Terms of Service

IMPORTANT – PLEASE READ AND UNDERSTAND THESE TERMS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of Norwegian BioLabs (norwegianbiolabs.com), including any sub-domains, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Seth Media AS (“Seth Media,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set out below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, on the condition that you accept all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order through the Website, you agree to the terms set out herein. If you do not agree to these terms and conditions in their entirety, you are not authorised to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT OUT. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT OUT.

You can review the most current version of the Terms at any time on this page (Terms of Service – Norwegian BioLabs (norwegianbiolabs.com)). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

WEBSITE USE
PRIVACY & SECURITY DISCLOSURE
GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
PRODUCTS SOLD FOR PERSONAL USE ONLY
NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
MODIFICATIONS TO THE WEBSITE AND PRICES
PAYMENT
ORDER PLACEMENT AND ACCEPTANCE
SHIPPING
DELIVERY CONFIRMATION
MONEY BACK GUARANTEE
STANDARD RETURNS AND REFUNDS POLICY
SOCIAL MEDIA
DISCLAIMER OF WARRANTIES
DISCLAIMER OF LIABILITY
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
INDEMNIFICATION
THIRD-PARTY WEBSITES AND LINKS
TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
ELECTRONIC COMMUNICATIONS
ASSIGNMENT
NO WAIVER
SEVERABILITY
TERMINATION
ENTIRE AGREEMENT
QUESTIONS OR ADDITIONAL INFORMATION

TERMS OF SALE

1. WEBSITE USE

By using the Website and agreeing to these Terms, you confirm that you are at least of legal age in your country or region of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

2. PRIVACY & SECURITY DISCLOSURE

Our privacy policy can be viewed at Privacy Policy – Norwegian BioLabs (norwegianbiolabs.com). The Privacy Policy is incorporated into these Terms by reference and forms part of these Terms.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by UK and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website, including, but not limited to:

(1) hacking and other digital or physical attacks on the Website;
(2) publishing vulgar, abusive, obscene, or defamatory material;
(3) soliciting others to perform or participate in any unlawful acts;
(4) violating any international, national, regional, or local regulations, rules, laws, or ordinances;
(5) infringing upon or violating our intellectual property rights or the intellectual property rights of others;
(6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(7) submitting false or misleading information;
(8) uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Website;
(9) collecting or tracking the personal information of others;
(10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Seth Media reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Seth Media’s rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Seth Media may take any other actions necessary in this regard or seek any remedies permitted by law.

4. PRODUCTS SOLD FOR PERSONAL USE ONLY

You further agree that any products or services you purchase from Seth Media on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website.

5. NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for the advice of a medical professional. The statements made on this Website have not been evaluated by the Food and Drug Administration. You should consult your doctor before using any information provided by Seth Media. Always seek advice from a healthcare professional before using any new product or device.

While we endeavour to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We have made every effort to display as accurately as possible the appearance, colours, textures, or finishes of our products that appear on the Website. What you see will depend on your monitor and computer equipment, and we cannot guarantee that the product images are an accurate representation of the actual merchandise. Please refer to our Refund Policy if you are unhappy with your purchase or Contact Us to submit an inquiry.

This Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

6. MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund, return, or exchange only in accordance with our standard returns and refund policy.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.

7. PAYMENT

All charges are in GBP (British Pounds).

By submitting payment information to us, you represent and agree that: (i) you are fully authorised to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) sufficient funds are available to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method, including a mailed statement.

8. ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or refuse shipment to anyone for any reason. Products are also subject to availability. As there may be a delay between when your order is placed and when the order is accepted, the stock of that particular item may change. In the event that we refuse your order or if any item becomes out of stock before we accept the order, we will notify you as soon as possible and you will receive a refund to your original method of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you with any product or service. We reserve the right to request additional information before processing any order.

9. SHIPPING

Seth Media currently ships to addresses located in the United Kingdom and internationally via shipping carriers of our choice. Orders generally process and ship within three (3) business days of placement. Orders placed after 7:00 PM GMT will not be processed until the next business day at the earliest, excluding weekends and public holidays. Domestic orders typically arrive within 7-15 business days, and international orders typically arrive within 20-30 business days, once processed and shipped, depending on your location. If a product is on back order and/or if we are experiencing high order volume, shipping times may vary. Once the item you ordered is back in stock, it will typically ship within 1-2 business days. Shipping charges will be calculated and displayed at checkout. Seth Media is not responsible for these charges if they are applied and are your responsibility as the customer.

If you do not receive your order within the time frames mentioned above, or if you would like to check the status of your order, please contact us by email ([email protected]).

An accurate shipping address and phone number are required. We are not responsible for late or missing shipments if you provide incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, or wish to cancel your order after placing it and before it has been processed, please contact us immediately by email ([email protected]). You must contact us as soon as possible in order to attempt to modify or cancel your pending order. Once an order has been processed or marked as shipped, it cannot be cancelled. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

10. DELIVERY CONFIRMATION

As many factors at your delivery address may be beyond our control, you agree that any delivery confirmation provided by the carrier will be considered sufficient proof of delivery to the cardholder, even without a signature.

