1.1. These General terms and conditions applies to services the Customer subscribes for Ducosuite (the Service) from LC MEDIA HB (LCM). Authorized Users (defined below under 2.1) will through the Service access LCM ‘s online platform which enables access to information, data or other material owned by, or licensed to, LCM (the Content).
1.2. To the Service, an agreement and/or an order confirmation and these General terms and conditions and/or a quotation applies.
If any conflict should occur between these documents (which together constitutes the Agreement) they shall take precedent in the aforementioned order. If the Customer orders additional services from LCM according to a separate quotation and order confirmation, those services shall also be subject to the Agreement.
2.1. The Customer is, pursuant to the Agreement, provided with a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to allow the Customer’s employees, or other individuals reported to LCM, (Authorized Users) individual access to and the right to use the Service and its Content for the Customer’s own use within the Customer’s internal organization, or if the Customer is a private individual, for private use.
2.2. The Customer is not allowed to, or to let any person other than the Authorized Users, use, copy or in any other way use or reassign the Service. Furthermore, the Customer is not entitled to rent, lease, lend sell or otherwise distribute LCM Material (defined below under 2.7) in any other way than as the Agreement entitles to, unless otherwise specifically agreed between the Customer and LCM.
2.3. The Service is provided as specified in the Agreement. LCM reserves the right to amend, remove or substitute the Content or the online platform.
2.4. The Customer undertakes to comply with the provisions of the Agreement and the requirements for the use of the Service that LCM at each time may apply and to comply with the at each time existing requirements regarding hardware, operating system, browser or other technical requirements necessary for the Customer’s use of the Service.
2.5. The Customer is not allowed to give other persons than the Authorized Users access to and the right to use the Service. The Customer is responsible for all users of the Service (Authorized Users as well as non-authorized users) who uses the Service that is provided to the Customer according to the Agreement. The Customer undertakes to keep confidential and not to disclose the Customer’s login information to any third party and to procure that all login information is kept safe. Furthermore, the Customer shall procure that passwords are changed regularly and shall maintain sufficient internal systems to be able to monitor access to and use of the Service. The Customer shall immediately notify LCM if the Customer becomes aware of any unauthorized use of passwords or if any other security breach has occurred.
2.6. The Customer undertakes not to, under any circumstances, attempt to gain unauthorized access to network- or computer resources connected to and/or accessible through LCM’s online platform or the Service, or to attempt to destroy or corrupt information stored or accessible on or through such network- or computer resources. All use of external automated tools in connection with the Service, including but not limited to search-, indexing-, crawling- or scrapping programs, is prohibited.
2.7. The Customer acknowledges that the Content may include information, press releases, reports and pictures (Material). Material
which has been prepared and/or compiled by LCM is hereinafter referred to as LCM Material. Material which has been
uploaded by the Customer, such as the Customer’s press releases, reports, pictures and the Customer’s own information regarding recipients of information is hereinafter referred to as Customer Material.
3.1. In relation to the Customer, LCM owns all intellectual property rights relating to the Content, LCM Material and the on line platform.
3.2. LCM provides access to the Content through the online platform to the extent that the Content is provided to LCM by third parties. LCM does not maintain or control such Content which is provided by third parties or the content on other websites which can be made accessible as a part of the Service and is therefore not responsible for the availability, timeliness, accuracy of such material or any acts of infringement committed through such material. Furthermore, the Customer acknowledges that LCM, or relevant third party, may whenever deemed fit prevent such material to be made available through the Service.
4.1. Material, LCM’s as well as the Customer’s, may contain personal data and/or be protected under the Swedish Copyright Act (Swe. upphovsrättslagen). The Customer is obliged to observe the provisions of the Swedish Copyright Act and the Swedish Data Protection Act (Swe. personuppgiftslagen) when dealing with the Material.
4.2. The Customer is aware of, and accepts, the fact that LCM stores Customer Material in a database together with material received from other customers.
