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Capture Terms of Service

The following Terms of Service, including our General End User Agreement and Privacy Statement as published on our website telenordigital.com ("Terms") govern your access to and use of the Capture services and Capture websites (the "Service"), and any information, text, graphics, or other materials sent, received, stored or otherwise appearing on the Services (collectively referred to as "Content"). The Service is provided by Telenor Digital AS ("TD"/"we").

Basic description of Service

Capture is an internet based storage service that allows you to save, see and share your photos and documents between devices and persons. The service is supported on platforms with IOS (8.0 or later), Android (4.0 or later), Windows Phone (8.1), Windows (7 or later), Mac OS (10.6 or later) and selected web browsers. You are able to add photos and documents from all supported devices and see these accordingly on all supported devices. You can also choose to share photos and documents with other persons on your own discretion. The service is designed for photos but supports most types of files.

To use the service in a Web browser, mobile phone or tablet you need to be connected to a WiFi or mobile data network. On a PC or Mac the data stored in Capture is kept as a local copy and files will be available at all times, however to get new files synchronized the PC or Mac needs to be connected to the Internet. Any file deleted from the Capture home folder on a PC or Mac will be deleted from Capture as long as Capture is installed and running on the computer.

As a user, you will receive new versions of Capture automatically.

Grant of License

We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.

Privacy

Any information that you provide, store or share using the Service is subject to our Privacy Statement, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use as set forth in these Terms, and as otherwise set out in our Privacy Statement.

During the initial sign up to the Service we collect a user name (email address), mobile number and password. The collected information may be shared with other business areas and companies within the Telenor group to improve the service and to provide additional subscriber benefits. The shared information can include e-mail, mobile number, amount of allocated storage quota, used amount of allocated storage quota, type of files stored, last time the user was in contact with the service and device usage information.

Each file stored in our online storage will be encrypted with their own encryption key.

The Content you submit and receive through the Service will be stored securely with one or more of our subcontractors, and may also be temporarily stored in other locations to facilitate the transmission of the Content to and from your devices. When we use subcontractors we ensure that these has an adequate security level and that the use of the subcontractor is in accordance with the Norwegian Data Protection Act. For more information please consult our Privacy Statement.

Should you choose to cancel your services with us, we will delete all your Content after a grace period of 30 days (which allows you to recover Content deleted by mistake).

All files that you delete are kept in the Trash for 30 days, whereas you can restore the files if you desire so. You are free to empty the Trash when you desire to do so, however if the Trash is emptied it is not possible to restore the files as these are removed from our system.

The service allows you to share files with others at your own discretion. If you receive a link to a story/an album generated via the Service (Story/Album) from another user and upload you Content to that Story/Album, the data will be stored in the data center where the original Story/Album was stored (including outside EU/EEA).

Security

The communication links between the subsystems used for Capture and your content are secured using strong encryption.

To keep the Content secure you need to protect this with your own password. The password must be selected in such a way that other persons cannot guess this. The password should be at least 8 characters in length.

Note that when sending links to other people to enable them to access your content you can add extra protection by setting a security password that needs to be typed in by the party receiving the link from you. Also note that the links you send may be used by other persons to access your content if the recipient of your link forwards it to such other persons. A link to a share you created is valid for 30 days, whereinafter it is deleted. A link to a Story/an Album is valid as long as the Story/Album exists (can be deleted by the creator). You can limit the access to a Story/Album by setting a password to the Story/Album if the app allows this.

The content you store in Capture may be visible to other persons who have access to your computer. Should you sell or otherwise hand over your computer (or other equipment where you have Capture installed) to third parties, you should uninstall Capture and reset your computer/device to factory settings. By resetting to factory settings you avoid that your password becomes available to such third parties.

Charging for the Use of the Services

The service offers you a free account of storage (typically 2 GB), for you to try out the service. If you need additional storage you can get this through you mobile subscription or by purchasing more storage.

Use of Services

You are responsible for your use of the Service, including the lawfulness of the Content. All Content is the sole responsibility of the person who uploaded such Content. We do not monitor or control the Content posted via the Service and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.

Rights to Content

You retain your rights to any Content you store using the Service. By storing Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to process such Content in any way necessary to perform the Service. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and devices. We may also make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, and services.

We respect your right to privacy and will not access the Content. This license is only about you authorizing us to broker your Content.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate user accounts. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.

If you have stored more data than the allocated quota you will not be able to upload more data to your account. It is our policy not to delete any excessive data unless you have used your account in material breach of these Terms. Notwithstanding the aforementioned, we reserve the right to require that you either upgrade to a higher data quota or delete the excessive data within a given deadline. If you have not upgraded or deleted the excessive data within the deadline we reserve the right to delete uploaded files until the stored data is within the agreed limits If you have not provided us with contact details that enable us to contact you we may delete excessive data without prior notice.

You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service or services provided by third parties, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.

The Service is for legitimate individual use only (personal). The following non-exhaustive list of practices would not be considered legitimate individual (personal) use:

a. Using the Service for commercial benefits

b. Re-selling the Service to a third party

c. using the Service in violation of the provisions of the Terms

We may on our option, terminate our relationship with you, or suspend your access to the Service immediately if it is deemed by us that you are using the Service contrary to these Terms. We will attempt provide you with notice of improper usage before suspension or termination and may, if appropriate, offer you an alternative subscription/Service.

We may at our option terminate the service, including deleting data, if you are storing vast amount of data which can be considered abnormal with respect to normal private use. We will in such circumstances evaluate if there is a significant deviation from in used quota compared to an average user of our Service, and if possible, your explanation of the use of storage quota. We will in such circumstances try to seek a direct dialog with you to try to find a solution that is satisfactory for both you and us.

We retain the right to create limits on use and storage quota at our sole discretion at any time without prior notice to you.

Term and Termination of Service

The Service term commences when you have accepted these Terms and remain until you or we terminate the Service in accordance with the clauses herein.
You may terminate the Service at your own desire; however there might be a termination fee subject to other contractual terms if the Service is bundled with another product. Also any prepayment of the Service is non-refundable.

By terminating the Service you understand that all data will be deleted and cannot be recovered.

If you terminate the products or service you receive from one of the companies in the Telenor Group you may nevertheless continue to use the Service as this is provided by Telenor Digital. Depending on the agreement you have entered into with the relevant Telenor company there may be certain fees associated with changing the Service this way, as well as recurring fees for the Service.

TD may terminate the Service after a period of 3 (three) months of inactivity, but will contact user on registered e-mail 1 (one) month before account is closed.

Entire Agreement

These Terms, including our General End User Agreement and Privacy Statement are the entire and exclusive agreement between you and us regarding the Service (excluding any services for which you have a separate agreement with us). In case of conflict between the documents, these Terms will take precedence over the more general terms stated in General End User Agreement and Privacy Statement.

For Telenor subscribers in Serbia, please check general terms and conditions

For Telenor subscribers in Montenegro, please check general terms and conditions

For Telenor subscribers in Norway, please check the Norwegian terms for specific information about unlimited storage.