Terms & Conditions

TERMS AND CONDITIONS FOR THE USE OF TRUSTPILOT WEBSITES (FEBRUARY 2013)

These user terms and conditions (hereinafter referred to as the "User Terms") shall apply to any use of Trustpilot's websites (hereinafter referred to as the "Website"), including - but not limited to - trustpilot.com, trustpilot.co.uk and trustpilot.nl.

The Website is supplied by Trustpilot A/S, Trommesalen 5, 3rd Floor, 1614 Copenhagen, Denmark, CVR-no. 30276582, support@trustpilot.com. In these User Terms, the words "we", "us" and "ours" shall refer to Trustpilot.

Trustpilot's "User guidelines for using and generating content on Trustpilot's websites", (hereinafter referred to as the "User Guidelines") in force at any time, shall apply as an integrated part of the User Terms. The current version of the User Guidelines is available here.

By using the Website, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are kindly requested not to use the Website any further. The registration of a Registered User requires your express acceptance of these User Terms.

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THE SERVICES ON THE WEBSITE

1 Registered User

1.1 In order to gain full access and use of the Website, you shall create a profile and register as a user (hereinafter referred to as "Registered User").

1.2 You shall only be permitted to register one profile per person on the Website. The profile is per-sonal and you shall not transfer it to others.

1.3 In order to become a Registered User, you need a password. You choose your own password which you shall use with your email address when logging onto the Website. Alternatively, we send the password to you. The password is personal and you shall not transfer it or in other ways make it available for others. It shall be your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you shall be obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.

1.4 During the registration, you must choose a username. The username will be shown on the Website, whenever Registered Users write or comment on reviews, or produce UGC (see 2.1 below) on the Website. Therefore, you must consider if you wish to use a username, from which you can be identified by others. The username shall not (i) be offen-sive or in other ways insulting, (ii) contain the terms such as "Guest", "Admin", "*.dk", "*.com" etc., or (iii) contain characteristics, including names of famous persons, which belong to a third party, or personal names to which you do not own the rights. You shall warrant that your username does not infringe any rights (including any intellec-tual property rights) belonging to any third party and/or the User Terms.

1.5 Changes to the username may only be made by Trustpilot. If you want to change your username, contact Trustpilot on sup-port@trustpilot.com.

1.6 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in case of your violation or suspected violation of these User Terms or applicable law. When deleting your user registration, you will no longer have access to the services on the Website, which require your registration and/or log on as a Registered User. When deleting your user registration, we reserve the right to delete the UGC (see 2.1) you have made on the Website.

1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your registration and UGC (see 2.1). In this case, our disclaimer shall apply without limitations.

1.8 You shall not be permitted to gain access or attempt to gain access to the parts of the Website re-quiring user registration if you are not a Registered User.

2 User Generated Content from Registered Users

2.1 To the fullest extent permitted by law the rights, (including all intellectual property rights) in any material, information, notifications, reviews of articles or other types of communication (hereinafter referred to as the "User Generated Content" or "UGC"), which are created on the Website by Registered Users, are licensed to Trustpilot for its non-exclusive use. The Registered User shall not be entitled to royalty payments or any other compensation or fee related to such UGC. We may freely use and transfer the UGC. Our non-exclusive access to freely use the UGC shall apply irrevocably, without any time limitation and without territorial limitations.

2.2 Registered Users shall be liable for the content of the UGC they publish on the Website.

2.3 Registered Users warrant that all UGC posted on the Website shall be correct and true (where they state facts) or be genuinely held (where they state opinions).

2.4 UGC shall relate to a company or organisation from which the Reg-istered User has purchased the company's products or services.

2.5 You may not publish UGC regard-ing companies to which you have personal or professional relations.

2.6 Registered Users shall not publish UGC on the website, which

  • is of a marketing nature or marketing purposes,
  • has sexist, pornographic, po-litical or racial character,
  • violates other people's rights, including any intellectual proper-ty rights,
  • are offensive or in any way breach any applicable local, national or international law or regulation,
  • violates these User Terms, including the User Guidelines,
  • has a disloyal or unlawful purpose and/or content,
  • is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct.

