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Terms & Conditions

Terms and Conditions

DO NOT USE SERVICES PURCHASED AT MEGAKORT.NO FOR EMERGENCY CALLS. THE SERVICES DO NOT PROVIDE THE ACCESS OR RELIABILITY REQUIRED FOR EMERGENCY CALLS OF ANY KIND. IF YOU LET ANYONE USE THE SERVICES PURCHASED AT MEGAKORT.NO, YOU MUST TELL THEM THAT THE SERVICE IS NOT FOR EMERGENCY CALLS.

MEGAKORT sells prepaid communication services from third-party providers giving you the cheap rates for making international calls. The Services may not be available at all times and may not be available in all places. Because of the nature of the Services and the method and means the Services are provided, the voice quality, the connectability and the continuity of the Service is not guaranteed. Any and all rates, fees and charges and terms of service may be changed or amended from time to time at the sole and absolute discretion of MEGAKORT and third-party providers and without any notice to you. Your rate will vary according to the rates posted on www.megakort.no at the time you use the Services. Using the service may incur additional fees from your telephone company or your mobile phone provider. MEGAKORT and the third-party providers are not responsible for any charges that may accrue onto your telephone or mobile telephone bill. All services are pre-paid and payment requires a valid credit card or PayPal® account to acquire service. Government mandated taxes and fees may apply. Governmental mandated payphone surcharges may apply. All balances after one (1) year of no use may become inactive and may incur additional charges. You may cancel at any time but no refunds will be issued. To cancel the service, you must notify MEGAKORT customer service by email to close your accounts. Certain restrictions may apply.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY LOGITEL AS. DO NOT CONTINUE ANY FURTHER IF YOU DO NOT WANT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; THEY CANNOT BE MODIFIED BY YOU IN ANY WAY. THE PAYMENT POLICY IS DESCRIBED IN THIS AGREEMENT. THERE IS NO REFUND OF YOUR PAYMENT.

This User Agreement ("Agreement") is the agreement between you as the "User" and LOGITEL AS.

The terms and conditions in this Agreement apply to your use of the Services of Provider and to your use of the website at www.megakort.no ("website").

Your right to use the services of Provider shall begin only upon (1) your accepting this Agreement; and (2) the processing and acceptance of your payment therefor.

1. Definitions

"Access to the website" or "access" means access to the User Login section of the web site in addition to the information on the website that is accessible to the general public.

"Effective Date" means the date that this Agreement shall be effective. The effective date shall be the date that you click on the "I Accept" button. All obligations of Provider are subject to and contingent upon the receipt of good and sufficient funds.

"Price Schedule" means the schedule of prices for the various Services posted from time to time on the website by Provider.

"Provider" means a third-party provider of communication services that sells the services at MEGAKORT.NO.

"Services" and "Communication Services" means all services provided by Provider, including, but not limited to, enhanced VoIP services and calling cards whether provided by Provider or a third party or an affiliate or subsidiary of Provider. Provider reserves the right to revise, modify, alter, discontinue, add or otherwise change the Services at any time without notice. Where applicable, Services means those services and products of Provider posted on the website and available at the time of your use.

"Trademark" means both trademark and service mark as applicable.

"User" means you and includes anyone using the Services.

"User Name" and "Password" mean your user name and password or Personal Identification Number (PIN) used for accessing the website and the Services.

"MEGAKORT" means LOGITEL AS, the owner of the website, and any parents, subsidiaries, affiliates, officers, members, directors, managers, employees, agents, attorneys, and/or suppliers of LOGITEL AS.

"MEGAKORT Information" means the information provided on the website and the documents emailed to you and other users and the process for delivering the Services and any intellectual property of MEGAKORT.

"Website" means www.megakort.no . The website is owned and operated by Provider.

"You" and "your" mean the User.

2. Your Representations and Warranties and Agreements

To induce Provider to provide you access to the website and to provide you services, you represent and warrant to Provider that:

(a) You are over the age of eighteen (18) years and have the power and authority to enter into and perform your obligations under this Agreement.

(b) You will comply with all the terms and conditions of this Agreement, including, without limitation, the terms incorporated by reference herein, if any. You will cooperate with Provider and will comply with any reasonable instructions given by Provider.

