Terms and Conditions

Last updated: 24.12.2021.

 

These Terms and Conditions outline the rules and regulations for the use of Our Website located at https://libgain.com/

Please read this document carefully before using the services on Our Website. If there are any Terms You do not agree with, please discontinue using Our Website immediately. 

By continuing to use Our Website, We assume You accept all Terms and conditions that are listed in this document.

DEFINITIONS 

The words with the first letter capitalized are defined under the following definitions. 

  • Website – Refers to the website located at https://libgain.com/ 
  • We (“Us”, “Our”, “Company”) – Refers to the Company Opinodo, located at Svanvej 22, Copenhagen, Denmark
  • You (“Your”) – Refers to any individual who is accessing Our Website
  • Device – Refers to any device that is being used to access Our Website
  • Terms – Refers to rules and regulations listed in this document for the use of Our Website

The following definitions are applicable to both singular and plural. 

ACKNOWLEDGMENT 

The Terms listed in this document apply to all individuals who access and use Our Website. These Terms govern the relationship between the Website and its user. They explain all rules and regulations the users of this Website need to follow. 

By continuing to use Our Website, We assume you accept all Terms that are listed in this document as well as accept and comply with the Privacy Policy of the Company. Our Privacy Policy describes how We use, collect and share Your personal information when You access the Website and explains Your rights and how the law protects You.

Please, make sure You read carefully Our Privacy Policy and Cookie Policy. If there are any Terms You do not agree with, please discontinue using Our Website immediately. 

COPYRIGHT AND INTELLECTUAL PROPERTY 

All software and material that is available on Our Website is owned by Us and is for non-commercial, informational, and personal purposes only. All rights are reserved by Us. Unless there’s a written agreement of the Company’s owners, nothing on the Website can be used for commercial purposes. 

You must not republish, sell, or rent any of the materials that appear on Our Website. 

If We notice that You are in violation of these Terms, We may take the steps necessary to investigate and prosecute this behavior and prevent any other violations of Our Terms.

USER-GENERATED CONTENT 

You are legally responsible for any materials You generate and submit to this Website. This includes but is not limited to comments, questions, notes, media, or any other information that You publish on Our Website or send to Us via email.

You must not use Our Website to:

  • Post negative or disparaging comments and material;
  • Post any illegal, harassing, abusive, offensive, discriminatory, and pornographic content or encourage other people to do so;
  • Post any false, deceptive, or misleading material;
  • Send or procure any advertising or promotional material. 

We are not responsible or liable for any user-generated content. You are solely responsible for any content You post to this Website and submit to Us. 

By continuing to use Our Website, You agree and acknowledge that We are not responsible for any content that is posted by other users, including its legality, accuracy or decency. 

We have the right to edit and remove any content that appears on Our Website, for any reason. 

To learn more about prohibited activities, check the section named “PROHIBITED ACTIVITIES”.

HYPERLINKING TO OUR WEBSITE 

In accordance with these Terms, You are granted a limited right to link to Our Website only if linking to Us won’t present Our business in any misleading, false and negative way. We may rescind this right at any time, without mentioning any reason. In case of revoking the right, You agree to remove any links to Our Website as soon as You receive Our request to do so. 

PROHIBITED ACTIVITIES 

You may use Our Website only for legal purposes and in accordance with these Terms. 

The users of Our Website may not:

  • Use it in any other manner or for any purpose that violets these Terms;
  • Use it in any way that violates any applicable law and regulations;
  • Use it for business and commercial purposes;
  • Use it in any way that will interfere with the Website’s functionality, security, integrity, or performance;
  • Use any software or device that can interfere with the Website’s functionality, security, integrity, or performance;
  • Introduce viruses, worms, trojan horses, and other malicious and harmful materials;
  • Attempt to gain unauthorized access to the Website or our servers;
  • Reproduce, modify, resell, rent, lease, loan, exploit, sell, or use in any other manner that violates these Terms), the material We own on this Website;
  • Impersonate or attempt to impersonate another user or entity;
  • Otherwise attempt to interfere with the Website’s functionality, security, integrity, or performance.

