Welcome to the Rawbite website, http://www.rawbite.com/, operated by RAWBITE ApS or its subsidiaries and affiliates ("RAWBITE", "we", "our" and "us"). The term "you" or "your" includes you and any of your subsidiaries, affiliates, and employees.
Please read carefully these Terms & Conditions and our Privacy Policy (the “Privacy Policy”) before accessing or using the Website. By accessing or using the Website in any way, you are (i) accepting and agreeing to comply with and be bound by these Terms and the Privacy Policy, including all of the documents referenced herein or therein, and (ii) representing to us that you are able and competent to enter into these Terms and the Privacy Policy, including on behalf of your subsidiaries, affiliates, and employees. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, OR CANNOT MAKE SUCH REPRESENTATION, PLEASE DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.
1. Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you or on your behalf does not and shall not infringe, misappropriate or violate any laws or the rights of others.
We reserve exclusive ownership of all right, title and interest in and to all data, information, material and content that is contained on the Website or that may be sent to you by e-mail or any other form from the Website (collectively, “content”), including, without limitation, content that may in any way relate to the Website. You may retrieve and display the content from the Website on a computer screen, print a single copy of individual pages on paper and store such pages for caching purposes only, in instance solely for your own personal and non-commercial use alone, but not for any other purpose or use.
As between you and us, we or our licensors own the copyright and all other intellectual property rights in or associated with the content.
You may not, and shall not do any of the following without first obtaining our prior written permission:
- Reproduce, other than as may be explicitly permitted by this Section 1, or modify, any of the content;
- store or redistribute any of the content (including, but not limited to, using the content as part of any library, archive or similar service);
- set up links from any website controlled by you to the Website, except to the home page of the Website; or
- use any of our trademarks. Note that any product and company names and logos that may be mentioned or displayed in or on the Website may be the trademarks, service marks or trading names of third parties.
In accessing and interacting with us through the Website, you agree not to:
- impersonate another person; use a false or unauthorized name, identity or e-mail address; or try to mislead others as to the identity or origin of any communications;
- modify, access or make available data stored on a computer device which you have accessed through our network or the Website;
- make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (e.g., names/addresses) without their prior consent;
- damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair its functionality;
- obtain or attempt to obtain unauthorized access, through whatever means, to the Website, other services or computer systems or areas of our or any of our partners’ networks;
- make any commercial or business use of the Website or resell or commercially benefit from any part or aspect of the Website;
- publish, post, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent, threatening, harassing or other unlawful or objectionable material or information; or
- assist others to do any of the above.
We retain the absolute right to prevent you from accessing the Website, without prejudice to any of our accrued rights, for any reason or no reason, including, but not limited to, instances where we consider in our sole discretion that you are violating these Terms.
2. E-mail Policy
We reserve the right to take such action as we in our sole discretion deem appropriate in respect of any e-mail or other communication that we determinate contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material.
3. Disclaimer of Warranties
ALL ACCESS TO AND USE OF THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH OR BY RAWBITE VIA THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER.
RAWBITE HEREBY DISCLAIMS, ANY YOU HEREBY WAIVE, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RAWBITE MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE WEBSITE OR INFORMATION RETRIEVED FROM IT. RAWBITE ASSUMES NO RESPONSIBILITY FOR COMPLETENESS, ERRORS, OR OMISSIONS IN THE CONTENT, PRODUCTS, OR SERVICES THAT ARE REFERENCED BY OR LINKED TO THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT RAWBITE CANNOT AND DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT CONTENT AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. RAWBITE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY VIRUS OR OTHER MALICIOUS OR DISABLING CODETHAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE CONTENT, OR THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability
TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW: (A) RAWBITE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT; (B) RAWBITE SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE; AND (C) YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RAWBITE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
5. Indemnification
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened by third parties, in each case arising from your access to, inability to access, use of, or conduct on, the Website or the content, and/or a breach of these Terms.