(c) You have provided, and will continue to provide, accurate and complete registration information and all other information requested by Provider, including, without limitation, your legal name, email address, postal address and place of residence and all information as may reasonably be requested or required from time to time by Provider.

(d) You will not permit anyone else to use your User Name or Password, provide to anyone else your User Name or Password, or permit anyone else to access the website or the service using your access except upon the conditions specified by Provider. You will be solely responsible and liable for all activities conducted through using your User Name even if such activities were to occur without your permission. You agree to keep your Password confidential and not to give it to any third party.

(e) You will not copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, license, upload, assign, retransmit, redistribute, display, post or create derivative works from any part of the MEGAKORT Information. All forms of sublicensing, reselling, republication or other forms of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of any MEGAKORT Information are strictly prohibited.

(f) You have read, understand, and agree to the Privacy Policy posted on the website, which is incorporated herein by reference, as if set forth and restated in its entirety and as may be amended, changed, or altered by Provider.

(g) You will only use the Services of Provider and the access granted under this Agreement for lawful purposes.

(h) You will comply with all applicable laws, including those regarding the export of data and all laws, rules and regulations.

(i) You understand that this Agreement is a legally binding agreement; you have had the opportunity to consult with an attorney of your choice concerning your legal rights and obligations under this Agreement; and, you enter into this Agreement freely and voluntarily with full knowledge of your legal rights and obligations under this Agreement.

(j) You agree that any correspondence to you, including e-mails, have been requested by you and Provider is authorized to send them to you.

(k) You will not resell the Services to anyone.

3. Signing Up

To sign up for the Services and get access to the website, you must provide complete and accurate registration information, including, without limitation, your legal name, postal address, and email address. When you click the "I Accept" button, you represent that you have provided that information accurately and correctly. You agree to maintain and update this information as necessary to keep it true, accurate, and complete. Provider reserves the right to terminate service to you or limit access to the website if the information is false, misleading or inaccurate.

4. Term of the Agreement

The term of this Agreement begins on the Effective Date and can be terminated at any time by either you or Provider. Although Provider may provide you notice of termination, you agree that Provider is not required to provide any notice. Any abuse by you of the terms of this Agreement shall lead to the termination of this Agreement.

Cancellation or other termination of does not terminate this Agreement with respect to your obligations under this Agreement. In any event, your obligations under this Agreement and the disclaimers and limitations of liabilities in this Agreement shall survive until the expiration of the applicable statute of limitations.

5. Price Schedule

The price you agree to pay for the Services is the price shown on the Price Schedule on the website at the time you use the Service. The Price Schedule is subject to change without notice and any such change shall be posted on the website.

You agree that by your use of the Services or purchase of any products of Provider, you accept the prices shown on the Price Schedule at the time of the use or purchase.

6. Payment

Payment for the Services, including any fees and rates, and payment of applicable taxes and fees, is due in advance and is payable and fully earned when paid by you. If a credit card is used for payment, the Payment will be charged to your credit card prior to the Services being available to you for your use. The charges will appear on the credit card statement under the name MEGAKORT or LOGITEL AS. However, Provider reserves the right to change, at any time, the name under which the charge is made. Provider may, at any time, refuse, for any reason, to accept any credit or debit card.

If you pay by credit card or debit card, you authorize Provider to submit on that credit card or debit card for payment, without additional authorization or approval by you, any other amount that you may owe Provider under this Agreement.

7. Promotional Offers

Provider may from time to time, in its sole discretion, make special promotional offers for which specific conditions shall apply. You will not be eligible for those offers unless Provider specifically notifies you that you may be eligible for the offer.

8. Refunds, Cancellation, and Termination

All payments received are non-refundable unless specifically authorized in this Agreement. If you have a credit balance in your account, that credit balance will not be available to you after one (1) year from the day after your last chargeable use of that credit and you lose any right to use or claim any refund of such balance.

You may terminate your use of the Services and your access to the website at any time. To terminate the Services, you simply cease using the Services. The amount you paid will not be refunded or prorated if you cease using the Services.

You can request a refund for unused and unexpired credit within six (6) months of the payment for the Services, by submitting a written request for such refund with the reasons supporting the request. Provider reserves the right to reject any request. Any refund, if approved will be made only as a credit back on the credit card or debit card or PayPal account used to make the payment and addressed to the person that made the payment. Refund requests carried out through other means shall not be eligible for a refund. No refunds shall be given on any account unless the Services or credit was directly acquired online from MEGAKORT. Promotional credits, vouchers or pre-paid cards are not refundable.