To learn more about the user-generated content that is not allowed on Our Website, check the section named “USER-GENERATED CONTENT”.

REPRESENTATIONS AND WARRANTIES   

You hereby represent and warrant that your access and use of the Website will:

  • be in accordance with these Terms;
  • comply with all applicable laws, regulations and rules (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data);
  • not be for any unlawful purposes;
  • not entail, imply or give rise to the publication of any illegal content; 
  • not further any illegal activities;
  • not infringe upon or misappropriate any Opinodo’s Intellectual Property Rights (defined below)  or any third party’s intellectual property rights;
  • will not involve uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any third party; and
  • not be used to create, distribute, facilitate or operate in conjunction with malware, spyware, adware, or other malicious programs or code.

DISCLAIMER OF WARRANTIES   

Unless otherwise provided under these Terms, the services shall be provided by Opinodo to You “AS IS,” and “AS AVAILABLE” with all faults, defects, bugs, and errors. You expressly agree that your use of the Website is at Your sole risk. 

OPINODO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION. SUCH EXCLUSIONS OF IMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW.  

OPINODO AND/OR ITS GROUP AFFILIATES (IF ANY), LICENSORS, THIRD PARTY SERVICE PROVIDERS, AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND SERVICES FOR ANY PURPOSE. OPINODO AND/OR ITS GROUP AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES. 

NEITHER OPINODO NOR ITS GROUP AFFILIATES (IF ANY), LICENSORS, THIRD PARTY SERVICE PROVIDERS, AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.

OPINODO PROVIDES YOU WITH THE SERVICES ON THE WEBSITE IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) ANY DEFECTS ON THE WEBSITE AND/OR SERVICES WILL BE CORRECTED, OR (IV) THE WEBSITE AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

THE INFORMATION FOUND ON THE WEBSITE AND WITHIN THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. OPINODO WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF YOUR USE OF SUCH INFORMATION. ALL INFORMATION AND CONTENT ON THE WEBSITE AND THE SURVEYS IS COPYRIGHTED, AND MAY NOT BE REPUBLISHED, COPIED, SOLD OR POSTED ANYWHERE ONLINE OR IN PRINT. OPINODO RESERVES THE RIGHT TO TAKE THE NECESSARY LEGAL ACTION TO PREVENT YOU FROM (RE)-PUBLISHING, COPYING, SELLING, POSTING OR PRINTING ANY COPYRIGHTED INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE AND SERVICES.

OPINODO DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS OR PROFITS WILL BE OBTAINED BY YOU AS A RESULT OF USING THE WEBSITE AND SERVICES. AS SUCH, OPINODO WILL NOT BE LIABLE FOR ANY FAILURE, OR ANY LOSS OR DAMAGES INCURRED/SUSTAINED BY YOU AS A RESULT OF YOUR USE OR INABILITY TO USE THE WEBSITE AND SERVICES.  

OPINODO ALSO MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE WEBSITE, SERVICES OR CONTENT, OR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE ON THE WEBSITE AND SERVICES.

YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH INFORMATION, MATERIALS OR DATA.

INDEMNITY AND LIABILITY  

You agree to indemnify and hold Us harmless from and against any liability, demand, damages, cost, or expense arising from any third party claim based on: Your violation of these Terms; Your use or misuse of the Website, and/or Your infringement of Opinodo’s intellectual property rights. Opinodo shall indemnify and hold You harmless from and against any liability or expense arising from a third party claim based on any Negligence of Opinodo. “Negligence” shall mean gross negligence or intentional misconduct. 

In the event of a claim subject to indemnification hereunder, the indemnified Party shall: promptly notify the indemnifying party of the claim, provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.

