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Terms and Conditions

Thank you for choosing to use our website tool. We have created these business terms and conditions to protect both you and us. In this way, we can operate Bricksite in the best possible way for the benefit of both you and your visitors. Our website tool is designed to allow anyone to create a beautiful website that can enhance their business or personal ideas, without having to be a nerd or designer. We prioritize ensuring that whether it's a private blog or a larger company website, you have a positive experience both during the construction and throughout the life of the website.

We provide many features and options that make it easy to create and publish fantastic websites with galleries, newsletters, webshops, music, media players, presentations, and more.

You can only visit and/or use Bricksite if you fully accept our terms and conditions. By creating a website/user at Bricksite, you acknowledge and confirm your consent to these business terms and conditions.

It is important to read and understand the business terms and conditions. If you cannot accept the terms below, you must leave the website and terminate your services with Bricksite.

Registration

When creating a user profile, the User must enter an email address that will be used as contact information and username. The user can subsequently enter additional contact information in their user profile, including name and address. If the user has purchased services, contact information such as name, address, and possibly CVR number are mandatory information.

It is the user's responsibility to continually update their contact information, including their email address, so that Bricksite can always contact them.

Failure to update the user's contact information is considered a significant breach of the agreement, cf. section 11.2.

The user agrees to receive general information and legally binding messages from Bricksite via the provided email address. The user agrees to receive information, news, and offers at the email addresses registered in the system. The email addresses in the system are binding contact information in connection with the termination of the user until they are changed to another email address by the user, after which the new email addresses are binding contact information in connection with the termination.

Service and Service Level

Description of the Service

Bricksite hosts the User's website and provides a basic package consisting of pages and storage space, as well as a range of standard modules for creating a website.

The user may choose to upgrade and purchase a domain and email, which entails subscription payments, see also section 9.

Bricksite is entitled to insert information about Bricksite, including name, logo, and link on websites without a subscription, including any sub-pages. Such information may not be removed or attempted to be removed by the User.

Bricksite reserves the right to have an extended response time on support for users without a subscription. Similarly, the possibility of personal contact and chat can be removed.

Delivery

Bricksite provides the agreed-upon services to the User when the order and/or payment has been registered with Bricksite.

Uptime

Bricksite strives for the System and the User's website to have an uptime of 100%, but assumes no responsibility for this towards the User.

Backup

The responsibility for backing up the User's data, including uploaded material, rests with the User, and Bricksite is in no way responsible for the User's loss of data. Therefore, it is recommended that the User backs up all data such as images and files.

Bricksite performs daily backups of the System.

Rights

By creating a login and approving the Agreement, the User obtains a limited and non-exclusive right to use the online services and modules chosen by the User.

The User may only use the online services and modules covered by the Agreement, as these are offered online by Bricksite. The User has no rights to services and modules in object or code form. The User does not gain any rights to material to which a third party has rights, which may be included in Bricksite's modules, except for the usage right explicitly stated in this Agreement.

Bricksite has all rights, including property rights and intellectual property rights, to the System.

User's Right of Withdrawal

The User accepts that the delivery of the service begins immediately after the creation and/or payment of the ordered service, and that the User cannot subsequently withdraw or cancel the product, cf. Section 18, paragraph 2 of the Consumer Agreement Act.

If the User is a business, no right of withdrawal is granted.

Maintenance

Bricksite will continually maintain the System by correcting errors to ensure the widest possible continuous operation.

During maintenance, the System and/or the User's website may be completely or partially inaccessible to the User. Bricksite has no responsibility towards the User in such cases.

Errors and Deficiencies

System Errors

System errors refer to errors that do not result from the User's use of the System.

System error reporting can be done on Bricksite's support page, Facebook page, or support@bricksite.com.

Bricksite endeavors to initiate correction of system errors as quickly as possible. Bricksite has an obligation to remedy system errors within a reasonable time frame. The reasonable time frame will always be at least 20 working days.

User Errors

User errors refer to errors that result from the User's use of the System or are due to the User's lack of knowledge of available documentation and guidance.

Documentation and guidance for the use of the System can be found on Bricksite's support page at https://support.bricksite.com. Bricksite is not obliged to provide additional guidance beyond what is available on Bricksite's website or support page.

Bricksite provides support functions where the User can ask questions to Bricksite. Support only includes guidance and specific advice on the use of the System, and the User should particularly note that the following are not covered by Bricksite's support:

Errors and problems caused by equipment and telecommunication or third-party software, and which cannot be attributed to the System

Questions regarding the User's or third party's equipment and/or software

Questions that do not relate to the use of the System or otherwise relate to Bricksite's services.

Bricksite does not assume responsibility for remedying user errors, or for the User receiving a response to support requests within a specific timeframe.

Bricksite reserves the right to invoice the time spent by Bricksite on responding to requests related to user errors or requests not covered by Bricksite's support. Bricksite is only entitled to invoice if Bricksite has notified the User before starting error correction.

Legality, etc.

The user alone has the right to use the System for purposes and with material that are not in violation of the Agreement or any other laws.

The user guarantees at all times to have all rights to all content on the website, including but not limited to patterns, images, videos, animations, fonts, illustrations, logos, artworks, compositions, text, interfaces, literary works, and all other materials ("content").

The user guarantees not to publicly make sensitive personal data available on the website.

Bricksite assumes no responsibility for the legality of the content on the user's website.

