TERMS OF USE OF THE SERVICE
ONLINE SERVICE LICENSE AGREEMENT
2. DEFINITIONS
“Online services” (later “Service”) refers to online services hosted by ePress Nordic, the use of which (for example, accessing, viewing and browsing) this agreement enables. Online services can include online publications, online communities, email services, Internet connections, services providing supply and demand information and other similar services.
“Customer” (later “Customer”) is a natural or legal person who was the right to use the Service under this agreement.
“ePress Nordic” (later “EN” or “Service Provider”) refers to ePress Nordic’s subsidiaries and affiliated and associated companies. Associated companies are companies or joint ventures where ePress Nordic, its subsidiaries or affiliated companies have significant ownership or play a major role in providing the service.
“Materials” (later “Materials”) refer to any materials in any format in the Service, including articles, notifications, images, advertisements, sales brochures, drawings, sound, etc. Materials can be produced to the service by the Service provider, Customer or a third-party.
“System” (later “System”) refers to equipment, servers and software used by EN to host the service.
3. AGREEMENT ENTRY INTO FORCE
For the Customer, the agreement enters into force once the Customer has agreed to the terms of this agreement and entered the information required for opening the Service on EN’s Service-relate website and registered to the Service by clicking a button or some other way as agreed with the Service Provider. Once the Service Provider has issued the Customer a password, the Customer has registered for the Service. For the Service Provider, the agreement enters into force once Customer’s registration for the service is accepted.
4. AGREEMENT PARTIES’ RIGHTS, OBLIGATIONS AND RESPONSIBILITIES
4.1 Customer’s rights, obligations and responsibilities
In addition to the other rights, obligations and responsibilities mentioned in this agreement, Customer has the following rights, obligations and responsibilities:
4.1.1 Customer’s rights
4.1.1.1 Customer’s right to use the Service
Customer has the right to use the Service in accordance with the terms of this agreement and for lawful and decent purposes adhering to good business practices. Through the Service, the Customer may gain access to services that are on the responsibility of other information and service providers that may require agreeing to separate terms of use.
The Customer has the right to use the Service for their personal purposes and in private use only.
4.1.1.2 Customer’s login and password
Upon registration, the Customers is provided a personal login and password to the Service. Customer agrees to store them with due care and refrain from disclosing them to others. Customer is responsible for keeping the login and password safe from unauthorized persons. Customer is responsible for any use of the service with their login and password.
4.1.1.3 Customer’s right to register
Only an existing natural or legal person has the right to register as a Customer. For paid services, natural persons are required to be a minimum of 15 years old to register. For those who are under 18 years old or otherwise incapacitated, buying the Services requires consent by their trustee (for adults, guardian), or that the transaction is typical in the circumstances or of minor significance, or that that the transaction is carried out with funds personally earned by the incapacitated person.
4.1.2 Customer’s obligations and responsibilities
4.1.2.1 Customer’s responsibility for devices, use, etc.
Customer is responsible for the procurement and working condition of the devices, connections and software required to use the service and for ensuring that they do not cause harm, disturbance or damage to the Service Provider or other Internet users. Any devices causing harm, disturbance or damage must be disconnected from the network immediately. Customer is responsible for ensuring that they do not cause disturbance to other users when using the Service of infringe the rights of other users, Service Provider or third parties.
4.1.2.2 Customer’s responsibility for infringements of intellectual property rights
Customer agrees to refrain from saving, storing, distributing, submitting or relaying any Materials in the Service that are unlawful and/or indecent or encourage or incite these kinds of activities. Customer is responsible for ensuring that the Customer refrains from saving, distributing, submitting or relaying any Materials in the Service or through the Service that is protected with copyright, trademark or other intellectual property right without the permission of the author or right holder. Customer is responsible for any disputes and their costs and damages related to Materials they have produced online.
