WRITELIN
GENERAL TERMS & CONDITIONS

1. Introduction

a) Writelin offers a service, by the use of which, the user can write his/her memoirs and make them available in the service, together with pictures, sound recordings and other relevant materials (“the Service”).The registered user can choose to keep such content private or to share it with other users of the Service.

b) Writelin AB is a company under the laws of Sweden with company registration number 559027-1408 (“we or us”).

c) These Terms and Conditions, together with any information contained on the web site with the address www.writelin.com (“this Agreement”), govern your use of the Service, the account provided by us (“the Writelin Account”) as well as your relationship with us. Please read these General Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not subscribe to Writelin Account.

d) By ticking the “I agree” box or pressing the “I Accept” button when subscribing for Writelin Account, you confirm that you are 18 years of age or more, or that you have received your parent’s or guardian’s consent to enter into this Agreement and that you agree to the terms and conditions of this Agreement.

2. Registering

a) When you register for a subscription to the Service, you will be asked to create a password. You will be responsible for all activities that occur or are submitted under your password. If you know or suspect that someone else who hasn’t your permission knows your password you should notify us immediately.

b) You hereby commit not to provide any false information when registering for the use of the Service or create an account for anyone other than yourself without permission. You shall keep your contact information accurate and up-to-date.

c) If we have reason to believe that there is likely to be a breach of security or misuse of any services provided on Writelin Account, we may require you to change your password or we may suspend your account and, in our own discretion, terminate your access to the services immediately and without notice to you pursuant to the provisions below in clause 16 (“Term and Termination”) below.

3. Account

a) When you register for a subscription to the Service, you can choose between having an open profile or a private profile. You will also have an opportunity to invite non-registered users of the Service to view the Content you upload in the Service. When accepting the invitation, the non-registered users must register as guest users of the Service.

4. Billing

a) The fee for your use of the Service will be billed on a monthly basis.

b) If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and if you do not change your payment method, we may suspend your access to the Service until we have obtained a valid payment method.

5. Prices

a) We may change the price for use of the Service from time to time. Such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you. If you do not wish to be bound by such changed price, you may terminate your subscription in accordance with clause 16 below (“Term and termination”).

6. Automatic Subscription renewal

a) Your subscription to the Service will automatically renew at the end of each subscription period unless you terminate your subscription prior to the end of such subscription term in accordance with clause 15 below (”Term and termination”). Such renewal will always be for a yearly subscription term, even if the previous subscription term was for a longer period. At the time of renewal the payment method you have designated to be charged for the purchase, will automatically be charged with the applicable amount.

7. Extra Service

a) Writelin might offer further services (than the Services) to its registered users, such as writing coaching services, book printing services etc. These services are not included in the subscription fee hereunder, but will be specified in a pricelist on the Writelin website, and you can at your own discretion choose if you want to register for use of these services or not

8. Content

a) Any information, texts, images and videos or any other material, without limitation, which you supply us with or upload, publish or otherwise make available in the Service, is jointly referred to as the “Content” in this Agreement. Any information, texts, images and videos or any other material, without limitation, which other users supply us with or upload, publish or otherwise make available on the web pages of Writelin, is jointly referred to as the “Other Users Content” in this Agreement.

b) When supplying us with Content and/or when uploading, publishing or otherwise making Content available in the Service, you commit to adhere to the terms and conditions of this Agreement and the specific instructions issued from time to time by us. You shall be fully responsible for any Content according to the provisions below.

c) You hereby confirm that you shall not place any links in the Service to any material or web pages not part of your web pages in the Service without having first obtained our written permission (an e-mail shall be sufficient).

d) Any Other Users Content is the sole responsibility of the person who originated such materials. We cannot take responsibility for such Other Users Content and any use or reliance thereon is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any material contained in the Service. You understand that by using the Service, you may be exposed to materials that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances we shall be liable in any way for any materials, including, any errors or omissions in any materials, or any loss or damage of any kind incurred as a result of the use of any materials which have been posted, emailed, transmitted or otherwise made available via the Service.

