Terms of Use
1. GENERAL
By creating a user profile with Kari Traa, Johaug, Dæhlie, Sweet Protection, or another brand under Active Brands AS (org.no. 995 767 813) ("Active Brands", "us", "we", or "our"), you accept these Terms of use. The brands are owned and managed by Active Brands and your user profile will be common for all the brands.
Creating a profile is free and open to anyone 18 or older.
2. PROCESSING OF PERSONAL DATA
Active Brands is responsible for storing and managing your personal data in accordance with applicable laws and regulations. Active Brands process personal data about you, hereunder personal data that is necessary to fulfill the agreement. Personal data will also be processed to communicate information about this agreement and your user profile. You can also consent through your user profile settings to receive marketing communications via e-mail, mobile, and/or digital advertisements about, among other things, information and offers.
You can easily unsubscribe from any of our marketing communications through the channels you have received the communication from or your user profile. If you unsubscribe from marketing communication, we are still able to communicate with you about information relevant to your profile, such as changes to these Terms of Use or other communication directly related to purchases you have made on our website.
Further details regarding our processing of personal data and your privacy can be found in our Privacy Policy here.
3. TERM AND TERMINATION
These Terms of Use are valid from 24/10/2023 and replace all previous terms and conditions and agreements for user profiles at Active Brands.
You have the right to cancel the agreement with immediate effect. Cancellations of the agreement can be done by contacting us (see contact information in the last section).
Changes in these Terms of Use will be communicated to you on your user profile within a reasonable time before the changes take effect, and material changes will be notified by e-mail or SMS (if you have consented to SMS communication). You can also request information about any changes by reaching out to the Active Brands directly (see contact information in the last section).
We are entitled to delete your profile with immediate effect if you have shared incorrect information with us or if you are in breach of these Terms of Use or any applicable laws and regulations.
4. CREDENTIALS
You will only use your own, real identity, and your log-in credentials, including password, must be carefully stored, and protected from unauthorized access, disclosure, or use.
If you become aware of any unauthorized access to your log-in credentials or user profile, or any other security breach, please contact us immediately (see contact information in the last section).
5. NO ILLEGAL, HARMFUL, OR OFFENSIVE USE OR CONTENT
You will not use, encourage, promote, facilitate, or instruct others to use the user profile for any illegal, harmful, or offensive use or to transmit, store, display, distribute, or otherwise make available content that is illegal, harmful, fraudulent, infringing, or offensive. You will not use the user profile in any way:
(i) that may violate any laws or regulations, rights of others, these Terms of Use, or other policies provided by us,
(ii) that may be harmful to others, or our reputation, including by offering or disseminating phishing, pharming, or other deceptive practices,
(iii) to enter, store, or send hyperlinks, or enable access to external websites or data feeds,
(iv) that may be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable,
(v) harm, destroy, or tamper with the user profile, e.g., by distributing viruses, worms, corrupt files, or other items of a destructive or deceptive nature,
(vi) reverse engineer, disassemble, decompile, or otherwise modify, create derivative works based on, merge, tamper with, repair, or attempt to discover the source code of the technology upon which the user profile is based.
6. DISCLAIMER AND LIMITATION OF LIABILITY
The user profile is provided "as is" and "as available", and without warranties of any kind. We emphasize in particular that we do not guarantee that the user profile will be available continuously, uninterrupted, unchanged, error-free, without interference errors or viruses or other harmful components, or that any content or other information obtained in the user profile will be accurate.
We waive all liability or responsibility for your considerations, assessments, decisions, absence of consideration, assessment or decisions, or any other actions or omissions resulting from your use or non-use of the user profile.
Consumers are entitled to various rights, including compensation and statutory warranties in accordance with applicable law. Nothing in these Terms of Use shall have the effect of excluding or limiting those statutory rights or warranties that may not be excluded or limited under applicable law.
To the extent permitted by applicable law, we will not be liable for any loss or damage, including indirect, unintentional, special, consequential, or criminal damages, loss of data, use, goodwill, or other non-material damages, caused by:
(i) unavailability of, limited access to, or errors or defects in the user profile or
(ii) unauthorized access, use, or alteration of your user profile or content.
7. CHOICE OF LAW AND DISPUTES
Unless otherwise stated in mandatory law, these Terms of Use shall be governed by and interpreted in accordance with Norwegian law. Disputes arising in connection with or because of these Terms of Use shall be settled by court proceedings unless the parties agree otherwise. The parties agree on Oslo City Court as their legal venue unless otherwise stated in mandatory law.
If any part of these Terms of Use is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of these Terms of Use will still be enforceable.
8. CONTACT AND COMPLAINTS
Any questions, requests, or complaints can be directed to Active Brands by e-mail to kundeservice@activebrands.com or by post to Postboks 22 Vollebekk, 0516 Oslo, Norway.
If you are an EU citizen, you have the statutory right to refer all disputes that may from the contracting of an online to the Online Dispute Resolution (ODR) platform available here. You can also contact the relevant consumer authority in your country in case of any complaints about these Terms of Use or your user profile. However, we would first like you to contact Active Brands so that we can try to resolve the matter together.