4.1.2.3 Customer’s obligations and responsibilities
Customer is responsible for any user charges caused by their use of the Service or for any claims or costs to a third party (such as charges for using the Internet or call charges) related to the Service.
4.1.2.4 Other terms related to Customer’s obligations and responsibilities
Service includes Materials protected with user rights, trademark rights and other rights. The Service itself is protected with copyrights in accordance with the copyright law of Finland.
Customer is not allowed to sell, relay or otherwise transfer the Service or a part of it.
Customer grants the Service Provider the right, both during the agreement period and following it, to edit, copy, publish or otherwise bring available, without compensation, to audiences any Materials the Customer has made available in the Service.
Customer is responsible to EN and/or directly to the instance whose rights the Customer has violated while engaging in any misuse and unlawful activities and/or activities contrary to the agreement.
Customer is not allowed to retain the Service or part thereof on their homepage or link the Service for earning purposes without written permission from EN.
Customer must immediately inform the Service Provider of any changes in Customer’s name or address information.
At the end of the agreement period, Customer agrees to return or dispose of all Materials received from the Service Provider using a method separately agreed with the Service Provider.
4.1.3 Data security
Customer acknowledges that Internet as an operating environment may cause deficiencies to the functionality of the Service and the System and that data security poses a risk in current IT systems, and is the Customer is responsible for ensuring the security of their computer, IT system or similar data processing equipment.
4.2 EN’s rights, obligations and responsibilities
In addition to the other rights, obligations and responsibilities mentioned in this agreement, EN has the following rights, obligations and responsibilities:
4.2.1 EN’s rights
4.2.1.1 Temporary security measures
The Service Provider has the right, but no obligation, to review, change or prohibit any Materials it deems inappropriate, especially if Materials are unlawful or indecent or do not adhere to good marketing practices. The Service Provider has the right to refuse to provide the Service to the Customer if the Service Provider has reason to suspect that the Service is used for an unlawful or indecent purpose or if so requested by authorities.
4.2.1.2 Right to obtain information related to paid services
For paid Services, the Service Provider has the right to perform a credit check to the Customer and, in their discretion, require a reasonable advance payment or collateral. When the Customer is a legal person, a business ID or similar registration number may be required. To realize Customer’s or Service Provider’s rights and responsibilities, Service Provider may collect identity numbers from billing customers who are natural persons.
4.2.1.3 The right to change Customer’s credentials
Service Provider has the right to change Customer’ credentials, the email address provided by the Service, password, or any other information required to use or related to using the Service if they cause conflicts or redundancies in the Service Provider’s IT systems.
4.2.1.4 Service Provider’s right to change Service content
The Service Provider has the right to produce the Service as deemed appropriate by them and to change the content of the Service. For any changes, a reasonable advance notification is given a Service-related website or to Customer’s billing or email address. The obligation to notify does not apply to technical changes, such as updates to equipment or software.
4.2.1.5 Service provider’s right to suspend the Service
Service Provider has the right to temporarily suspend the Service if it is necessary for the purpose of changing or upgrading the Service or its technical modification, for the purpose of installation, change or maintenance work of the general telecommunications network, or if laws or regulations, orders of the authorities, instructions or recommendations by major industry organizations so require. The Service Provider will strive to keep the length of the interruption reasonable and any harm caused minimal. Service Provider will strive to notify of any suspension beforehand.
4.2.2 EN’s obligations and responsibilities
4.2.2.1 Responsibility for content
Service Provider is responsible for the lawfulness of the editorial content they produce to the Service and strives to provide a Service with as high a quality as possible, but does in no part guarantee the reliability of the Service or a related data product or service, or the reliability of services available through the Service.
4.2.2.2 Liability for damages
If this contractual relationship or use of the Service under this agreement causes damage to the Customer, Service Provider’s liability is limited to the following: For paid Services, the Service Provider is only liable for direct damages to the Customer due to negligence. Service Provider’s liability is limited to the total sum of payments paid by the Customer for one (1) month of the Service. Service Provider is not responsible for any consequential or indirect damages to the Customer. For free services, Service Provider is not responsible for any direct, consequential or indirect damages to the Customer.
