Terms

Pundit Terms of Service

«Pundit» is provided by Pundit AS (hereby “Pundit”) which is a Norwegian company based in Asker, Norway. These Terms of Service (hereby “Terms”) govern your access to and use of our services, including our API’s, email notifications, applications, buttons, widgets, ads, commerce services, hosting services and broadcasting services.

These Terms (collectively, the “Services”), and any information, text or other materials or arrangements of materials uploaded, downloaded, shared or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these terms.

1.       Who May Use the Services
You may only use the Services if you agree to form a binding contract with Pundit and are not a person barred from receiving services under law of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behal of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so.

2.       Privacy
Our Privacy Policy (www.beapundit.com/privacy) describes how we handle the information you provide to use when you use our services. You understand and accept that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Norway and/or other countries for storage, processing and use by Pundit and its affiliates.

3.       Content on the Services
You are responsible for your use of the Services and for any Content you provide, including the compliance with applicable laws, rules and regulations. You should only provide content and post commentary that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Services or onbtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfullness, accuracy or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services you may be exposed to Content that you might find offensive, harmful, inaccurate, untrue or otherwise inappropiate, or in some cases, posts that have beeen mislabeled or otherwise deceptive. All Content is the sole responsibility of the person who created and/or originated such Content. We may not monitor or control the Content posted via the Services and Pundit cannot take responsibilty for such Content.

4.       Intellectual property rights
Pundit respects the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us as described in our Copyright Police listed on our website (www.beapundit.com/copyright). If you believe that your content has been copied or is being misused in a way that constitutes copyright infringement please report this by sending an email to us at hello@beapundit.com

5.       Your rights to Content
You retain your rights to any Content that you submit, post or display on or through the Services. We at Pundit believe you own your own content. By submitting and/or posting Content on or through the Service you grant Pundit a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, broadcast, publish, transit display and distribute such content in any and all media, broadcasting tools or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Pundit to provide, promote, and improve the Services, and to make Content submitted to or through the Services available to other companies, organizations, partners or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
Pundit has an evolving set of rules for how partners can interact with your Content on the Services. These rules exist to enable tan open ecosystem with your rihts in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcated by us and our partners and/or make changes to your Content in order to adapt the Content to different media or other outlets. You represent and warrant that you have all the rights, power and authority necessary to grant the rights gratnted herein to any Content that you submit.

6.       Using the Services
By using Pundit you accept the Pundit Rules (www.beapundit.com/rules) which are part of the User Agreement and outline what is prohibeted and acceptable conduct on the Service. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services constantly evolve, as such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to any other user. We also retain the right to create limits on use of our services at our sole discration at any given time. We may also remove, partly or completely,  or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for Pundit granting you access to and use our Services you agree that Pundit, its Partners or any of its third-party providers may place advertising on the Services or in the connection with with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the areas of the Services, Pundit’s computer systems, or the technical delivery systems of Pundit’s providers; (ii) probe, scan or test the vulnerability of any system or network or breach to circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our crrently available, published interfaces that are provided by Pundit (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Pundit; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting or in any way use Pundit’s services to send altered, deceptive, harmful or false source-identifying information; or (v) interfere with or disrupt (or attempt to do so in any way), the access of any user, host, broadcasting tool or network including, but not limited to, sending a virus or malware, overloading, flooding, spamming, mail-bombing the Services or by scriptiong the creation of Content in such a manner as to interfere with or create an intolerable burden on the Services. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (ii) enforce the Terms, including investgation of potential violations hereof, (iii) detect, prevent or otherwise address fraud, security, unlawful activity or technical issues, (iv) respond to user support requests or (v) protect the rights, property or safety of Pundit, its users, its partners and the public. Pundit does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
For Dveloping purposes please contact Pundit at hello@beapundit.com for technical inquiries.

