Last Updated: 14th September, 2011
These Terms of Service ("Terms") govern your access to and use of the services and YourCopenhagen’s websites (the "Services" or the "Site"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
YourCopenhagen ("YourCph") reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. YourCph may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. A revised Terms of Service will be effective as of the date it is posted on the Site.
Registration and Eligibility
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with YourCph and represent, warrant and covenant that you provide YourCph with accurate, truthful, and complete registration information (including, but not limited to your name ("Full Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your YourCph account.
You shall not:
- provide any false personal information to YourCph (including a false Full Name) or create any account for anyone other than yourself without such person's permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or YourCph account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
YourCph reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your YourCph password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. YourCph cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.You shall never use another user's account without such other user's prior express permission. You will immediately notify YourCph in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service. YourCph is concerned about the safety and privacy of all its Users, especially children. Therefore, children under the age of 16 are not permitted to use YourCopenhagen.dk/YourCPH.dk. YourCph may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
Content
You agree to not use the Service to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
YourCph reserves the right to remove any content for any reason whatsoever. Specifically, any content uploaded that is pornographic or offensive in nature (including nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the uploader, is illegal or violates any laws. Such content will be immediately deleted and the IP address of the uploaded reported to authorities. Violating these terms may result in termination of your ability to upload further content. We reserve the right to ban any individual uploader or website domain from using our services for any reason.
YourCph cannot be held liable for any damages. All data, location information, photographs, videos, messages, graphics, comments, information, text, tags, or other materials generated, provided, or otherwise made accessible by YourCph on or through the Service ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not YourCph, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through YourCph. YourCph does not control the Content posted and does not guarantee the accuracy or integrity of such Content.
YourCph shall not be liable for any statements or conduct of any third party using the Service. By using YourCph you may be exposed to Content that is indecent, objectionable or offensive.
YourCph will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. YourCph will not be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on YourCph. YourCph assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User content, communication or personal settings.
You agree to indemnify and hold YourCph, its officers, employees, affiliates, contractors, and suppliers, exempt from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through YourCph.
Third Party Sites and Services.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under YourCph's control, and you acknowledge that YourCph is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by YourCph or any association with its operators. You further acknowledge and agree that YourCph shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Choice of Law and Forum
The Terms of Service and the relationship between you and YourCph shall be governed by the laws of the State of Copenhagen, Denmark, without regard to or application of its conflict of law provisions or your state or county of residence. Except to the extent otherwise determined by YourCph, any action or proceeding arising from or relating to use of the Service must be brought in a federal court in Copenhagen, Denmark, and You and YourCph each irrevocably submits to the jurisdiction and venue of any such courts and waive any objection as to inconvenient forum in any such action or proceeding.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Improper Use of Data
Data mining, "scraping", and/or unauthorized crawling of YourCph by any means is prohibited unless explicit permission is given. Using any data from YourCph (including images, data from images and/or users) that is not available through authorized channels is also prohibited unless explicit permission is given. Storing, saving and/or retaining images of any size is also prohibited.
You agree not to access Content through any technology or means other than the photo pages of the Service itself, the Embeddable Thumbnails, or other explicitly authorized means YourCph may designate.
Copyright
All content uploaded to YourCph is copyright the respective owners. It is not acceptable to copy or save another user's content from YourCph and upload to other sites for redistribution and dissemination. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from YourCph, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
You retain all ownership rights to Content you upload, submit, post or display on or through the Service. By uploading, submitting, posting or displaying Content on or through the Services, you hereby grant YourCph a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service provided that any sub-license by YourCph to use, reproduce or distribute the Content prior to such termination may be perpetual and irrevocable. For clarity, the foregoing license grant to YourCph does not affect your ownership or license rights of your Content, including the right to grant additional licenses of your Content.
You understand and agree, however, that YourCph may retain, but not display, distribute, or perform, server copies of your media that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. Deleted images are only accessed in the event of a legal issue.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may provide our Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YourCph's designated Copyright Agent to receive notifications of claimed infringement is:
YourCopenhagen
Att: Copyright Agent
Dyrkøb 3, st. th.
1166 Copenhagen K, Denmark
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to our Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Copenhagen, Denmark, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, YourCph may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at YourCph's sole discretion.
C. Repeat Infringers. YourCph will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.
Terms of Competitions
No purchase is necessary to enter Competitions.
Eligibility
You are eligible to enter a competition if you:
- are an Danish citizen or a legal resident of Denmark at all times during the competition.
- are 18 years old or older on the open date of the competition.
- are not an employee, agent, affiliate, officer or director of YourCopenhagen, or of any advertiser, promotion agency, fulfilment agency or agent of YourCopenhagen, nor a family member of any of these.
- are human - any use of electronic devices to enhance or alter your odds of winning will count as a false or deceptive entry.
- are an active (i.e. currently registered) member of the YourCopenhagen website at all time during the competition.
- are entering a competition on or after the open date and on or before the close date of that competition.
- have not won a prize in any YourCopenhagen competition in the 90 days prior to the start of the competition you are participating.
- have entered correct information in the competition signup and under your settings. Participants with incorrect information will not be allowed to participate and win the competitions.
Details of the winner will be displayed on the YourCopenhagen website.
If the prize model is no longer available at the time when the prize is awarded, or for any other reason on in any other circumstance, we may, at our discretion, substitute the cash equivalent or a model of equal or greater value.
The winner will be selected at random on competition end date and notified by email within 4 business days.
The winner must claim his/her prize within 14 days of being notified. Failure to do so will result in the prize being forfeited.
If you are disqualified, YourCopenhagen is under no obligation to publish this fact on this site or anywhere else.
Further eligibility conditions may be featured in individual competition terms and conditions.
Prizes
Details of individual prize values can be found in individual competition terms and conditions. YourCopenhagen reserves the right to substitute any prize with a prize of equal or greater value or a cash alternative at any time and for any reason, e.g. if the advertised prize is no longer available. YourCopenhagen cannot guarantee the prize shown will be the same as the prize awarded. All images of prizes are shown for illustrative purposes only.
The prizewinner for each competition will be chosen randomly from all valid entries received. Each Prize will be delivered to the home address of the prizewinner. Please allow twenty-eight (28) days for delivery unless otherwise stated in the relevant individual competition terms and conditions. Return of any prize or prize notification as "undeliverable" will result in disqualification and an alternate winner may be selected.
How to win
Competition winners will be randomly chosen by a representative of YourCopenhagen (the "Judge") on or around the stated closing date from all eligible entries received.
All entries must be submitted in the name of an individual person and the prize can only be awarded to the person whose name is on the winning entry.
The decisions of YourCopenhagen will be final and binding in all matters regarding any competition and no correspondence will be entered into. Each winner's full name and county will be included on the 'Winners' page of the YourCopenhagen website and other websites on which the relevant competitions were featured. Winners may be required to supply a photograph for publication and/or take part in further reasonable promotional activities.
If you are a winner, you may be required to sign an affidavit of eligibility, liability releases and, except where prohibited by law, publicity releases and return these within five (5) days.
In the event that:
such affidavit and releases are not signed;
any prize or prize notification is returned as undeliverable; or
the winner otherwise declines or fails to properly claim his or her prize within five (5) days of notification, that winner will be disqualified and an alternate winner may be selected by random drawing at YourCopenhagen sole discretion.