1. LEGAL INFORMATION
1.1 The Ocean Hub Platform, App's and platform (the "Platform") is provided by Ocean Hub AS ("Ocean Hub"). We are a limited company incorporated in Norway (company registration number 998 297 915). Our registered office is at: Unnebergveien 5, 1613 Fredrikstad, Norway.
"Account" shall mean a user account created by a User on the Platform. "Agreement" shall mean the terms and conditions set out in this document. "Content" shall mean the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. "Customer" shall mean a User that creates an Account on the Platform or subscribes to or purchases any of the Services. "Services" shall mean the Ocean Hub products and services, which are provided to you on, from or through the Platform. "Subscription" shall mean a subscription in which one or more of the Services are subscribed to on or through the Platform. "Subscription Fees" shall mean such fees as is charged by Ocean Hub for providing the Services. "User" shall mean any person, company or entity that visits or uses the Platform. "Platform" shall mean this Platform, www.oceanhub.com, including all content and code related thereto. The Platform also includes Ocean Hub App´s in the App stores for mobile phones and tablets.
3. LEGALLY BINDING AGREEMENT
3.1 This Agreement is a legally binding agreement between you and Ocean Hub that governs your use of the Platform, Services and associated materials and documentation that has been created and is owned by Ocean Hub or its suppliers or licensors. By clicking the “I Agree” button or by accessing the Platform or the Services, whether for a fee or for free, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, you may not use the Services or the Platform.
4. YOUR PURCHASE/SUBSCRIPTION
4.1 In order to use certain of the Services you must create an Account and order the Services you wish to use (henceforth referred to in this Agreement as a "Purchase"). There are a number of different Services available with different fees payable. Each Purchase and corresponding payment allows you to access and use different parts of the Services. When you sign up to the Services you will be required to select each of the Services you would like. A full description of the Services available and the applicable fees is available on the Platform. The Customer will receive a confirmation e-mail upon the Customer's subscription to the Services.
4.2 We reserve the right to change the appearance, content or functionality of the Services and the Platform at any time. You can upgrade your Subscription or order further Services at any time via the Platform.
4.3 Your Subscription is activated when the payment is received. Ocean Hub will demand payment when the Purchase is ordered. The Purchase is concluded upon payment.
4.4 Your Purchase is managed by Nets or Paypal, which is a safe electronic payment method for Visa and Mastercard/Eurocard. All information about the debit or credit card used to purchase the Services is stored in accordance with the card provider's regulations.
4.5 If the Customer is regarded as a consumer in accordance with the Norwegian Right to Cancellation Act (Norwegian: Angrerettsloven), the Customer may, for any reason, and without any term, cancel Ocean Hub's delivery of any Service bought through Ocean Hub's Platform, and redeem full repay for the part of the Service not yet been used at the time of the cancellation. Cancellation of a Service in accordance with this section 4.6 must be submitted within 14 days from the time where the Customer is given access to the Services. If the customer is regarded a consumer in accordance with the Norwegian Right to Cancellation Act, the Customer shall be provided with a Right to Cancellation Scheme provided in accordance with the Norwegian Right to Cancellation Act. If no Right to Cancellation Scheme is provided by Ocean Hub, the respite to submit a cancellation is 3 months from the time where the Customer is given access to the Services. The right to cancel a Service in accordance with this section 4.6 does not under any circumstances limit the right to cancel a Service in accordance with any other provision in this agreement or other legally binding agreements between Ocean Hub and the Customer.
4.6 If the Customer considers the Services to suffer from a defect, the Customer shall within reasonable time provide Ocean Hub a written notice of the defect. Ocean Hub will instruct you of the further process.
5. PURCHASE PRICE
5.1 "Purchase Price" means any applicable fees or remuneration for the Services as may be charged by Ocean Hub from time to time. The Fees are inclusive of sales tax at the rate that is current at the time of purchase, where applicable. Detailed information related to the different Purchase Prices applicable for the different Services is available on demand from Ocean Hub.
5.2 The Purchase Price is charged and payable through different payment methods such as PayPal, invoice, or such other payment mechanism that we make available from time to time. You will be charged for, and we will collect payment using the payment mechanism that you have selected. You warrant and represent that any payment details that you may submit are accurate and that you are authorized to use such payment details.
5.3 By ordering the Services as a Customer via the “Platform”, you agree to pay such Purchase Price that you incur through your purchase of the Services. An overview of the Services you have ordered is available on the Platform or on demand from Ocean Hub.
5.4 Ocean Hub's performance or delivery of the Services is contingent on the Purchase Price being paid. If the Purchase Price is not paid in accordance with the payment method selected or within the due date, Ocean Hub reserves the right to discontinue the delivery of the Services. Any Purchase Price paid is non-refundable unless otherwise is prescribed by section 4.6 in this agreement.