4.2.2.3 Responsibility for information in the Service and products being marketed
The Service Provider is not responsible for the accuracy or reliability of the information presented in or available through the Service, the correctness of the products or services being marketed or supplied in the Service or the accuracy of their information. Service Provider is not responsible for the content of any opinion or discussion forums available in the Service.
4.2.2.4 Responsibility for the functionality of the System
Service Provider is not responsible for the functionality of the System or for any interruptions caused by technical malfunctions, maintenance or installation work, for any disruptions in telecommunications, or for any resulting alteration or loss of data. For their part, the Service Provider will strive to keep the Internet network free of disruptions.
4.2.2.5 Repair of defects and disruptions
The Service Provider shall rectify any faults or disruptions during regular working hours after having received notification of them without any undue delay.
4.2.3 Data security
Service Provider strives to ensure that the Service fulfils any reasonable data security requirements but assumes no responsibility for damages to Customers caused by any deficiencies in data security or security risks such as computer viruses.
5.ADS AND CLASSIFIEDS
Service Provider’s currently applicable Magazine Rate Card’s terms and conditions or other terms and conditions stated by the Service Provider are applied for publication of ads and classifieds in EN’s channels. The advertiser must follow the global advertising regulations currently in effect.
All approved ads/classifieds will primarily be published on the agreed dates. However, if the ad/classified cannot be published for production-related or other operative reasons or for reasons arising from the Customer, an external information provider or an external service provider, EN is not liable for any damage caused.
EN’s liability for an unpublished ad/classified or an error in publishing is limited to reimbursing the amount paid for the ad/classified.
Any complaints should be filed withing 8 days of the publishing date or intended publishing date of the ad/classified.
6.SERVICE PRICES/FEES
Some of the Services hosted by EN are free to use.
Once accepting this agreement, Customer can select the free-to-use portions of the Services for their use without charge. When the Customer moves to the paid Services, it is indicated clearly in the Service.
For paid Services, Customer pays any Service usage fees in accordance with the currently valid price list.
Service Provider has the right to change the pricing and the bases of payment. Customer is informed of the changes no later than one (1) month before the change comes into effect in connection with their invoice, on a related website or by email. Should the Customer terminate the agreement due to a price change, the changed terms will not apply during the period of notice. Increases in costs that are due to laws, regulations or actions by authorities will increase prices immediately when coming into effect.
Customer is required to pay the invoices sent by the Service Provider by their due date. Should there be a delay in payment, the Service Provider is entitled to collect interest for late payment according to law. For separate requests for payment, the Service Provider is entitled to collect reminder notice fees. Should a legal person fail to pay by due date, the Service Provider has the right to prevent the use of the Service. Should a consumer Customer fail to pay within one week of the date of the reminder notice, the Service Provider has the right to prevent the use of the Service. Service Provider may collect a fee for reopening the Service.
7. PRIVACY
7.1. Processing of data
Data registration
Service Provider enters the personal data provided by the Customer at the time of their registration into a customer database and service-specific registers. As the Service is used, customer data is accumulated in the profile register and the service-specific registers. The descriptions of file for service-specific registers are available at service-specific Internet sites. According to the Finnish Personal Data Act, Service Provider may record other information about their Customers, with the Customers informed of this at the time of collecting said information.
Use of data
Data is and processed for the purposes related to the Service. Further, data is used for statistical analysis and for targeting ads by EN and/or its partners, advertisers or others through EN’s media and services. Data can also be used for Customer segmentation. Data may be disclosed to the party publishing the subscribed periodical for customer relationship management.
Retention and disposal
The minimum retention period for personal data is the duration of the customer relationship, while the maximum retention period is three years from the end of the customer relationship.