DISCLAIMER AND LIMITATION OF LIABILITY  

OPINODO, ITS AFFILIATES (IF ANY), ITS LICENSORS, THIRD PARTY SERVICE PROVIDERS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OF THE SERVICES, EVEN IF OPINODO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

WHILE OPINODO TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, OPINODO AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE AND/OR THROUGH YOUR USE OF THE SERVICES. 

YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF PRIVACY, CONFIDENTIAL INFORMATION AND PROPERTY. OPINODO SPECIFICALLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, ORAL OR IN WRITING, CONCERNING THE VIABILITY OR COMPLIANCE WITH APPLICABLE LAWS OF THE SERVICES IN A PARTICULAR COUNTRY, TERRITORY, OR REGION.  

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OPINODO, ITS AFFILIATES (IF ANY), ITS LICENSORS, THIRD PARTY SERVICE PROVIDERS, AND ITS VENDORS AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, AND IF FOUND LIABLE, SUCH LIABILITY SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED UNITED STATES DOLLARS ($100,00).

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OPINODO SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY SERVICE PROVIDER SUPPLYING A PORTION/PART OF THE SERVICES UNDER THESE TERMS.

LINKS TO OTHER WEBSITES 

Our Website may contain links to other websites. By clicking on these links, You will be redirected to other websites (or mobile applications) that are not covered by Our Privacy Policy. To avoid giving information to any fraudulent websites, make sure to review their privacy policy as soon as You enter the website You have been redirected to. 

COOKIES AND SIMILAR TECHNOLOGIES 

Our Website, like many other professional websites, uses cookies. Cookies are small pieces of data that are downloaded and stored on Your computer (or other smart devices you’re using) when You access Our website.

To learn more about cookies, how We use them, and how You can adjust/disable them on Your Device, please check Our Cookie Policy

SEVERABILITY 

In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render the remaining provisions of these Terms unenforceable or invalid, and, in such event, such remaining provisions shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decision(s).

WAIVER 

Each Party agrees that any delay or omission on the part of the other party to exercise any right, power or remedy under these Terms will not automatically operate as a waiver of such right, power or remedy or any other right, power or remedy and no waiver will be effective unless it is in writing and signed by the waiving party. Further the waiver or the single or partial exercise of any right, power or remedy by either party hereunder on one occasion will not be construed as a bar to a waiver of any successive or other right, power or remedy on any other occasion.

AGE RESTRICTION 

You must be at least 18 years of age to create a user account and to use Our Services. If You are younger than 18, but above the required legal age for consent to use online services in the place where you live (i.e., 13 years in the USA) We encourage you to invite a parent or legal guardian to assist You in registering your user account on the Website. 

If You are below the legal age of consent to use online services, you cannot create a user account or use the Services. If We discover that you have violated this, We will terminate Your user account, in our sole discretion.

GOVERNING LAW AND JURISDICTION  

In the event of any disagreement between the Parties with respect to the interpretation and implementation of any aspect of these Terms, the Parties agree to discuss in good faith to reach an amicable resolution prior to starting any litigation/legal proceedings against each other.

These Terms shall be construed, governed and enforced in accordance with the laws of Denmark. 

DISPUTE RESOLUTION  

If You have any disputes, complaints, or concerns about Our Website, You agree to first try to resolve the dispute by contacting Us.

WILL WE MAKE CHANGES TO TERMS AND CONDITIONS? 

We reserve the right to update and change this document from time to time. The changed Terms and Conditions will have an updated “revised” date that will be visible on top of this page. The updated version will be effective as soon as it is published on Our Website.

To keep Yourself updated, make sure to review this page periodically for any changes. If there are any Terms you do not agree with, please discontinue using Our Website immediately. 

By continuing to use Our Website, You agree with all the terms stated in Our Privacy Policy, Cookie Policy and Terms and Conditions. 

HOW CAN YOU CONTACT US? 

If you have any questions about Our Terms, contact Us by filling out a short form on Our contact page

We will get back to You as quickly as possible!