4.3. The Customer is obliged to ensure that Customer Material is accurate, that it is not contrary to law or regulation or infringes the rights of third parties and that it is not designed in a way that may be considered as offensive.
4.4. LCM reserves the right to freely use Customer Material for commercial use, and, to the extent necessary, change and modify
Customer Material as well as all or part of the database.
4.5. In relation to LCM, the Customer owns the intellectual property rights relating to Customer Material and is responsible for it.
However, LCM reserves the right to erase Customer Material in case of (i) it is alleged that Customer Material constitutes an infringement of a third party’s intellectual property rights or (ii) the Customer, or a user the Customer is responsible for, has breached the Agreement.
5.1. LCM provides support that, to a reasonable extent, assists the Customer when needs or problems arise in connection with the
Customer’s use of the Service.
5.2. The Service is normally accessible 24 hours a day, seven days a week. The operations are however, under certain periods, supervised through a jour and disturbances in the Service may then occur. LCM does not guarantee that the Service is free from errors or disturbances.
5.3. LCM undertakes to rectify reported errors within a reasonable time. LCM may rectify errors or inadequacies in a manner deemed appropriate by LCM. LCM has the right to take measures that affect the Service’s availability if it is necessary due to technical-, maintainability- or safety reasons.
6.1. The Customer shall compensate LCM for the Service as agreed in the order confirmation/agreement with the possible price adjustment as stated in 6.2 and 6.3 below. LCM’s, from time to time, applicable price list applies to other services and t hose additional services that the Customer may order. All prices listed are exclusive of VAT.
6.2. The price for the Service is adjusted annually, normally at the turn of the year. Price adjustments may in addition occur in cases where LCM would incur increased costs for the performance of the agreed Service, where by the Customer shall compensate LCM with an amount corresponding to the increased costs. Such adjusted prices shall be announced no later than one (1) month before the adjustments take effect. Right of termination follows from paragraph 9.4.
6.3. LCM reserves the right to seek compensation from the Customer in the event of currency fluctuations.
6.4. An invoice falls due fourteen (14) days following the date of issuance. In case of payment delays, the customer shall pay interest on the due amount of eight (8) % above the prevailing reference rate according to paragraph 9 of the Swedish Interest Act (Swe. räntelagen) per commenced month from the due date, but in any case no less than SEK fifty (50).
7.1. The Parties may from time to time provide the other party with confidential information regarding respe ctive party’s operations, including but not limited to such information that is exchanged as part of LCMs provision of the Service (Confidential Information). The receiving party may only use the other party’s Confidential Information to the extent nec essary to preserve and fulfil its rights and obligations under the Agreement. Both parties agree not to, without the consent of the other, disclose any Confidential Information except for (i) when required according to law or other regulation, (ii) to such person or entity who need to know that information in order to fulfil either party’s obligations under the Agreement or (iii) when the information has become publicly known without either party’s breach of the Agreement.
8.1. Agreement regarding the Service is deemed to have been entered into when agreement and/or order confirmation has been signed by the Customer and delivered to LCM (Effective Date). The Agreement is valid for one year from the Effective Date unless otherwise agreed upon in writing (Term). In the event that the Agreement is not terminated within three (3) months prior to its expiration, the Agreement is extended for one (1) additional year at a time.
8.2. Paragraph 8.1 does not apply in the event that the Customer is a consumer and the Service is used only for private use, the Agreement instead passes to a non-fixed-term agreement with one (1) month’s notice when the initial Term of one (1) year has elapsed.
9.1. LCM reserves the right to suspend the Customer from the Service or to terminate the Agreement immediately if:
9.2. The Customer shall compensate LCM for all damages, direct as well as indirect, that LCM may incur as a result of the
Customer’s use of the Service in a manner inconsistent with the Agreement, applicable law or in a otherwise negligent manner.
9.3. The Customer is entitled to terminate the Agreement with immediate effect if LCM substantially fails to meet its’ obligations under the Agreement. LCM shall however be entitled to take corrective action within fourteen (14) days after LCM has be en requested to by registered mail.