11. MONEY BACK GUARANTEE

Seth Media offers a Money-Back Guarantee on your first order of certain items within fourteen (14) days from the date you placed your order for a full refund according to the following terms. The Money-Back Guarantee is only valid on your first order of qualified items purchased directly from norwegianbiolabs.com. For a list of non-returnable items, please refer to our Refund Policy.

Purchases that do not qualify for Seth Media’s Money-Back Guarantee are subject to our Standard Return and Refund Policy unless they are non-returnable. If you request a refund within the first fourteen (14) days and later decide to repurchase the product, you will no longer be able to use this Money-Back Guarantee. Refunds will only be issued if the product arrives damaged, you receive the incorrect product, or if the product is not delivered. Please contact us by email ([email protected]) to request a refund.

Seth Media will refund the entire purchase price for all approved refunds, less all shipping and handling charges. Seth Media will not provide a return label. You are responsible for arranging and paying for return shipping. Refunds will be issued to the same credit card or method of payment used to place the order. Please allow 3-7 business days for us to process your request and post it to your account. Timeframes may vary depending on your financial institution.

12. STANDARD RETURN AND REFUND POLICY

Seth Media aims to ensure you are thoroughly satisfied with your experience with us, so we have made returning certain products straightforward. If a product arrives damaged, if you received the wrong product, or if you do not receive your order at all, please refer to our detailed Refund Policy for instructions on how to return your product. Certain items, including but not limited to beauty products, hygiene products, personalised or customised items, sale items, gift items, and others listed in our Refund Policy, are non-returnable and non-refundable. Seth Media reserves the right to update this refund policy at any time at its sole discretion.

We are not responsible for lost or stolen items. We recommend sending all returned items using a delivery confirmation system to ensure proper delivery. After the shipping department receives your return, please allow up to 3-7 business days for us to process your request and post it to your account. Timeframes may vary depending on your financial institution.

13. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of our social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other external third-party social media platforms we may use (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are their own and do not reflect the views of Seth Media. We have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

14. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE OFFERED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL SETH MEDIA OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER SETH MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF HOW DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SETH MEDIA IS FOUND LIABLE UNDER ANY THEORY, SETH MEDIA’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO GBP £500.00. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CLAIMS, REGARDLESS OF WHETHER SETH MEDIA WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SETH MEDIA ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

a. General

Arbitration is a method of resolving a “Claim” without initiating a lawsuit. A “Claim” refers to any dispute between you, Seth Media, or any involved third party relating to your account, your use of the Website, your relationship with Seth Media, these Terms, or the Privacy Policy. This includes any and all claims concerning your use or attempted use of the products, any act or omission by Seth Media or any third party related to your use or attempted use of the products, and any communications from Seth Media or any third party on Seth Media’s behalf. Either you, Seth Media, or any involved third party may pursue a Claim. Seth Media agrees to final and binding confidential arbitration should it have any Claims against you. Similarly, you agree to final and binding confidential arbitration should you have any Claims against Seth Media. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not as part of a class action, that only individual relief is available, and that claims from more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision outlines the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended, or for international arbitration, the United Nations Commission on International Trade Law (“UNCITRAL”).

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief under California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) if the above clause is deemed invalid or unenforceable, a representative action for public injunctive relief under California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state, provincial, or federal courts located in the capital city of the state or province of your residence on a class basis, and (c) any claims other than those for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.

b. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, both you and Seth Media retain the right to pursue any claim that falls within the jurisdiction of a small claims court and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Seth Media will not demand arbitration for any individual claim that you properly file and pursue in a small claims court, provided that the claim remains pending in that court.

The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state, provincial, or federal courts located in the capital city of the state or province of your residence: (i) an action by Seth Media relating to the infringement or validity of our proprietary rights, including, but not limited to, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Seth Media for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims excluded from final and binding arbitration under this subsection “b” in any representative or class-wide capacity, including but not limited to, bringing or joining any claims in any class action or class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state, provincial, and federal courts located in the capital city of the state or province of your residence and forever waive any challenge to said courts’ jurisdiction and venue.

c. Required Pre-Dispute Procedures

Before initiating any Claim against the other party, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, as well as the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Seth Media AS, Smestadveien 8D, 0376 Oslo, Norway, Attn: Legal Department. Seth Media will respond to you by letter at the billing address you provided or at the email address you provided. You agree to negotiate with Seth Media or its designated representative in good faith regarding your problem or dispute. If the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions outlined herein.

d. Commencing Arbitration

You and Seth Media agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above). Any arbitration proceeding commenced after one (1) year shall be forever barred.

e. Arbitration Location

If the amount in dispute is $500 or less, the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted by videoconference unless Seth Media agrees to arbitrate in another forum requested by you.

f. Organisation, Rules and the Arbitrator

We each agree that any and all Claims, other than those exempted under subsection “b” above, shall be submitted to final and binding confidential arbitration before a single arbitrator of the International Centre for Dispute Resolution (“ICDR”). Either party may commence the arbitration process by submitting a written demand for arbitration to the ICDR and providing a copy to the other party within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the ICDR, International Dispute Resolution Procedures, in effect at the time of submission of the demand for arbitration. The ICDR’s Rules are available at www.icdr.org. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall also have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall further have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Seth Media.

