Terms & conditions of use.
These terms and conditions (“Terms”, “Agreement”) are an agreement between Datafisher Oy (“Website Operator”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the datafisher.com website, Datafisher LMS platform and/or any of our products or services (collectively, “Website” or “Services”). Please read this Agreement before using our Website or Services.
2. ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using our Website or Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access our Website or Services.
3. CONDITIONS OF USE
We provide our Services to you subject to the conditions described in this Agreement. Every time you visit our Website or use our Services, you accept these Terms & Conditions of Use, so we urge you to read this Agreement carefully.
4. PRIVACY NOTICE
Before you continue using our website, we advise you to read our Privacy Notice regarding our collection of user data. Our Privacy Notice will help you better understand our practices.
5. ACCOUNTS AND MEMBERSHIP
If you create an account on our Datafisher LMS platform, you are solely responsible for maintaining the confidentiality of your private user details (username and password) and the security of your account. Moreover, you are fully responsible for all activities that occur under your account or password as well as any other actions taken in connection with it. We may, but are under no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized use of your account or any other breaches of security. We will not be held liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We reserve all rights to terminate, suspend, disable or delete your account (or any part thereof) or edit and/or remove your content if we determine at our sole discretion that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We reserve all rights, but not the obligation, to remove and/or edit such content at our discretion. When you post your content, you grant Datafisher Oy the non-exclusive, royalty-free and irrevocable right to use, reproduce, publish or modify such content throughout the world in any media.
In no event shall we be held liable for any loss of any Content residing on our Website or provided through our platform. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your Content that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data or Content you need will be available, however.
7. LINKS TO OTHER WEBSITES
Although this Website may link to other websites, we neither directly nor indirectly imply any approval, association, sponsorship, endorsement or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, nor do we warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and/or content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website.
8. PROHIBITED USES
In addition to other terms as set forth in this Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, federal, provincial or state regulations, local rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You may not post content that we deem obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content must be free of software viruses, political campaigns and/or commercial solicitation.
9. INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transfer to you any intellectual property owned by Website Operator or third parties, and all rights, titles and interests in and to such property shall remain (as between the parties) solely with Website Operator. All trademarks, service marks, graphics and logos used in connection with our Website or Services are trademarks or registered trademarks of Website Operator or Website Operator licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.
10. ACCOUNTS AND MEMBERSHIP
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Datafisher Oy and/or its content creators and is protected by international copyright laws. The entire compilation of the content found on this website as well as the copyright authorship for this compilation is the exclusive property of Datafisher Oy.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors shall in no event be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) – however caused – under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one euro or any amounts actually paid in cash by you to Website Operator for the prior one-month period before the first event or occurrence giving rise to such liability. These limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails its essential purpose.
You agree to indemnify and hold Website Operator and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
14. APPLICABLE LAW
By visiting our Website or using our Services, you agree that the laws of Finland, without regard to principles of conflict laws, will govern these terms of service as well as any dispute of any sort that may arise between you and Datafisher Oy, its business partners and/or associates.
15. DISPUTE RESOLUTION
Any dispute related in any way to your visit to our Website or use of our Services shall be settled by the applicable Finnish court system, and you consent to the exclusive jurisdiction and venue of such courts. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Finland without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Helsinki, Finland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
All communication with us is electronic. Every time you send us an email, visit our website or use our Services, you communicate with us and therefore consent to receive communications from us. If you subscribe to news or social media feeds on our website, you may receive regular emails from us. We may continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
17. CONTACTING US
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected] or write a letter to Technopolis Ruoholahti 1, Hiilikatu 3, 00180 Helsinki, FINLAND.
18. CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website or Services after any such changes shall constitute your consent to such changes.
This document was last updated on 29 October 2019.