In the event that Provider determines that you breached this Agreement or any term or condition or provision of the website, including non-payment, Provider has the right, but not the obligation, to immediately cancel your service and to terminate your access to the website or other services or products being provided to you by MEGAKORT without a refund.

Provider's obligations to you under this Agreement, including providing any service to you, are terminated as of the cancellation of your service without further notice to you.

9. Access and Accessibility

You agree that you have received Provider's services and/or products when Provider sends or accepts the User Name and Password to the User Login section of the website.

Provider shall work hard to provide the Services and/or accessibility to the website 24 hours a day, 7 days a week. However, Provider uses or may use from time to time third-party servers and makes no guarantee whatsoever that the website shall be accessible. You agree that from time to time the service may not be available or the website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs Provider or any third-party may undertake from time to time; or (iii) causes beyond the control of Provider or which are not reasonably foreseeable by Provider.

Provider, without notice to you, change, suspend, or discontinue its Services or the website at any time, including the availability of any feature. Provider may, without notice or liability to you, also impose limits on certain features and services or restrict your access to parts of the website or to the services of Provider.

You agree that it is your responsibility to keep Provider informed of your email address changes and any developments that might prevent your address from receiving information from Provider. Provider is not responsible for non- delivery of your email due to changes in the address, service outages from your Internet service provider, outage of any telephone service or delays in any form.

10. User Name and Password

Provider will assign a User Name and Password for you to access the User Login section of the web site. You agree that you have no right to transfer or assign your User Name or Password or allow others to use your User name and Password, and that you are solely responsible for maintaining confidentiality of the User Name and Password. You agree that you have the sole responsibility for, and Provider has no responsibility or liability for, keeping your User Name and Password private and confidential. You agree that if you share your User Name or Password with anyone else or is used by anyone else, Provider may, in its sole discretion, terminate your use of the Services and access to the website. Provider reserves the right to charge you for the cost of each person to whom you provided your User Name or Password. Provider also reserves the right to seek recovery of any damages costs and expenses, including attorney's fees, by any legal means.

11. Security

You agree that you are aware that the Internet and any information sent via the Internet may be subject to hacking, malware, spyware, malicious code, worms, time bombs, viruses, and other risks (collectively, "Internet Risks”) which could damage, destroy or alter your computer and the software thereon. You agree that it is your responsibility, and not Provider's, to protect your computer and the information stored thereon from all Internet Risks. Although Provider will take reasonable steps to attempt to prevent such from occurring, you agree that Provider shall not be responsible for, and shall have no liability for, any damage to you or your computer or your information as the result of Internet Risks or any other cause or effect resulting from your use of the Internet.

This website may contain links to websites operated by other businesses. Provider does not control these other sites and is not responsible for their content. Use of the third party's link or website or products or services is subject to the third party's own agreements and privacy policy. Provider does not necessarily endorse the linked sites or have any association with the operators of those sites. Provider is not liable for any direct or indirect technical or system issues or consequences or Internet Risks arising out of your access to or use of third party technologies or programs available through this website. You agree that Provider shall have no responsibility or obligation whatsoever in connection with the use of such products or services.

You agree not to transmit any Internet Risks to Provider and to notify Provider promptly if your computer is harmed by Internet Risks that you know or reasonably suspect resulted from communication related to Provider.

You agree not to, nor allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify this web site or any content herein. You agree not to, nor allow others to, directly, or indirectly, collect or attempt to collect any information about others including e-mail addresses, names, and other information.

12. Privacy

Provider respects the privacy of its readers and shall not disclose, distribute, or rent its list of users to any third party, nor shall it permit anyone else to do so except as provided in the Privacy Policy.

If the Privacy Policy is changed, Provider will not share any of your personal information collected under the prior policy unless permitted by the prior policy or unless you provide express consent to share that information. No future material changes to Provider's Privacy Policy shall be applied retroactively without your consent.