9.4. The Customer is entitled to terminate the Agreement with one (1) month’s notice, but not prior to the date when the adjustment becomes effective, if LCM during the Term adjusts the prices pursuant to paragraph 6.2 or 6.3. The same applies if an amendment under paragraph 13 is of significantly detrimental effect to the Customer.
9.5. LCM shall be entitled to terminate the Agreement without liability for compensation if the fulfilment of the Agreement to a substantial part is obstructed or prevented for a longer period than three (3) months, due to a certain circumstance mentioned above.
9.6. Notice of termination shall be in writing to be valid.
10.1. Reclamation in case of errors or defects in the Service shall be made without unreasonable delay and no later than one (1)
month after the Customer has received the Service.
10.2. The Customer shall not in any case be entitled to compensation from LCM if claims thereof have not been made to LCM no later than twelve (12) months after the Service has been or should have been performed.
11.1. LCM is exempt from liability for damages or losses which the Customer suffers due to, but not limited to:
11.2. LCM has no liability for any indirect damages or losses, including but not limited to production losses, loss of profit or pure economic loss, except when they are caused by LCM through intent or gross negligence.
11.3. LCM has no liability for damages caused to the Customer by a third party and which, in part or fully, relates to use of th e
Service or Customer Material.
11.4. LCM is not liable for errors, stops, disturbances, delays or defaults in the Service caused by the Customer or any third party or which are attributable to disruptions in communication networks (such as mobile- and fixed telephony, electricity or the Internet or other electronical communication networks) or other circumstances outside of LCM’s control such as labour disputes, lightning, fire, riots, mobilization, authority’s rules and decisions, hacking, limitations, errors or shortage in terms of e nergy supply, or delays in deliveries from subcontractors for reasons stated herein including acts of god and natural disasters.
11.5. Regardless of the above, LCM’s liability under this agreement, at any time, is limited to a maximum amount equal to one month’s fee for the service which the claim is based upon in accordance with the, at the time of the occurred event then applicable price list.
11.6. Paragraph 11.1 and 11.5 do not apply in the event that the Customer is a consumer and the Service is used only for private use.
12.1. The Customer is not entitled, without LCM’s approval in writing, to assign its rights or obligations under the Agreement. LCM may, after informing the Customer, assign its rights and obligations under the Agreement.
13.1. LCM is entitled to amend these General terms and conditions by informing, no later than three months before the amendments becomes effective, the customer in writing on an invoice or through letter, fax or email about the amendment. After a new vers ion of general terms and conditions has entered into force, the new version applies instead of the earlier version of the general terms and conditions.
13.2. The Customer is, if the Customer so wishes, entitled to terminate the Service with one (1) month’s notice with regards to amendments to the General terms and conditions if the Customer is a consumer and the Service is used only for private use.
13.3. All other amendments to the Agreement or to the Service shall in order to be valid be in writing and be approved by both part ies.
14.1. Personal data submitted to LCM is processed continuously by LCM in connection with book-keeping, billing, other administrational actions and for fulfilment of agreements between LCM and LCM’s customers. The personal data may, for above stated reasons, be submitted to companies, within or outside of the European Union, included in the LCM group. The Customer hereby consents to LCM’s processing of, by the Customer submitted, personal data and guarantees that all applicable consents are given. The LCM group will exercise caution when processing personal data in order to protect the registered persons personal integrity.
15.1. Any disputes arising out of the Agreement shall be finally settled by arbitration in accordance with the Swedish Arbitration Act (Swe. lagen om skiljeförfarande). The seat of arbitration shall be Stockholm, Sweden. The above stated shall not prevent a party from applying to a court of competent jurisdiction or other competent authority for the recovery of clear and due claims.
15.2. Paragraph 15.1 does not apply between the parties in the event that the Customer is a consumer and the Service is used only for private use.