2. LICENSE AND USER INFORMATION
2.2 A User registering for the service must have full sovereign rights.
2.3 The Service Provider has the right not to grant access if all the requisite User data is not provided, if the information is provided inadequately or improperly, or if the User otherwise fails to meet the conditions for granting access.
3. USER’S RIGHTS AND RESPONSIBILITIES
3.1 The User ID and password are user-specific and may not be handed over or disclosed to a third party. The User is responsible for any service use performed with the User’s User ID. In the event of the password and the User ID coming into the hands of or being revealed to a third party, the User must inform the Service Provider without delay. The User will be released from responsibility for non-consensual use of the Service with the User’s Password and User ID when the Service Provider has received notification and has a reasonable time to prevent the use of the Service.
3.2 The User shall be liable for all direct and indirect costs incurred from the use of the Service.
3.4 The Service may not be used to present material contrary to law or good practice. This includes, but is not limited to, material that includes phrases, writings, or presentations that are racist, violate human dignity or violate privacy.
3.5 The Service may not be used for the purpose of providing, reporting or otherwise disseminating material protected by copyright, trademark law or other similar law, or in a manner that is harmful to, or prejudicial to, the Service Provider, other Users of the Service or third parties. The User is responsible for ensuring that the User has all the necessary copyright and/or other rights and/or the consent of the rightsholder to the material that the User publishes on the Service and to any other material the User sends, transmits or stores to the Service.
3.6 The User agrees not to send, transmit, or save to or through the Service material that is contrary to law or good practice and that the User is not encouraging others to do so.
3.7 The User shall receive and use the Service at the User’s own risk and shall be responsible for the acquisition, operation and proper protection of the equipment, connections and software required to use the Service.
3.8 The User shall be liable to the Service Provider and directly to any other party for any misuse of the Service contrary to any act of law or contract.
3.9 The User commits to sending Service recommendation requests only to persons from whom the User has received authorization to send information.
4. RIGHTS AND RESPONSIBILITIES OF THE SERVICE PROVIDER
4.1 The Service is, in principle, available 24 hours a day. However, the Service Provider is entitled to temporarily disable the Service or any part of it for maintenance, installation, modification, public order and safety, excessive load of the system or any other similar reason.
4.2 The Service Provider has the right to add, modify and delete parts of the Service, and to charge for the free sections of the Service or to terminate the Service in whole or in part. The Service Provider shall seek, whenever reasonably feasible, to inform the Users in advance of any modifications or interruptions to the Service that are relevant to the User by means of the Service or in any other way the Service Provider deems appropriate. As far as the sections other than those mentioned in 6.1 below are concerned, amendments will become effective as soon as they have been implemented.
4.3 The Service Provider does not provide any direct or indirect guarantees of the Service’s functionality or features and does not warrant that the Service will be operational without interruption and error-free.
4.4 The Service Provider is not liable for the content or its accuracy, except in case of information content that the Service Provider has created itself. The Service Provider is not responsible for the accuracy of links to materials outside of the Service nor for the content of the materials connected with the links. The instructions provided by the Service Provider in connection with the Service other than those for the use of the Service are, in principle, intended as indicative, and the Service Provider is not responsible for any damages resulting from their content or compliance. The service provider is not responsible, for example, for the validity of user information, the legality of the contents of the articles published by the User on the Service, their correctness or legality, or the accuracy of the information provided by the User. The Service Provider is not liable for the information content or the accuracy of the information provided by its Partners or Affiliates to the Service or for any damages resulting from or otherwise resulting in compliance with such information content.
4.5 The Service Provider shall not be liable for any damages or other harm to the User or third parties that may be caused by incorrect or inadequate user information.
4.6 In no event shall the Service Provider be liable for any direct or indirect damages in any way whatsoever related to the Service or its use, or for any information or notices available through the Service. The Service Provider is also not responsible for the User’s use of the Service or as a consequence of said use any malfunction, technical faults, malicious software, links or disruptions to the User or third parties.