You acknowledge that you have received, read and understand the Privacy Policy of Provider. You agree that Provider has:

(a) Identified categories of personally identifiable information collected about you;

(b) Disclosed the categories of third-party persons or entities with whom the personally identifiable information may be shared;

(c) Disclosed and explained any existing process that allows you to review and request changes to the personally identifiable information that has been collected about you;

(d) Described the process used to notify you of any material changes that are made to the Privacy Policy for use of the website or online service; and

(e) Identified the Privacy Policy's effective date.

13. Liability and Indemnification

The quality, accuracy, completeness, timeliness, uninterrupted delivery, or usefulness of any information provided by MEGAKORT is not guaranteed. Provider can not guarantee that its Services will always function; there will be disruptions, delay or other imperfections in the Service. Such disruptions can be the result of many things, including, the failure of third parties and their services and equipment used to provide the Services, power outages, and Internet service disruption. From time to time, for a number of reasons, including those within and without the control of Provider, the Services may be restricted, limited, suspended, interfered with and/or interrupted.

Provider does not control, or have any knowledge of the content of any communication(s), including yours. You and the person with whom you are communicating are solely responsible for the content of the communication.

YOUR USE OF THE COMMUNICATION SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND GROSS NEGLIGENCE, SHALL MEGAKORT BE LIABLE FOR ANY CLAIMS, CAUSES OF ACTION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, INCLUDING LOSS OF PROFITS OR LOSS OF DATA OR INFORMATION OR BUSINESS INTERRUPTION OR LOSS OF PRIVACY, THAT RESULT IN ANY WAY FROM (A) THE USE, RELIANCE, OR DOWNLOADING OF, OR (B) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OR OMISSIONS IN, OR (C) THE INABILITY TO USE THE COMMUNICATION SERVICES OR ANY MATERIALS SUPPLIED BY MEGAKORT, OR (D) THE USE OF PROVIDER'S SERVICES AND PRODUCTS FOR EMERGENCY CALLS TO ANY TYPE OF HOSPITALS, LAW ENFORCEMENT AGENCIES, MEDICAL CARE UNIT OR ANY TYPE OF EMERGENCY SERVICES OF ANY KIND. YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION. THE LIMITATIONS HEREIN APPLY EVEN IF MEGAKORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You specifically acknowledge and agree that MEGAKORT is not liable for any conduct of any third party user or provider.

You agree to indemnify and hold harmless MEGAKORT from and against any and all claims, causes of action, liabilities, expenses (including attorneys' fees) and damages arising out of claims related to or arising out of or connected with or resulting from (1) your use or misuse of any products or services of MEGAKORT or information obtained from MEGAKORT or materials uploaded or downloaded or transmitted by MEGAKORT; and/or (2) any claims alleging facts that if true would constitute a breach by you of any of these terms and conditions or the terms and conditions referenced herein or on the website; and/or (3) claims made by any third party due to or arising out of your access to the website, your use of the services or use of your User Name or Password; (4) the infringement by you, or any third party using your User Name and/or Password, of any intellectual property or other right of any person or entity; and/or (5) your use of, and/or your failure to inform anyone using your account, the services and products of Provider for emergency calls of any type or nature.

You agree that your sole and exclusive remedy against MEGAKORT is to discontinue using the communication services and accessing the website. Under no circumstances will MEGAKORT be liable to any user or web site visitor for any damage. In the event that this provision is not enforceable, MEGAKORT's liability shall be limited to the actual amount received by Provider for the specific service for which you claim you are entitled to damages.

If the applicable law of your jurisdiction does not allow some of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable law.

14. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE COMMUNICATION SERVICES AND INFORMATION, INCLUDING ANY THIRD-PARTY INFORMATION, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OF THE INFORMATION OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE COMMUNICATION SERVICES OR INFORMATION , OR FROM ACCESSING AND USING THE MEGAKORT WEBSITE AND YOU AGREE THAT MEGAKORT SHALL NOT BE RESPONSIBLE THEREFOR. YOU UNDERSTAND THAT THE SERVICES AND PRICES AND FEES OF PROVIDER ARE SUBJECT TO CHANGE WITHOUT NOTICE.