9. Ownership

a) By supplying us with Content and/or by uploading, publishing or otherwise making Content available in the Service, you grant us a worldwide, non-exclusive, royalty-free license to make such Content available in the Service.

10. Advertising, security etc.

a) You hereby acknowledge that you shall not

i. advertise or promote any product or services in the Service without having first obtained our permission;

ii. collect any third party content or information, or otherwise access the Service using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

iii. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

iv. attempt to introduce any viruses, Trojan horses, spyware, cancel bots or other malicious code into the Service;

v. solicit login information or access an account belonging to someone else;

vi. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;

vii. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

viii. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;

ix. bully, intimidate, or harass any third party;

x. use the Service t to do anything unlawful, misleading, malicious, or discriminatory:

xi. do anything that could disable, overburden, or impair the proper working of the Service.

11. Access to Writelin

a) We will do our utmost to ensure that availability of the Service will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Service may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

b) We assume no liability whatsoever for any errors or delays or interruptions in the Service, attributable to your computer systems or networks, your access to the Internet, transmission errors or other errors, delays or interruptions on the Internet or other public networks.

12. Warranties, representations and indemnification

a) You hereby represent and warrant that

i. the Content shall not infringe on any copyright, any trade mark right, any design right, any patent right, any right to a person’s name or picture, any privacy right or any other right of any person or entity;

ii. you have obtained all relevant consents for any use hereunder of the Content, including all necessary consents according to the Copyright Act, the Swedish Trade Mark Act (Act 1960:644), the Swedish Personal Data Protection Act (Act 1998:204),the Swedish Act on the Use of Names and Pictures in Advertising (Act 1978:800) or any similar legislation within the territory;

iii. you have obtained all relevant consents from the creators of the Content and/or all persons or third parties who holds or owns rights to the Content;

iv. the Content does not violate any law in any country of the world;

v. the Content does not contain any material which is referred to in chapter 16 § 5 of the Criminal Act as regards instigation of rebellion, in chapter 16 § 8 of the Criminal Act as regards the persecution of an ethnic group, in chapter 16 § 10 a of the Criminal Act as regards child pornography crimes or chapter 16 kap § 10 b of the Criminal Act as regards unlawful descriptions of violence;

vi. the Content shall not be obscene and defamatory of any person;

vii. the Content is not pornographic or contains nudity.

b) You shall indemnify and hold harmless us or any of our affiliates and business partners (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach or alleged breach by you of the above warranties and representations and/or use of the Content hereunder.

13. Removal of Content and termination of access

a) We reserve the right to reject, or remove from the Service any Content which damages or could potentially damage us (e.g. should the Content be in conflict with your representations and warranties above). In any such case, we shall also be entitled to terminate this agreement and your subscription with immediate effect or suspend your subscription. If we should terminate this Agreement, or suspend your subscription for any of the reasons set out in this sub-clause, we shall have no liability or responsibility to you, and we will not refund any amounts that you have previously paid as a subscriber to Service.

14. Our rights

a) All rights, title, and interest in and to the Service (excluding the Content), will remain our (and our business partners) exclusive property. This Agreement shall not give you any right to use such materials other as provided for herein, nor shall this Agreement give you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features.

15. Limitation of liability

a) Your access to and use of the Service or any use of the Content or Other Users Content is at your own risk. You understand and agree that the services provided to you in the Service are on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, we disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content or Other Users Content. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content or Other Users Content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content, any Other Users Content and other communications maintained by us. We make no warranty that Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

b) We, our subsidiaries, affiliates, business partners, officers, employees and similar shall not be liable for any direct, indirect, incidental, special, consequential, punitive or any other kind of damages, including, without limitation, loss of profits, data, use, good will or other losses, resulting from i) your use, or inability, to use the Service ii) any conduct of any third party using the Service, iii) any Other Users Content obtained from the Service or iv) any unauthorized access, use or alteration of your transmissions or Content, all this regardless of the damages are based on warranty, contract, tort or any other legal theory.