2.7 Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If Trustpilot receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may without any no-tice delete the UGC, just as we - dependent on the character of the violation - shall inform the violated party and/or the authorities. Our right to delete shall not be conditioned by an explanation, although we shall strive to inform the Registered User about the deletion and the reason hereof.

2.8 The Registered User shall guarantee to indemnify Trustpilot for any claims which may be made against Trustpilot as a consequence of the Registered User's violation of the User Terms or current legislation.

2.9 We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC. The Registered User shall e.g. document that the UGC is based on an actual purchase experience in an actual customer relation to the company which the UGC re-lates.

GENERAL TERMS

3 Rights

3.1 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software shall be the property of Trustpilot or a third party owner (other than the Registered User) and are protected by Danish or international legislation, including the Danish Copyright Act, the Danish Trade Marks Act, the Danish Marketing Practices Act etc.

3.2 Unauthorised copying, distribu-tion, presentation or other use of the Website or part hereof is a violation of the Danish and/or other legislations and may thus result in civil and criminal penal-ties.

3.3 To the fullest extent permitted by law the rights for our free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations by submitting the UGC to us.

3.4 Downloading and other digital copying of the content on the Website or parts hereof shall only be permitted for personal non-commercial use, unless otherwise agreed with us in writing or allowed under applicable mandatory law.

3.5 All company names, trademarks and other business characteristics on the Website shall be the prop-erty of Trustpilot or a third party owner (other than the Registered User) and shall only be used for business purposes upon prior ap-proval from us or the third party owner, respectively.

4 Personal data

4.1 Trustpilot performs different types of processing of personal data in connection with the use of the Website. Trustpilot's pro-cessing of personal data takes place under observance of Privacy Policy, which can be obtained here.

By accepting these User Terms, you confirm to have read and ac-cepted Trustpilot's Privacy Policy.

5 Disclaimer and indemnification

5.1 Trustpilot makes no warranties with respect to the content or accuracy of the UGC or the Website and shall not be held liable for own or others deletion or blockage of the UGC. Trustpilot may at any time at its own discretion and without any liability delete any content on the Website. Trustpilot expressly excludes all conditions, war-ranties and other terms which might otherwise be implied by statute, common law or the law of equity.

5.2 Trustpilot shall not examine or monitor UGC, which is published on the Website. Notwithstanding the foregoing Trustpilot may at all times investigate and edit (including anonymization) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for UGC compliance with Trustpilot's User Guidelines.

5.3 Trustpilot shall not be held liable for the content of UGC. Trustpilot's non-liability applies to any UGC including UGC which has been edited by Trustpilot (see 5.2). Trustpilot shall not be held liable for any links to third party Websites in the UGC, including for the content of the page to which the UGC links.

5.4 Recommendations, reviews, comments etc. of specific companies, services, e-businesses etc. on the Website are only guidelines. Trustpilot shall in no case be held liable for the content of the Website. The use of Trustpilot shall in any respect be the sole responsibility of the users. Trustpilot shall not be held liable for the availability of the Website.

5.5 Trustpilot shall in no case be held liable for damages for the use of the Website, including (i) loss of profits, contracts, turnover, busi-ness, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these is direct, indirect or consequential) (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential) or (iii) any indirect or consequential loss or damage whatsoever.

5.6 The Registered User shall indem-nify Trustpilot for any claim or loss due to third party claims against Trustpilot resulting from the UGC of the Registered User.

5.7 Nothing in the User Terms excludes or limits Trustpilot's liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under ap-plicable law.

6 Other User Terms

6.1 Trustpilot may at any time and without notice revise or change these User Terms or, at its own discretion and without notice, close, change or reorganise the Website. As a Registered User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms shall be stated on the Website. Trustpilot shall furthermore strive at informing the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.

6.2 Should any of these User Terms be regarded as unlawful or without effect and thus cannot be enforced, this shall not have any effect of the applicability and enforcement of the remaining part of the User Terms.

7 Applicable law and venue

7.1 The User Terms shall be subject to Danish law and unless otherwise stated, the general rules of Danish law shall apply in all relations between Trustpilot and the Registered Users and the users of the Website. Any disputes shall be brought before the court of Trustpilot's Danish jurisdiction, unless this violates the mandatory jurisdiction rules.

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