ALL MATERIALS AND SERVICES FROM A THIRD PARTY THAT ARE PROVIDED BY ANY THIRD PARTY, OR THIRD-PARTY SITES TO WHICH IT LINKS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

PROVIDER DOES NOT WARRANT THAT THE COMMUNICATION SERVICES OR PRODUCTS OR INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY E-MAIL FROM MEGAKORT, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT PROVIDER MAY AT ANY TIME MAKE IMPROVEMENTS, MODIFICATIONS, AND/OR CHANGES TO THE COMMUNICATION SERVICES INCLUDING THE WEBSITE AND INCLUDING CHANGES TO THESE TERMS AND CONDITIONS AS PROVIDED FOR IN THIS AGREEMENT.

THIS DISCLAIMER BY PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL REPRESENTATIONS TO THE FULLEST EXTENT ALLOWED BY LAW. IF ANY PORTION OF THESE DISCLAIMERS IS NOT APPLICABLE TO YOU AS A RESULT OF THE APPLICATION OF YOUR STATE LAW TO THIS AGREEMENT OR THESE DISCLAIMERS, YOU AGREE THAT THE DISCLAIMERS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY YOUR STATE LAW AND SHALL BE MODIFIED TO PROVIDE THE MAXIMUM DISCLAIMER POSSIBLE UNDER SUCH LAW.

THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT. MEGAKORT SHALL NOT HAVE ANY LIABILITY WHATSOEVER NEITHER FOR ANY COVER OR SETOFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY TO YOU, IF ANY, OF MEGAKORT, SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED FROM YOU.

15. Third-Party Content

Provider may use material and content obtained from or supplied by third-parties. The website may contain links and pointers to Internet sites maintained by third parties. Provider does not operate or control any information, products or services on such third-party sites. Third-party links are included solely for your convenience, and do not constitute any endorsement by Provider. You assume sole responsibility for use of third-party links and pointers. Disclaimers set forth herein are equally applicable to such third- party sites. You are responsible for reading and complying with the terms of use, privacy statement, and disclaimer for any linked site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Provider.

Nothing in this Agreement shall constitute or imply a sale or transfer or conveyance or license of any rights of any third party.

16. Intellectual Property

The process, method and means used by MEGAKORT are the intellectual property of Provider. All content of the information of MEGAKORT is copyrighted by MEGAKORT or third-party content providers and are protected by Norway and international copyright law including protection as a collective work and/or compilation. MEGAKORT shall at all times be and remain the sole and exclusive owner of the MEGAKORT intellectual property (except for third-party intellectual property and links) therein. MEGAKORT is the sole and exclusive owner of all the rights, titles, and interests in MEGAKORT's trademarks, copyright, trade names and other intellectual property rights. All materials displayed or provided to you by MEGAKORT (including, but not limited to text, graphics, logos, articles, photographs, images, illustrations, audio clips and video clips, all or any of which are referred to herein as ‘Content') are protected by copyright, and owned or controlled by MEGAKORT or third parties. All rights reserved. MEGAKORT, and other names of MEGAKORT products and services referenced herein are trademarks of LOGITEL AS. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any MEGAKORT trade name or mark or service name or mark that is similar or confusingly similar to the MEGAKORT trademarks. All other trademarks, brands, and names are the property of their respective owners.

The third-party trademarks or service marks appearing on this web site are the property of their respective owners.

You agree that you will abide by all copyright notices, information, and restrictions contained in any Content you receive or access. You agree that you will not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, translate, reverse engineer, decompile, disassemble, license, sublicense, upload, assign, retransmit, redistribute or post any part of the communication services and/or information or in any way exploit, any of the Content, in whole or in part. You may download or copy the Content, and other items displayed on, or distributed by Provider for download, for personal use only, provided that you do not violate the copyright notices of third parties and provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. All forms of sub-licensing, reselling, republication or other forms of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of any information of MEGAKORT are strictly prohibited.

You may use MEGAKORT information for your own personal, non-commercial use. Any other use is strictly prohibited unless prior written permission has been obtained from Provider. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from MEGAKORT or from the copyright holder thereof. The right to use any Content is not transferable to any other person or entity. You agree that you will not take any information out of context or in an unfair, misleading or discriminatory manner.

You agree that you are fully and solely responsible for all use under your User Name and/or your Password) and for ensuring that all use through you complies fully with the provisions of this Agreement.

You agree that you will make no claim on or use any of the intellectual property of MEGAKORT or any third party.