5.5 Further information related to the payment of the Purchase Price is provided on the "order confirmation" screen on the Platform or via email, or on your invoice. The payment method used on the Platform and the general payment conditions may be subject to changes from Ocean Hub at any time.
5.6 In the event that you are billed in any other currency than US dollars, the Purchase Price will regularly be amended to follow the exchange rate between the applicable currency and US dollars. All such amendments of the Purchase Price shall follow an exchange rate index generally used in your local country. The exchange rate used on your purchase shall follow from your order confirmation or invoice.
5.7 The Purchase Prices are subject to change by Ocean Hub at any time. Ocean Hub will ensure that you are made aware of any price change prior to such price change taking effect so that you will have the opportunity to cancel any Subscription(s) you may have, cf. section 6 below.
6. AUTOMATIC SUBSCRIPTION RENEWAL AND CANCELLATION OF SUBSCRIPTION
6.1 In the event that you have purchased or ordered a Service with an indefinite duration (henceforth referred to as a "Subscription"), your Subscription will, unless you are informed otherwise, automatically renew itself at the end of each term of the Subscription, unless you cancel your Subscription before the end of the term as described below in section 6.2.
6.2 You can cancel your Subscription(s) by sending a written cancellation notice to Ocean Hub at post.hq@Ocean Hub.com, by calling Ocean Hub's customer service, or as otherwise instructed. In the event that you cancel your Account, a term of notice may apply to your Subscription. In such an event, you will be required to pay the Subscription Fees until the expiration of your term of notice. After your term of notice, no further Subscription Fees will be collected (subject to all payments due having been previously collected).
7. THE OCEAN HUB ACCOUNT
7.1 Access to your Account will be protected by a username (which must be a valid email address) and password, which you will be provided or as you choose at the time you create your Account. You may change your password at any time, but you are responsible for keeping your Ocean Hub Account username and password secure and confidential.
7.2 We will be entitled to assume that anyone accessing your account using your username and password is either you or someone authorized by you and you will be responsible for any charges that are incurred by any person through your account. You must notify us immediately if you think that someone has gained unauthorized access to your account.
8.1 Members: Personal Member Accounts
8.1.1 Personal legal entities are welcome to establish an Account and become a User of Ocean Hub. A User who is a personal legal entity is henceforth referred to as a "Member".
8.1.2 It is currently no subscription costs to be a Member on the Platform. Ocaen Hub may introduce featured levels of membership and Services for Members in the future.
8.1.3 Ocean Hub has currently has to subscription free member levels; 1) Entry Member and 2) Community member . The main difference between the member levels is that the Community Member is the one powered to give access to join and grow the community network of other Community Members on the Platform, while the Entry Member is not. Community Members can both invite none-members to sign up (and thereby directly become Community Members), and verify Entry Members to access the community network of Community Members and thereby become Community Members themselves.
8.1.4 The features available to and the Members are set out on the Platform. Members have for example a personal profile with images, videos, texts and other data about their personal professional profile. They can connect with other members, share contents and post updates, images and videos in a news feed and on their content activity wall. Furthermore, they can follow companies, experts and members and customize their news feed with advanced filters and preferences.
8.2 Companies: Company Accounts and Company Profile/Membership Levels
8.2.1 Non-personal legal entities such as companies or organizations are welcome to establish an Account and become Customers of Ocean Hub. A Customer who is a non-personal legal entity is henceforth referred to as a "Company Client". .
8.2.2 Company Clients may subscribe to different Company Profiles/Memberships. The following Company Memberships are currently available: 1) Zero, 2a) Listing, 2b) Listing+, 3a) Standard, 3b) Standard+, 4a) Business, 4b) Business+, 5a) Premium, 5b) Premium+ and 6) Enterprise (hereby “Company Membership”).Different levels of services are available for the different Company Memberships. The services available to and the differences between the Company Memberships are set out on the Platform.The differences between different Company Memberships may include the number of publications the Company Client may publish or save on the Platform, the degree of profiling of the Company Client on the Platform, the number of company account holders available to Company Client's Account or the degree of available statistics and data.
8.2.3 The first time an Account is created in the name of, or on behalf of, a Company Client, the Account created will become the administrator of the Company Client (henceforth referred to as a "Administrator"). The Administrator will after it has been created have the ability to administrate the profile and Account of the Company Client.
8.2.4 After an Administrator is created for a Company Client, any subsequent registration of Accounts in the name of, or on behalf of, the same entity, will be subject to the approval of the Administrator. The Administrator will be the only company account holder with the authority to approve or reject Accounts connected to the Company Client. If the Administrator approves an Account, such subsequently registered Accounts will become connected to the same Company Client. Once the Administrator has approved accounts as a representative of the Company Client, all such approved accounts registered to the Company Client will be able to represent the Company Client such as set out in section 8.4 below.