Data is stored and protected in a way that allows its use to the specified purposes only.
7.2 Customer’s rights
Right to refusal
Customer has the right to refuse the disclosure of their personal data for the purpose of direct mail advertising, remote sales and other direct marketing. ePress Nordic, c/o Bilanssi Oy, Mannerheimintie 15a B, 00260 Helsinki, Finland, is the data controller.
Right to review
Customer has the right to review their data stored in the personal register. The request to review must be presented to the data controller with a personally signed or otherwise similarly authenticated document or with a personal visit to the data controller.
7.3 Consent for processing personal data
By agreeing to the terms of this agreement, Customer grants EN with an unambiguous consent for processing personal data as specified here and in the Service description of file (see also description of file).
8. RIGHTS TO MATERIALS
8.1 Materials produced by EN and other Materials to which Service Provider holds the right
The ownership to EN-produced Materials and all other rights (including copyrights and other intellectual property rights) belong to the EN.
8.2 Use of the Materials in Service Provider’s services
Any Materials stored in the Service will, without a separate fee, become part of EN’s electronic databases and can be published and brought available to the public as part of the databases when publishing said databases.
EN has the right to fully or partly publish or bring available to the public Materials stored in the Service in EN-published or other electronic media.
9. FORCE MAJEURE
The following are to be considered force majeure if they prevent fulfilment of the agreement or make fulfilment unreasonably difficult: labor disputes or other events over which the parties have no control, such as unexpected events in the workforce, fire, war, mobilization, requisition, confiscation, currency restrictions, uprising, power outage and disruptions in telecommunications and Internet communications. The party is freed of their liability for damages for the duration of the force majeure.
The other party must be immediately notified by email or otherwise in writing of the existence of, the reason for and the cessation of a force majeure. Service Provider may notify of a force majeure also on the Service-related website.
10. RESCINDING THE AGREEMENT
Both parties have the right to rescind the agreement, if the other party is considered to be in material breach of the agreement and fails to cure that breach within one week of being notified in writing.
EN has the right to rescind the agreement effective immediately when the other party is placed in bankruptcy, corporate debt restructuring or receivership or becomes insolvent or delinquent on their payments, or when the other party becomes delinquent in relation to EN.
11. TRANSFER OF THE AGREEMENT
EN has the right to transfer this agreement and any rights and obligations hereunder to a third party. Customer has no right to transfer this agreement to a third party.
12. CHANGES TO THE AGREEMENT
Any terms of an individual agreement deviating from these terms should be agreed in writing. Service Provider has the right to unilaterally change the terms of the agreement, and these changes come into effect when the Service Provider announces them on a Service-related website and the terms have been available for review for one week. Should a Customer not agree to the change, they must notify the Service Provider within one week of the change coming into effect. Should the consumer Customer terminate the agreement due to the change, the changed terms will not apply during the period of notice. Once the period of termination ends, Customer’s right to use the Service ends and their credentials are invalidated. In any case, the Customer is considered to have agreed to the changes when using the Service after being notified of the change.
13. AGREEMENT PERIOD OF VALIDITY
The agreement is valid indefinitely. The agreement can be terminated with a period of notice of one month if not otherwise agreed. Termination must take place through email or otherwise in writing. Service Provider may also terminate the agreement by announcing it on their Service-related website.
Upon termination of the agreement period of validity, the right to use the Service, including any included Materials, under this Agreement ends. Despite the termination, the terms in this agreement regarding responsibilities remain in effect.
14. GOVERNING LAW AND SETTLEMENT OF DISPUTES
This agreement shall be governed by the law of Finland. Any disputes arising from this agreement or contractual relationship are primarily solved through negotiations but if agreement is not reached through negotiations, disputes are settled in ordinary court with the District Court of Helsinki as the first instance. Consumer Customer has the right to take disputes to the Consumer Disputes Board for resolution.