7.       Using Your Account
You will have to create an account to use Pundit’s services. You are responsible for safeguarding your account and we highly encourage you to use a strong password and limit its use to this account for your own safety. Pundit cannot and will not be liable for any loss or damage arising from your failure to comply with the above and proper safety measures.
You can control the majority of communications from your settings in Pundit, however we may need to provide you with certain communications such as Service announcements and administrative messages. These communications are considered part of the Services and your account and you may not be able to chose to not receive them.

8.       Your license and permission to use the Service
Pundit provides you with a personal, worldwide, royalty-free, non-assingable and non-exclusive license to use the software and platform provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Pundit in the manner permitted by these Terms.

9.       These Services are protected by Pundit’s copyright, trademark and other laws of Norway and other foreign countries. Nothing in the Terms gives you a right to use the Pundit name or any of the Pundit trademarks, logos, domain names and other distinctive brand and product features. All right, title and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Pundit. Any feedback, comments or suggestions youmay provide regarding Pundit and its Services is entirly voluntary and we, Pundit, will be free to use such feedback, comments, ideas or suggestions as we see fit and without any obligation to you.

10.   Ending the Terms
You may end your legal agreement with Pundit at any time by deactivating your account and discontinuing your use of the Services. See Pundit’s Privacy Policy for more information on what happens to your information.

11.   Rules and Termination
Pundit may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Pundit Rules, (ii) you create risk or possible legal exposure for Pundit; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable.  We will make reasonable efforts to notify you by email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases the Terms shall terminate, including, without limitation to, your license to use the Services in every way.

12.   Disclaimers and Limitations of Liability
The Services are Availabel to market “AS-IS”. Your access to and use of the Services or any Content are at your own risk. You understand that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Pundit Entities” refers to Pundit, its partents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, clients and licensors. Wihtout limiting the foregoing, to the maximum extent permitted under applicable law. THE PUNDIT ENTITIES DISCLAIM ALL WARRENTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Pundit entities make no warranty or representation and disclaim all responsibility and liability for; (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (b) any harm to your computer system or device, loss of data or other harm that results from your access to or use of the Services or any Content; (c) the deletion of, or the failure to store or to transmit any content and other communications maintaned by the Services; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Pundit Entities or through the Services, will create any waranty or representation ont expressly made herein.

13.   Limitation of Liability
THE PUNDIT ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OF THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, WHICH INCLUDES NEGLIGENCE, OR OTHERWISE AND WHETHER OR NOT THE PUNDIT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRENTIES OR LIITATIONS ON THE DURATION OF IMPLIED WARRENTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THE ENTIRETIES, BUT WILL APPLY OT THE MAXIMUM EXTENT PERMITTED BY NORWEGIAN LAW OR A SECONDARY APPLICABLE LAW.

14.   General
We may revise these terms from time to time. The changes will not be retroactive and the most current version of the Terms will govern our relationship with you. The most current version of the terms will always be available at (www.beapundit.com/terms). We will try to notify you of material revisions, for example via an email associcated with your account or service announcement. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. In the event that any provision of these Terms is held to be invalid or unenforable, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect. Pundit’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.   If you are a Pundit user located in the United States or Canada, our terms contain a binding arbitration provision, which states that, except if you opt out and except for certain types of disputes, Pundit and yourself agree to resolve all disputes through binding arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. Please read the “Special arbitration provision for United States or Canada users” section below to learn more.

16.   These Terms are an agreement between you and Pundit AS, a Norwegian company with a registered office at Bjørklundsveien 21, 1396 Billingstad, Norway. If you have any questions about these terms please do not hesitate contacting us.

Special Arbitration provision for United States or Canada Users:

“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between Pundit and you is subject to arbitration.

Agreement to Arbitrate for Pundit Users Located in the United States or Canada. For Pundit users located in the United States or Canada, Pundit and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Pundit and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Pundit and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.

Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision.

You must use this address to opt-out:

Pundit AS
Arbitration Opt-Out
Bjørklundsveien 21
1396 Billingstad
Norway

You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.

Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.

Time Limit to Start Arbitration. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.

No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a Pundit user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.

Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.