4.7 The service is protected by copyright in accordance with Finnish law. The service includes copyrighted, trademarked or other material protected by intellectual property rights. The User may not distribute, publish, copy, make publicly available or otherwise commercially exploit any material contained in the Service unless expressly authorized by the Provider or any other rightsholder, unless subject to mandatory legislation. The User has no right to create a new service from the Service or any part thereof.
4.8 The copyright, industrial and other protected rights of the material contained in the Service are held by the Service Provider or its contractual partners. The copyright of the material provided by the user remains with the User, provided that the User, by virtue of existing legislation, creates copyright to the material in question.
However, the Service Provider has the right to use and link data, statistics, analyses and trends in the Service and its marketing that accrue through the Software, as well as in the business activities of the Service Provider and companies in the same group of companies.
4.9 The Service Provider has the right to remove any material from the Service that has been denied in the Service by the Service Provider or which, according to the Service Provider, is contrary to law or good practice, inappropriate, inaccurate, harmful or damaging to the Service Provider, Users or third parties. The Service provider is not obliged to inform of the removal of material to Users either prior to, or after removal.
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6. PROCESSING OF PERSONAL DATA
6.2 The Provider may disclose information about Users to the Police and other authorities, provided that disclosure is justified in order to carry out official duties.
6.3 Sensitive personal information regarding the User referred to in the General Data Protection Regulation (GDPR) shall not be collected or processed in connection with the Service. If a User makes an entry regarding blood glucose level in the Service, the User does so with the User’s own consent.
6.4 To monitor the use of the content of the Service, so-called cookies may occasionally be transferred to the User’s computer. Cookies gather information about how and when the Service is used. Using this information, the Service is further developed to serve Users better. In addition, the data is used in monitoring visitor numbers to the Service. The information collected by the cookies does not identify an individual User. You can read more about the cookies used by the Service Provider here.
6.5 All personal data collected is kept confidential. The service provider seeks through various technical measures and by the further development of said measures to prevent and minimize threats concerning unauthorized access to information, misuse of information and potential inaccuracy. However, no technical system is completely safe against system abusers and there is always a risk in data transmission and processing regardless of how the data is collected and processed.
7.2 Upon receipt of information regarding amendments, the User may, by e-mail or via the Service, terminate the entire agreement before the amendment enters into force. To terminate the agreement via the Service the User should delete the User’s own user account.
8. VALIDITY OF THE AGREEMENT
8.1 This Agreement shall enter into force when the User uses the Service and/or when the Service Provider grants the User access to the Service. If the Service Provider does not grant the User access, this Agreement shall not enter into force in any part.
8.2 The agreement is valid until further notice. The User may terminate the agreement if the User so desires at which time the agreement terminates immediately. After the termination of the agreement, the User is removed from the Service and will no longer have access to the Service.
8.3 Campaign specific rules should be read in conjunction with campaign activation.
8.4 Campaign specific rules apply specifically to campaigns.
8.5 The Parties shall be released from their obligations under the agreement for the time and extent to which the non-fulfillment of contractual obligations is due to force majeure. The grounds for exemption shall be deemed to be an unusual and relevant event which is inconsistent and relevant to the performance of the agreement and which is unrelated to the agreement and which cannot reasonably be avoided or overcome. Such an event is, for example, war, rebellion, requisition or seizure for the general need, suspension of power supplies, labor dispute, fire, thunderstorm or other natural phenomenon or other similar and unusual cause independent of the User or Service Provider.
9. TRANSFER OF THE AGREEMENT
9.1 The Service Provider has the right to transfer the Service and its maintenance, as well as related customer relationships, to the respective Company of the Service Provider.
9.2 The User is not entitled to transfer the User’s rights and obligations under this agreement to a third party. In particular, the User is aware that the License is personal and may not be handed over to a third party.
10. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
10.1 This agreement shall be governed by Finnish law.
10.2 Any dispute between the Service Provider and the User shall primarily be settled amicably by negotiation. If no agreement can be reached, disputes are to be settled in the District Court of Singapore.