8.2.5 There are different kinds of Accounts available to the different account holders of a Company Client. Accounts approved by the Administrator will become a Supervisor, Author or Publisher.
8.2.6 The different account types will on behalf of the Company Client and in relation to Ocean Hub have the right to:Account Types: Author Publisher Supervisor AdministratorManage Accounts* Supervisors - - - YesManage Accounts * Authors & Publishers - - Yes YesPurchase** - - Yes YesEdit the company profile - - Yes YesPublish stories/ videos - Yes Yes YesRepresent*** - Yes Yes YesSubmit stories/videos, as drafts only Yes Yes Yes Yes*Manage Accounts = Invite and approve new accounts, and inactivate excising accounts.**Purchase = Order and purchase Services and advertisement on behalf of the Company Client, including upgrading the Company Clients Company Membership.*** Represent = Represent the Company in any manner in relation to Ocean Hub, such as (but not limited to) commenting and managing contents on Ocean Hub.
8.3 Ocean Hub is not liable for any loss, compensation or punitive damages arising as a result of a third party falsely representing or abusing a company name, company mark, brand, person, Member an identity in any way.If you have any reason to believe that an Account is falsely representing please do not hesitate to report such an Account to Ocean Hub. When reporting such an Account, please state the reason you have for suspecting an Account to be false, as well as any documentation you might have for your claim.
9.1 Ocean Hub offers its Users the opportunity to have their contents, such as stories, blogs, videos, images, documents, texts, comments, posts and ads published on the Platform (such publishing on the Platform will henceforth be referred to as "Publications" as applicable).
9.2 In addition Ocean Hub offers Company Clients the opportunity to have their Publications distributed in a media contact database, through which the Publications may reach a wider number of readers (henceforth "Story Distribution"). Such Story Distribution is provided by a third party supplier through the Platform. The Services "Story Distribution" are subject to such fees.
9.3 After purchasing the Service Story Distribution, the Customer will receive a set of instructions explaining how the Customer may use the Services, including information related to how contents shall be sent to Ocean Hub for distribution. In the event that the Customer fails to comply with these instructions, Ocean Hub shall not be obligated to provide these Services.
9.4 Ocean Hub, its partners, and its suppliers are not liable for any loss or damages arising as a result of any misrepresentation of Publications submitted to Ocean Hub. Please refer to section 15.2 of the Agreement.
10. TERMINATION OF ACCOUNT
10.2 Ocean Hub may, if you are in any breach of this Agreement, terminate this Agreement or suspend your access to the Services at any time with or without notice. If we do cease to provide the Services on such a basis, we will give you as much notice as is reasonably practicable.
11. AGE REQUIREMENT
11.1 You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Platform and it's Services. In addition, the Services can only be used with the permission of the person paying the Purchase Price.
11.2 If you are under 18, but at least 16 years of age, you must present this Agreement to your parent or legal guardian, and he/she must agree to enter into this Agreement on your behalf if they are able to do so. Children under the age of 16 may not use the Platform or the Services. By joining as a User, Member, Company or Customer of the Platform or Services you are indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years of age, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care who is at least 16. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Platform and Services, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, you may not use any of the Platform or the Services.
12.1 The Platform, including all Content contained therein, as well as all code related to the Platform, is the property of Ocean Hub unless otherwise is specified on Platform in relation to specific Content. No Content from the Platform may be republished or reprinted without the express written approval of Ocean Hub. The Software and Services are Copyright © 2015 Ocean Hub AS. Ocean Hub is a trade mark. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Platform or the Services are the property of Ocean Hub, its partners and/or its affiliates. You may not copy, display or use any of these marks without prior written permission of the mark owner.
13. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
13.1 Ocean Hub respects the intellectual property rights of others. If you believe that your work has been reproduced on the Platform in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity; (d) address, telephone number or email address of the complaining party; (e) statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and (f) statement that the information in the notice of copyright infringement is accurate, and that the complaining party is authorised to act on behalf of the owner of the right that is allegedly infringed. All notices of copyright infringement should be sent to post.hq@Ocean Hub.com.
14. USER SUBMITTED CONTENT
14.1 As an Ocean Hub account holder, the User may from time to time submit Content to the Platform or Services, including stories, videos, images, texts, resume information, information related to job openings, information related to the Customers business, documents or any other information.
14.2 The User agrees that it will not submit to the Platform or Services any Content or other material that is contrary to national and international laws and regulations. You also agree to comply with Ocean Hub's community guidelines that further specify Content that is not accepted on the Platform. Ocean Hub reserves the right to remove Content without prior notice if these laws and/or guidelines are violated.
14.3 You further agree that the Content you submit to the Platform or Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Ocean Hub all of the license rights granted herein.