17. Modification and Amendment

Provider shall have the right, at its sole discretion, to change, modify, add, or remove terms of this Agreement at any time without notice. Except as provided for herein, changes shall be effective immediately. No changes will be applied retroactively. You agree to review periodically this Agreement and the other notices including the Disclosure, and Privacy Policy documents of MEGAKORT as posted on the website since subsequent use by you of this site shall constitute your acceptance of any changes, and any changes not otherwise effective immediately will be effective on the Renewal Date. Provider shall have the right at any time to change or discontinue any aspect of the website, including, but not limited to, content, hours of availability and access. Such changes, modifications, additions, or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications, or deletions.

Notwithstanding any other language in this Agreement to the contrary, you agree that MEGAKORT may, without notice to you, change its Privacy Policy and Disclosure and those changes will be incorporated into this Agreement. If the Privacy Policy in effect on the Effective Date is more restrictive than the amended or revised Privacy Policy, the more restrictive provisions shall remain in effect as to you until the end of the term in which the changes were made. The revised or amended policy shall become effective for you on the Renewal Date.

18. Arbitration Agreement

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by an arbitration organization of LOGITEL AS's choosing and judgment on the award rendered by the arbitrator may be entered in any court in Norway having jurisdiction thereof. The place of arbitration shall be Bergen, Norway. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, provided, however, where this Agreement provides for the recovery of attorney's fees, the arbitrator shall award such attorney's fees. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

MEGAKORT shall have the right to pursue relief, including self-help and injunctive relief, without participating in arbitration, in claims involving the unauthorized use or disclosure or violations of the confidentiality of the information or intellectual property of MEGAKORT.

19. Miscellaneous

(a) Except where otherwise required by law, this Agreement shall be governed by the laws of Norway without reference to conflicts of laws. Conflict of laws provisions shall be construed as to make the laws Norway as the venue of any dispute. Any action to enforce this agreement shall be brought in the courts located in Norway.

(b) The failure or delay in exercising or enforcing any right or remedy hereunder by Provider shall not constitute a waiver of any right or remedy, or future exercise thereof.

(c) If any provision of this Agreement is determined to be unlawful, invalid or unenforceable under any applicable statute or rule of law, it is, to the extent of such provision, to be deemed omitted and shall not affect the validity and enforceability of the remaining provisions and the balance of the Agreement shall remain enforceable.

(d) Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement.

(e) The respective rights and obligations of the parties under the Disclaimer, Indemnity, Intellectual Property, and Arbitration provisions, and other specific survival provisions of this Agreement shall survive the termination or expiration of this Agreement.

(f) The parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

(g) Provider reserves the right to make any and all changes to the communication services and information at its sole discretion without notice to the User. Provider reserves the right to deny access to the communication services to anyone at any time.

(h) This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the MEGAKORT information; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

(i) Neither party shall be in default or otherwise liable for any delay in or failure of performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including Acts of God, acts of an enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in communication or transportation, or any act or failure to act by the other party provided, however, lack of funds and/or nonpayment by a party shall be deemed to be beyond that party's control.

(j) This Agreement is void where prohibited by law, and the right to access is considered revoked in such jurisdictions.

(k) The language of this Agreement is English. If this Agreement is translated into any other language, the original English shall control.

(l) This Agreement may be assigned, in whole or in part, by Provider. You cannot assign this Agreement or any of your rights under this Agreement.

COMMUNICATION SERVICES ARE OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THE AGREEMENT WITHOUT MODIFICATION, ALTERATION, OR AMENDMENT BY YOU. ACCEPTANCE OF THIS AGREEMENT BY PROVIDER AND ACCESS TO THE COMMUNICATION SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE PROVISIONS, TERMS, AND CONDITIONS OF THIS AGREEMENT. USE OF THE COMMUNICATION SERVICES INCLUDING THE WEBSITE, THE CONTENT OF THE WEBSITE, AND/OR CLICKING ON "SIGN UP" BUTTON ADJACENT TO THE STATEMENT 'BY CLICKING ON "SIGN UP" BUTTON, YOU AGREE YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE MEGAKORT TERMS OF USE' CONSTITUTES ACCEPTANCE BY YOU OF THIS AGREEMENT. ANY AGREEMENT BETWEEN PROVIDER AND YOU IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.

© Copyright by LOGITEL AS, 2013

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