Terms Of Use

Welcome to cillers.com, the website of Cillers AB (org 559476-1388), a Swedish corporation, and its subsidiaries (“Cillers,” “we,” or “us”). This page explains the terms by which you may use our website, our Community and any other related websites operated by Cillers (“Website”). By accessing or using the Website, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Cillers Privacy Policy, whether or not you are a registered user of our Website. Cillers reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Website (“Users”). If you are entering into this Agreement on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to this Agreement, and the terms “you” and “your” will refer to that company or organization.

Please read this Agreement carefully to ensure that you understand each provision.

1. Use of Our Website

The Website provides a place for you to learn information about Cillers and its products. Cillers’ products and services are governed by separate commercial terms. Your participation in the Community is governed by the Cillers Community Code of Conduct.

A. Eligibility

This is a contract between you and Cillers. You must read and agree to these terms before using the Website. If you do not agree, you may not use the Website. You may use the Website only if you can form a binding contract with Cillers, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Website by anyone under 13 is strictly prohibited and in violation of this Agreement. The Website is not available to any Users previously removed from the Website by Cillers.

B. Website

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website for your personal, noncommercial use only and as permitted by the features of the Website. Cillers reserves all rights not expressly granted herein in the Website and the Cillers Content (as defined below). Cillers may terminate this license at any time for any reason or no reason.

C. Website Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to Cillers servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Cillers grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from https://www.cillers.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information from the Website; (viii) using the Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

Accessing any audiovisual content that may be available on the Website for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Website. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Website; stop providing the Website or features of the Website, to you or to Users generally; or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Website Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Cillers shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. Our Proprietary Rights

The Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Cillers Content”), and all intellectual property rights related thereto, are the exclusive property of Cillers and its licensors.

Cillers and other marks or logos of Cillers or third parties are trademarks or service marks of Cillers or such third parties and may not be used in any manner without the express prior written consent of the respective owner. Cillers’ use of any third-party marks or logos does not indicate any affiliation or other relationship with such third parties.

Violations. We may, ourselves or through our agents, investigate any violation of this Agreement and take appropriate remedial action.

Disclaimer. Cillers is not responsible for any third-party content or products, whether or not we reviewed or moderated such content.

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Cillers Content. Use of the Cillers Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas, whether about the Website or anything else (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Cillers under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance or other receipt of your submission, Cillers does not waive any rights to use similar or related ideas previously known to Cillers, or developed by its employees, or obtained from sources other than you.

3. No Professional Advice

If the Website provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained on the Website. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

4. Privacy

We care about the privacy of our Users. You understand that by using the Websites and the community you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the EU and the United States.

5. Security

Cillers cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

6. Third-Party Links and Information

The Website may contain links to third-party materials that are not owned or controlled by Cillers. Cillers does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Website, you do so at your own risk, and you understand that this Agreement and the Cillers Privacy Policy do not apply to your use of such sites. You expressly relieve Cillers from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Cillers shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

7. Indemnity

You agree to defend, indemnify and hold harmless Cillers and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted by you or someone on your behalf, including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code; or (vii) arising out of Content you submit or publish.

8. No Warranty

The Website is provided on an “as is” and “as available” basis. Use of the Website is at your own risk. To the maximum extent permitted by applicable law, the Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Cilers or through the Website will create any warranty not expressly stated herein. Without limiting the foregoing, Cillers, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website.

Cillers does not warrant, endorse, guarantee, or assume responsibility for any product or Website advertised or offered by a third party through the Website or any hyperlinked Website or Website, and Cillers will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions (”Jurisdictions”) do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Cillers, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Website. Under no circumstances will Cillers be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website or the information contained therein.

To the maximum extent permitted by applicable law, Cillers assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Cillers, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Cillers hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Cillers has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some Jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from one jurisidiction to another. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

The Website is controlled and operated from facilities in the EU and/or the United States. Cillers makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations. You may not use the Website if you are a resident of a country embargoed by Sweden, EU or the United States, or are a foreign person or entity blocked or denied by Sweden, EU or the United States government. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in the EU and the United States.

10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A. Governing Law

You agree that: (i) the Website shall be deemed solely based in Sweden; and (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Sweden.

This Agreement shall be governed by the internal substantive laws of Sweden, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Swedish Arbitration Act (SFS 1999:116).

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

You agree to submit to the personal jurisdiction of the courts located in Stockholm, Sweden for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Stockholm, Sweden is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

B. Arbitration

Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Cillers. For any dispute with Cillers, you agree to first contact us at [e-mail] and attempt to resolve the dispute with us informally. In the unlikely event that Cillers has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by The Stockholm Chamber of Commerce Arbitration Institute ("SCCAI"), under the Optional Expedited Arbitration Procedures then in effect for SCCAI, except as provided herein. SCCAI may be contacted at https://stockholmshandelskammare.se/en/scc-arbitration-institute. The arbitration will be conducted in Stockholm, Sweden, unless you and Cillers agree otherwise. If you are using the Website for commercial purposes, each party will be responsible for paying any SCCAI filing, administrative and arbitrator fees in accordance with SCCAI rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Website for non-commercial purposes: (i) SCCAI may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from SCCAI; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Cillers from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

C. Class Action/Jury Trial Waiver

With respect to all persons and entities, regardless of whether they have obtained or used the Website for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this Agreement, you and Cillers are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

11. General

A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Cillers without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to the Agreement

Cillers may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by Cillers in our sole discretion. Cillers reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Cillers is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Cillers may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to the Agreement. Your continued use of the Website after any such change constitutes your acceptance of the new Terms of Use. Any changes will take effect 30 days after they are posted. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Website.

C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Cillers in connection with the Website, shall constitute the entire agreement between you and Cillers concerning the Website. There are no third-party beneficiaries to this Agreement. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement will be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns. Except set forth in the section above entitled “Changes to Agreement”, all amendment to this Agreement must be made in writing signed by both parties.

D. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Cillers' failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Contact

Please contact us at [e-mail] with any questions regarding this Agreement.