HILZN AS - TERMS OF USE

Updated 01.12.2020

Hilzn AS offers a marketplace for offering and digital meetings and greetings between famous people ("Profiles") and followers, followers or fans ("users") who use Hilzn AS's services.

www.barderas.com is operated by Hilzn AS (corporate identity number 824 563 152) with registered address Svebergvegen 3, 7550 Malvik (“Hilzn”)

Please read these general terms and conditions before accessing or using Hilzn AS's website www.baderas.com and the barderas application (including any variation thereof) and any service offered by Hilzn AS (collectively, the "Services"). Your access to and use is conditional upon your acceptance and acceptance of these terms and conditions. The following terms apply:

1. GENERAL

1.1 By accessing or using the Services, you confirm that you accept these terms and that you understand the rights, obligations, terms and conditions set forth herein.

1.2 You confirm and warrant that you are at least eighteen (18) years of age or that you have the prior consent of the legal guardian, and that all information provided by you through the Services is true, accurate and complete and that you have the legal authority to enter into these terms and use the Services in accordance with all terms and conditions.

1.3 At barderas.com you can send a request to receive a personal video greeting or a video conference for a fee from the various profiles available on the website.

2. CONTENTS MADE OF PROFILES

2.1 Please note that the profile is responsible for any description and execution of the videos offered to users of the services via the profile page, the services or otherwise delivered, uploaded or distributed to the user via Hilzn AS. (collectively “profile content”)

2.2 Users can request videos or other services from profiles by sending an order request via the profile's personal profile page.

2.3 Videos must be recorded in format and quality as instructed by Hilzn AS in the application. The video should be recorded in good light and the sound should be clear.

2.4 Profiles shall do its best to respond to and accept order requests for video greetings and video meetings within seven (7) days from the date the order request was sent.

2.5 Profiler guarantees that they have the ownership rights and / or that they have obtained all necessary licenses and permits from all necessary parties by offering, uploading, publishing and / or sending profile content and giving Hilzn AS and the users of the platform the rights to use the profile content as specified in these terms of use and profile..

3. USE OF VIDEO GREETINGS

3.1 Users of the Services receive a personal, non-transferable and non-licensable license of the videos with the right to use, distribute, reproduce and display publicly for non-commercial and non-marketing purposes in all media, including social media platforms. Unless agreed in writing, users may not edit, modify, develop or make any changes to the videos. Hilzn AS can on request download the video from any platform it is uploaded to.

3.2 Hilzn AS has the right to upload and display videos provided by the profile via the services for marketing purposes.

3.3 Hilzn AS shall have the right, but no obligation, to implement measures that are deemed appropriate to retain its rights under these terms of use.

3.4 Hilzn AS and its affiliates obtain a global, non-exclusive, sublicensable, royalty-free license to use, edit, reproduce, modify, display, distribute and / or publish this content in the Services.

3.5 Hilzn AS reserves the right to delete and remove all profile content that in Hilzn's view is in violation of the terms of use or applicable laws, rules or guidelines.

4. PAYMENT AND DONATION

4.1 When a user sends an order request to a Profile, the amount is temporarily reserved on the user's card via the payment service provider Stripe (www.Stripe.com). The transaction is only completed if the video greeting or video meeting is delivered or has been completed.

4.2 If the Profile does not respond to the inquiry within 7 (seven) days, the reservation on the user's card will be removed within 7 working days.

4.3 Profiles set their own prices and may at any time change the price of future videos or meetings. The profile must deliver the order based on the price and fees set by the profile at the time the order was made, provided that the profile accepts the order from the user.

4.4 Hilzn AS uses the third party payment service provider Stripe for transactions. When an order request is delivered and completed, the entire amount is transferred to the profile's client account with Stripe. From the profile's client account, 25% of the sum is paid to Hilzn AS as a mediation fee and 75% goes to the profile's desired bank account number, which they themselves register in the application. All use of Stripe is subject to their terms and conditions which can be read here: https://stripe.com/en-no/legal

4.5 Profiles can choose to donate the income generated through the collaboration. The usual dissemination fee of 25% applies if you donate the entire amount.

4.6 When a video greeting is being ordered or has been delivered, the user has no opportunity to cancel the purchase. Each video greeting is personal and is tailored to the user's instructions.

5. LINKS TO OTHER SITES

5.1 Our service may contain links to third party websites or services that are not owned or controlled by Hilzn AS.

5.2 Hilzn AS has no control over, and assumes no responsibility for, the content, privacy rules, or practices of third party websites or services. You acknowledge and agree that Hilzn AS shall not be liable 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 such content, goods or services further available on or via such websites or services.

5.3 We encourage you to read the terms and privacy policies of any third party websites or services that you visit.

6. OWNERSHIP

6.1 For the avoidance of doubt, Hilzn AS does not acquire any ownership rights to the videos or other profile content.

6.2 In addition to whether the profile content owns or is licensed, all content in the services of Hilzn AS, such as text, graphics, icons, audio files, downloads, logos, images, website design and source code and all similar materials. It is illegal to copy, modify, distribute, use or reproduce the content of the website in whole or in part without the prior written permission of Hilzn AS.

6.3 Nothing in these terms of use shall be construed as a transfer of Hilzn AS's material or intellectual property rights.

6.4 For the sake of clarity, you grant Hilzn AS a limited license to retain and use any result of your use of the Services for the sole purpose of developing and improving Hilzn AS products and services.

7. PRIVACY

7.1 You confirm that you have received and read information about our processing of your personal information in accordance with our privacy statement published on www.barderas.com.

8. DISCLAIMER AND RELIABILITY

8.1 www.barderas.com is a service that helps profiles and fans to get in touch in a simple and efficient way with the intention of buying video greetings or other products. Hilzn AS offers a platform for entering into an agreement between buyer and seller, as well as handling payment. Hilzn AS shall under no circumstances be considered a party to any agreement on the purchase and sale of video clips or licenses.

8.2 Hilzn AS expressly disclaims any responsibility for the fulfillment of the agreement, this includes, but is not limited to, losses as a result of video being misused in any way. For the avoidance of doubt, the profile shall keep Hilzn AS and its partners, employees, board members and representatives indemnified and outside any claims, damages, obligations, expenses and losses to which the profile is presumably exposed or which are related to access or use of the services.

8.3 Hilzn AS strives to keep the services available at all times and to correct errors and omissions without unnecessary delay. However, HilznAS does not warrant that the Services will be continuous, uninterrupted or error free or that any deficiencies will be rectified. Unless otherwise agreed in writing, the services and products provided by Hilzn AS are provided in a "as is" and "as available" manner, without any warranty whatsoever.

8.4 You acknowledge and agree that the Services may become unavailable due to scheduled or unplanned service, maintenance and / or updates.

10. MISCELLANEOUS

10.1 If you are not satisfied with the service provided via Hilzn or have other requests, you can contact us by email: support@barderas.com

11. LAW CHOICE

11.1 These terms are subject to and shall be construed in accordance with Norwegian law.

12. CHANGES

12.1 Hilzn AS reserves the right to change or replace these terms at any time. Updated terms will be made available at www.barderas.com or in the application. If the changes in the terms and conditions in Hilzn AS's assessment involve a significant change in the user's rights or obligations, the changes will be made available on barderas.com 30 days before they enter into force.

12.2 By continuing to use the Service after the changes to the Terms have been made available on www.barderas.com, you agree to be bound by the updated Terms. If you do not accept the new terms, you must stop using Hilzn AS's services.