Terms of service – updated February 2014

Please read these Terms of Service carefully, and contact us if you have any questions.

Ding's products and services are owned and operated by Tight AS ("Tight", "we", "us" or "our"). These Terms of Service (the "Terms" or "Agreement") govern your access to and use of Ding's website, product and services (together "Ding" or the "Service"). By accessing or using Ding, you agree to be bound by this Agreement and by our Privacy Policy.

Payment and Renewal

Ding is a paid service, but has a free trial period of 45 days after logging your first entry. Upon entering your payment details AND ending your trial period, you agree to pay Tight the monthly subscription fees indicated for the Service. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Unless you notify us before the end of the applicable subscription period that you want to cancel your subscription, your current subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. The subscription can be canceled at any time in the Billing section of your account's Settings.

Changes

We reserve the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Tight may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Ding account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Service is provided “as is”. Tight and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tight nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability

In no event will Tight, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tight under this agreement during the twelve (12) month period prior to the cause of action. Tight shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Tight Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Tight, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Tight and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tight, or by the posting by Tight of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Norway, excluding its conflict of law provisions, and the parties hereby submit to the exclusive jurisdiction of the Oslo District court.

Disputes arising between users and Tight shall be resolved via the most neutral and cost effective means possible. You agree to try to solve any claim or dispute amicably.

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tight may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.