14.4 When entering into this Agreement you accept to make sure that Content you wish to submit to the Platform complies with any technical specification presented by Ocean Hub.
14.6 Ocean Hub will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Content may be removed upon receipt of infringement notice from the infringed party of third party, court order shall not be needed. Ocean Hub reserves the right to remove Content without prior notice.
14.7 By entering into this Agreement and by submitting content for use in the Platform and Services, you accept that Ocean Hub from time to time in connection with the providing of the Platform and Services, may forward such information to Ocean Hub's partners and suppliers. Such forwarding of information shall happen only when it is necessary for providing the Services.
14.8 Ocean Hub reserves the right to delete any content submitted by Accounts which no longer have an active Subscription on the Platform, including but not limited to Account information on inactive Accounts.
15.1 Ocean Hub and its partners shall have no liability whatsoever for any loss suffered as a result of such a failure of the Platform and/or the Services or a breach of security on the Platform and/or the Services, whether or not such loss or breach results from the deliberate, reckless, or negligent acts of any person. The foregoing shall apply to the fullest extent permitted under applicable law.
15.2 In the event that a User, Member or Customer submits content to the Platform, Ocean Hub and its partners or suppliers shall have no liability whatsoever for any loss suffered as a result of any misrepresentation of the content submitted, regardless of whether such a misrepresentation is the result of an error on the part of Ocean Hub, its partners or its suppliers.
15.3 Under no circumstances shall Ocean Hub or its partners be liable for any unauthorised use of any Platform or Services which results in the development, distribution, or use any material that is defamatory, slanderous, libelous or obscene, that portrays any person in a false light, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that infringes any third party’s rights or that is contrary to any foreign, federal, state or local statute or regulation.
15.4 To the greatest extent permitted under applicable law, Ocean Hub and its partners will not be liable or responsible to you for any loss of income, business or profits, loss of use of or interruption to the Platform or Services, loss of business information, nor for any consequential, incidental or special losses, damages or liabilities (or any other similar or equivalent losses, damages of liabilities) arising out of the use or inability to use the Platform or Services, even if Ocean Hub and its partners have been advised of the possibility of such losses, damages or liabilities.
16.1 Ocean Hub is committed to protecting the privacy of all Customers and Users. It is our policy to respect the privacy of private communication. We will not intentionally inspect the contents of a private communication sent or received by Customers or Users except as required or permitted by law.
16.2 It is wholly voluntary to submit information to the Ocean Hub. Should you not wish your personal data to be collected or used by Ocean Hub as described herein please do not apply to become a Customer or User of the Platform or Services. The information is gathered and processed by Ocean Hub and handled in accordance with Norwegian law, including the Norwegian Personal Data Act (the "PDA"). You are entitled to demand access to the information gathered, and to demand that the information is rectified, cf. Sections 18, 27 and 28 of the PDA. The entire Act can be read here.
16.3 By accepting this Agreement you consent to the gathering and processing of your personal information. In the instance that you submit information though forms etc. to Ocean Hub, or in the instance that you access the Platform or Service's provided by Ocean Hub which require you to submit information, the purpose of the gathering and processing of personal information shall be enable Ocean Hub to provide the Platform or Services to you as a Customer or User. In connection with providing the Services, it may from time to time be necessary for Ocean Hub to forward your submitted information to the suppliers and licensors of Ocean Hub.
16.5 Ocean Hub also collects information through "Cookies" (Norwegian: "Informasjonskapsler"). Cookies are data that a Platform sends to the computer of a user while he/she visits that Platform. These data contain information and/or enable the Platform to record further information, which will be used by the Platform for specific purposes such as allowing the user to navigate more easily and effectively.
17.1 Ocean Hub may from time to time modify the terms of this Agreement and will post a copy of the amended Agreement at Ocean Hub Platform. Please check the Platform regularly for revisions to this Agreement. In case of changes to the terms and conditions set out in this Agreement you will have to accept these changes expressly in order to continue to use the Service. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to cancel your Account. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Services after any amendments are posted.
17.2 Ocean Hub may assign its rights and obligations arising out of this Agreement to another company within its group of companies, or to the purchaser of all or substantially all of its business.
18.1 If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be illegal, invalid, unenforceable, or against public policy, such provision or portion shall be severed from this Agreement and the remainder of this Agreement shall continue in full force and effect.
19. ENGLISH VERSION PREVAILS
19.1 In the event that this Agreement is translated into other languages and there is a conflict between the language versions, the English language version shall prevail to the extent that the conflict is the result of an error or discrepancy in translation.
20. GOVERNING LAW AND JURISDICTION
20.1 The laws of Norway shall apply to the fullest extent possible. Legal venue is Oslo City Court (Oslo tingrett), to which all disputes arising from this contract is referred.
Last updated: October 19th 2015