g. Fees

Payment of all filing, administration, and arbitrator fees will be governed by the ICDR’s Rules.

h. Governing Law and Award

The arbitrator shall follow the substantive laws of Norway without regard to its principles of conflicts of law. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA or UNCITRAL, as applicable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

i. Enforceability

This provision survives the termination of your account or relationship with Seth Media, as well as bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would permit arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

j. Miscellaneous

Failure or delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims, provided that all Claims must be brought within the one-year limitation period set forth above. This provision constitutes the entire arbitration agreement between you and Seth Media and may only be modified in writing by Seth Media.

k. Amendments

Seth Media reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Seth Media product constitutes your consent to such changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER OCCURS FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT SETH MEDIA AS, Smestadveien 8D, 0376 Oslo, Norway, ATTN: LEGAL DEPARTMENT. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

17. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Seth Media, its parent, subsidiaries, predecessors, successors, and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable solicitors’ fees, arising out of, resulting from, or in any way connected with or related to: (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.

18. THIRD-PARTY WEBSITES AND LINKS

Our Website may include materials from third parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.

19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

Anything that you submit or post to the Website and/or provide us, including but not limited to, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Submissions represent the unique experience of the submitting customers and do not necessarily reflect the experience that you may have using our products.

Seth Media reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Seth Media shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

20. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS

a. DMCA Notice

This Website maintains specific contact details provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:

Notification of Claimed Infringement:

Seth Media AS
Attn: DMCA/Copyright Agent
Smestadveien 8D, 0376 Oslo, Norway
Email: [email protected]

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material, and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) a description of the copyrighted work that is the subject of the claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number, and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorised by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorised to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in a delay in processing your complaint.

b. Intellectual Property Rights, Licence

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations, and other content associated with the Website (the “Content”) are owned or licensed by Seth Media or other authorised third parties and are protected by intellectual property, copyright, trademark, trade dress, and other laws in the UK, the US, and other countries. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Seth Media, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall occur as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or as expressly granted to you in writing by Seth Media, no rights are granted to you. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Seth Media.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilising any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorised by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service, or other means) download, stream capture, store in a database, archive, or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit, or otherwise disseminate, distribute, display, or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in these Terms of Sale or otherwise expressly authorised by us in writing, you are strictly prohibited from modifying Content; creating, distributing, or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that are in any way derived from or based on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition on creating derivative works applies even if you intend to give away the derivative material free of charge.

c. Copyright

The copyright in all materials provided on the Website is owned by Seth Media or its affiliate(s). Except as stated herein, none of the material contained on the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Seth Media. Permission is hereby granted to view, copy, print, and download the materials on the Website for personal, non-commercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Seth Media may revoke any of the foregoing rights at any time. You may not, without Seth Media’s prior written consent, “mirror” any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from the Website. Any unauthorised use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

d. Trademarks

The trademarks, service marks, and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of Seth Media. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name “Seth Media” or any Trademark may not be used in any way, including in any advertising or publicity pertaining to the distribution of materials on the Website, without the prior written consent of Seth Media. Seth Media prohibits the use of any Seth Media logo or Trademark as a “hot” link to any website unless the establishment of such a link is approved in advance by Seth Media in writing.

21. ELECTRONIC COMMUNICATIONS

You agree that we may communicate with you electronically and that such communications, including notices, disclosures, agreements, and other communications provided to you electronically, are equivalent to written communications and shall have the same legal force and effect as if they were in writing and signed by the party sending the communication.

22. ASSIGNMENT

You may not assign any of your rights under these Terms, and any such attempt will be considered null and void. Seth Media and its affiliates may, at their sole discretion, transfer all contractual rights and obligations pursuant to these Terms without further consent or notification if some or all of Seth Media’s business is transferred to another entity through merger, sale of assets, or otherwise.

23. NO WAIVER

No waiver by Seth Media of any term or condition outlined in these Terms shall be considered a continuing or further waiver of such term or condition, nor a waiver of any other term or condition. Any failure by Seth Media to assert a right or provision under these Terms shall not constitute a waiver of that right or provision.

24. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, such provision shall still be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be considered severed from these Terms. This determination shall not affect the validity and enforceability of any other remaining provisions.

25. TERMINATION

In the event that we terminate this Agreement, Sections 2-5, 14-18, 19-26, as well as any representations, warranties, and other obligations you have made or assumed, shall survive the termination of this Agreement.

26. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in relation to the Website, constitute the entire agreement and understanding between you and Seth Media, superseding and replacing any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the party that drafted them.

27. QUESTIONS OR ADDITIONAL INFORMATION

If you have purchased a product or service through the Website, please contact customer service by phone, email, or by submitting an inquiry.

Seth Media AS
Wirgenes vei 13,
3157 Barkåker, Norway

Email: [email protected]

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