The user guarantees that they have obtained the necessary consents, licenses, and authority, including consent under the Marketing Act, if there is a sending of newsletters or similar marketing from the user's website.

It is not permitted under the Agreement to upload pornographic material or similar material that is generally offensive, including material that incites violence or other harmful behavior. It is also not permitted to link to such material from the user's website.

The user further declares and warrants that the user content is (and will continue to be) current, accurate, true, non-infringing of any third-party rights, and in no way unlawful for you to possess, transmit, send, or display in the relevant country where you or your website visitors and/or users ("End Users") reside.

The user agrees and undertakes not to insert, submit, transmit, or display any content in a context that could be considered defamatory, obscene, libelous, harassing, inflammatory, threatening, offensive, fraudulent, abusive, racist or misleading to promote criminal or harmful behavior. It must not infringe on the rights of Bricksite or any third party (including any property rights, contractual or trusted rights, privacy, and the like). Nor may it in any way put persons, entities, or trademarks in a bad or derogatory light without their prior express permission.

If Bricksite is faced with claims, including claims for compensation, from a third party as a result of the content on the user's website, the user is obliged to indemnify Bricksite for any claim and cost in this regard, including litigation and attorney's fees. This applies even if the claim from a third party later proves to be unfounded. Bricksite may suspend or close a website in accordance with Sections 11.2 and 11.3.

Transfer

User's transfer of user rights

Unless the user has agreed otherwise in writing with Bricksite, the user is not entitled to transfer its right to use to third parties, whether by sale, lease, loan, or otherwise.

Commercial resale of Bricksite's services requires a separate agreement with Bricksite.

Bricksite is entitled on websites without a subscription, including any subpage, to insert information about Bricksite, including name, logo, and link. Such information may not be removed or attempted to be removed by the user.

Bricksite's transfer

Bricksite may transfer any right and obligation to a third party at Bricksite's discretion and is always entitled to use subcontractors of Bricksite's choice.

Prices and Payment Terms

Payment

The user pays in advance for purchased services upon ordering them. Subscriptions run for a period of up to three years, after which they automatically renew for a new period unless the Agreement has been terminated before then, see section 11.

Currency is indicated on Bricksite's website.

Unless otherwise stated, prices for Danish users include customs and other taxes, including VAT.

The user pays the price applicable at the time of the user's order for the relevant service or for the extension of the subscription period.

To ensure that you do not experience any interruption or loss of

Legality etc.

The user has sole right to use the System for purposes and with material that do not violate the Agreement or the legislation.

The user warrants at all times to have all rights to all content on the website. This includes patterns, images, videos, animations, fonts, illustrations, logos, artworks, compositions, text, interfaces, literary works, and any other material (content).

The user warrants not to have publicly available sensitive personal data on the website.

Bricksite assumes no responsibility for the legality of the content on the user's website.

The user warrants that they have obtained the necessary consents, rights, licenses, and authority, including consent under the Marketing Act, if there is a dispatch of newsletters or similar marketing from the user's website.

It is not allowed under the Agreement to upload pornographic material and the like, or material that is generally offensive, including material that encourages violence or other harmful behavior. Nor is it allowed to link to such material from the user's website.

The user also declares and warrants that the user-generated content is (and will remain) current, accurate, true, non-infringing of any third-party rights, and in no way unlawful for you to possess, transmit, send, or display in the country where you or your website visitors and/or users ("End Users") reside.

The user agrees and undertakes not to insert, submit, transfer or display any content in a context that can be considered defamatory, obscene, libelous, harassing, inciting, threatening, offensive, fraudulent, abusive, racist, or misleading to promote criminal or harmful behavior

Termination (continued)

Bricksite reserves the right to delete inactive websites and all content 3 months after a subscription has expired. It is important to note that Bricksite is not responsible for any data loss resulting from the deletion of an inactive website.

Upon termination of the Agreement for any reason, all rights granted to the User will immediately cease and the User must immediately cease using the System and all Bricksite Services.

Limitation of Liability

To the maximum extent permitted by applicable law, Bricksite shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:

The use or inability to use the System or any Bricksite Services;

The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the System or any Bricksite Services;

Unauthorized access to or alteration of the User's transmissions or data;

Statements or conduct of any third party on the System or any Bricksite Services; or

Any other matter relating to the System or any Bricksite Services.

The limitations of liability set forth in this section shall apply even if Bricksite has been advised of the possibility of such damages.

Indemnification

The User agrees to indemnify and hold harmless Bricksite, its affiliates, officers, agents, and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

The User's use of the System or any Bricksite Services;

The User's violation of the Agreement;

The User's violation of any rights of another party, including any intellectual property rights; or

Any claim that the User's content caused damage to a third party.

Dispute Resolution

Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity, or termination, shall be resolved by the courts of Denmark.

Governing Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with the laws of Denmark, without giving effect to its conflict of law provisions. The courts of Denmark shall have exclusive jurisdiction to settle any dispute arising out of or in connection with the Agreement.

Entire Agreement

The Agreement constitutes the entire agreement between the User and Bricksite and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter of the Agreement.

Waiver and Severability

The failure of Bricksite to enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

Assignment

The User may not assign or transfer the Agreement or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Bricksite. Any attempted assignment or transfer in violation of this section will be null and void. Bricksite may assign or transfer the Agreement or any rights or obligations hereunder without the User's prior written consent.

Notices

Bricksite may provide the User with notices, including those regarding changes to the Agreement, by email or through the System.

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