16. Term and Termination

a) You shall be entitled to terminate your subscription to the Service at any time. In such case this Agreement shall terminate. The termination shall have effect at the expiry of the then current subscription period that you have already paid for. Writelin will not refund any amounts that you have previously paid as a subscriber in connection with your termination of your subscription.

b) We shall be entitled to terminate your subscription to Writelin Account and this Agreement by giving you 30-day notice if we should cease to offer the services of Writelin Account. Such termination shall have effect at the expiry of the 30-day notice period. You shall not be entitled to a refund of any amounts that you have previously paid as a subscriber in connection with our termination.

c) We shall be entitled to terminate your subscription to Writelin Account and terminate this agreement with immediate effect, if you should commit a breach of any of the provisions contained in this Agreement or otherwise create risk for us. We will notify you thereof by email or at the next time you attempt to access your account. If we should terminate your subscription and this Agreement, for any of the reasons set out in this clause, we shall have no liability or responsibility to you, and we will not refund any amounts that you have previously paid as a subscriber to the Premium Service.

d) In any and all cases this Agreement is terminated by you or by us, your access to Writelin Account is also terminated. In any such cases, however, the following provisions will still apply and shall thus survive the termination of this Agreement.

17. Force Majeure

a) Neither party shall be required to fulfill any of its obligations set out herein if such fulfillment cannot be fulfilled due to circumstances outside the control of such party (”Force Majeure”). Should a party be unable to fulfill its obligations due to Force Majeure, such Party shall forthwith notify the other party of this and, if possible, estimate when due fulfillment can be expected.

18. Registration of personal data

a) We process all personal data transferred to us in connection with the use of the Service in accordance with the Swedish Personal Data Protection Act (Personuppgiftslagen 1998:204). You hereby give your consent to our use of all personal data, without limitation, furnished by you to us. For example, such use shall include the collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, destruction or any other processing of personal data. The personal data given may be used by us regardless of the purpose of the use, and may thus include sale or marketing purposes. This consent is given for processing by all now and future known technical means. This consent is given freely and also entitles us to transfer, through sale, lend, license, lease or otherwise, the right of said usage in part or wholly to any third party, regardless of where the recipient is located. Thus, you give your consent to possible transfer of personal data to countries outside of the European Union. By this consent you waiver your right to block transfers to countries not within the European Union and you also consent to future transfer of your personal data to countries which may or not provide sufficient or adequate level of protection for personal data. Information in the foregoing encompasses any and all personal data, including any personal data relating to you, regardless of whether or not the information can, directly or indirectly, identify a person.

19. Alteration of service or amendments to general terms and conditions

a) We reserve the right to add new services to the Service and to change such services without prior notice to you. Should we wish to stop providing all services permanently, we shall terminate this Agreement pursuant to sub-clause 16 b) above.

b) We reserve the right to make amendments to this Agreement at any time. We will notify you of our intent to make such amendment by e-mail or the next time you access your account. If you should notify us that you cannot accept such amendments, we shall be entitled to terminate this Agreement and your subscription to the Service. Otherwise, your use of the Service shall be subject to the amended Agreement.

c) A termination undertaken by us pursuant to sub-clause 19 b) above shall have effect at the expiry of the then current subscription period that you have already paid for.

20. Transfer of the Agreement

a) You may transfer your rights and obligations of this Agreement, in whole, to any third party without our prior consent.

b) We may transfer our rights and obligations of this Agreement, in whole, to any third party without your prior written consent.

21. Miscellaneous

a) If any provision of this agreement or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the parties shall amend this Agreement in order to give effect to, so far as is possible, the intention of this agreement. If the parties fail to amend this agreement, the provision, which is void, invalid or unenforceable, shall be deemed deleted and the remaining provisions of this Agreement shall continue in full force and effect.

b) The headings in this agreement are for convenience only and shall not affect the interpretation of any provision of this agreement.

c) In event that any discrepancy or ambiguity exists as between the provisions of this agreement and the information contained on our web pages and/or in the Service, the provisions of this Agreement shall take precedence.

d) This contract has been executed in digital form and we will store its copy in such form, properly signed.

22. Governing law and disputes

a) This agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of, or in connection with this Agreement shall be settled by the district court of Stockholm, Sweden (“Stockholms Tingsrätt”) as first instance.