RAWBITE reserves the right, but shall not have the obligation, to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 5. In such case, you agree to cooperate with any reasonable requests assisting RAWBITE’s defense of such matter.
6. E-commerce with Third Parties
Your dealings with any third parties, in particular advertisers and/or merchants, via the Website, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in relation to such dealings.
7. Termination
We may at any time, in our sole discretion, terminate the provision of the Website or the Content, or restrict your access to or use of the Website or the content for any reason or no reason, and without any prior notice to you, including where (by way of example and without limitation):
- there is a regulatory or statutory change limiting our ability to provide the Website or the content;
- any event beyond our reasonable control prevents us from continuing to provide the Website or the content; or
- we consider in our sole discretion that it is necessary to do so or you are otherwise acting in breach of these Terms.
8. Choice of Law and Jurisdiction
These Terms shall be governed by the laws of the State of New York applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree that the Federal courts located in the Borough of Manhattan in the City of New York shall be the sole and exclusive venue for any legal action or proceeding between RAWBITE and you for any purpose concerning these Terms, the Privacy Policy, the Website or the content. You agree to waive any jurisdictional, venue, or inconvenient forum objections to venue in such courts. Any cause of action or claim you may have with respect to these Terms, the Privacy Policy, the Website or the content must be commenced by you within one (1) year after the accrual of such cause of action or claim, or you agree that such cause of action or claim against us shall be deemed waived by you.
9. Waiver of Jury Trial and Class Actions
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTEND ALLOWED BY LAW, TO WAIVE THERIGHTS TO RECEIVE A JURY TRIAL, AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
10. General
You may not assign, sublicense or otherwise transfer any of your rights under these Terms.
Any waiver by us of the provisions of these Terms or the Privacy Policy or any of our rights or remedies hereunder shall not be effective unless in writing, and any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by us to enforce the provisions hereof or our rights or remedies at any time will not be construed and will not be deemed to be a waiver of our rights hereunder and will not prejudice our right to take subsequent action.
Any provision of these Terms or the Privacy Policy which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without effecting the remaining provisions of these Terms or the Privacy Policy or affecting the legality, validity or enforceability of such provisions in any other jurisdiction.
These Terms and the Privacy Policy constitute the sole and entire agreement between you and RAWBITE with respect to your access to and use of the Website and content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
11. Survival
The following provisions of these Terms shall survive any termination of these Terms: Section 1 (“Acceptable Use Policy”); Section 3 (“Disclaimer of Warranties”); Section 4 (“Limitation of Liability”); Section 5 (“Indemnification”); Section 6 (“E-commerce with Third Parties”); Section 8 (“Choice of Law and Jurisdiction”); Section 9 (“Waiver of Jury Trial and Class Actions”); Section 10 (“General”); and Section 11 (“Survival”).
12. Privacy Policy
All information we collect on or through the Website is subject to the Privacy Policy. By accessing or using the Website, you consent to all actions taken by us with respect to your data in compliance with the Privacy Policy.
13. Changes to these Terms
We reserve the right, at any time, to make changes to any part of the Website, including these Terms and the Privacy Policy, with or without prior notice to you. Every time you visit our Website, your visit will be subject to the then-current version of these Terms and the Privacy Policy located on the Website. When you visit the Website, you should check the date of the these Terms and the Privacy Policy and review any changes that have been made since your last visit to the Website. Your continued access to or use of the Website after we post any modifications to these Terms and the Privacy Policy on the Website will constitute your acknowledgment of and agreement to such modifications and your consent to abide and be bound by the modified these Terms and Privacy Policy. If you do not agree to such modifications, you must not access or use the Website.
14. Contact
If you have any questions regarding the Website, the content, these Terms or the Privacy Policy, you may contact us by e-mail at shop@rawbite.com or at the following address:
Att: Customer Service
RAWBITE ApS
Brudelysvej 23
DK-2880 Bagsværd
Denmark