Terms of Use

TERMINOLOGY

“Content” shall mean all data such as video, audio, images and text.

“Services” shall mean the services offered by the Site, as amended, expanded, modified or reduced from time to time.

“Site” shall mean the site existing at Internet address www.thirdpresence.com.

“Territory” is the country or countries in which User uses the Services.

“User” is a private person of legal age with sufficient legal capacity to enter into legally binding agreements.

“User ID” are identifiers of the User including but not limited to e-mail address, user names, passwords etc. that are required to access certain parts of the Site and/or to use the Services. ThirdPresence may amend, modify, expand or reduce the User ID conditions at any time.

ACCEPTANCE

By using the Services, User confirms (1) that he or she is of legal age and meets the legal conditions to commit to the Terms and Conditions and to use the Services (2) that User has read, understood and agrees to the Terms and Conditions and (3) that User will always abide by the Terms and Conditions.

USER’S OBLIGATIONS

User warrants and confirms that all User information provided to ThirdPresence is accurate and complete. User will update his or her information if any changes occur.

User agrees to keep the User ID confidential and to only use his or her User ID when logging in and using the Services. User shall immediately notify ThirdPresence if User suspects any unauthorized use of his or her User ID. ThirdPresence may suspend or cancel a User account if ThirdPresence discovers that the User ID has been abused.

In using the Services, User undertakes not to circumvent the technical measures implemented to restrict usage of the Services. User further undertakes to always abide by all applicable laws including foreign and international laws. User further undertakes to refrain from any activities that violate the aforementioned provisions or third parties’ rights or which are offensive, unethical or inappropriate. User will refrain from any action which damages or could damage or destroy third party property such as e.g. computers, hardware, networks, software or data which circumvents, interferes with or otherwise hinders or hampers the functionality or the use of the Services.

It is the User’s sole responsibility to examine whether the use of the Services requires any authorization from or registration with any state or other authority, whether any fees apply or whether any copyright royalties are due. User acknowledges and agrees that he or she will comply with such obligations at all times.

User is solely responsible for any fees generated by the use of Services including any costs for transmitting and downloading data etc.

User may not decompile, reverse engineer, disassemble or otherwise intend to make the software used in combination with the Services, including the source code, available to third parties, unless explicitly permitted by other agreements.

User undertakes to immediately notify ThirdPresence of any defects, disruptions or non-availability of Services which it gains knowledge of.

User is solely responsible for any content provided by User or sent via User’s account in relation to the Services. In particular, User is solely responsible for the compliance of such User content with the applicable legal provisions and the Terms and Conditions. ThirdPresence is not obliged in any way whatsoever to examine whether User content complies with pertinent laws and regulations. User is furthermore responsible that such content does not violate any third party rights such as copyrights etc. and that such content does not violate human dignity or that it is not discriminatory with regard to gender, religion, race, politics or is in any other way offensive.

User shall hold ThirdPresence, its parent companies, affiliates, subsidiaries, officers, directors, employees, agents, suppliers or auxiliary persons harmless from any claims of third parties filed against any or all of the aforementioned parties, arising out of the violation of any of the obligations, representations or warranties of User.

INTELLECTUAL PROPERTY

The software developed by ThirdPresence and all data and information displayed on the Site is copyright protected or otherwise protected by intellectual property rights and may not be used without the consent of ThirdPresence.

DATA PROTECTION

User agrees that ThirdPresence collects and processes certain personal data of user in accordance with the Privacy Policy. The actual and legally binding version of the Privacy Policy is published on the Site and is valid as of the date of its publication. It is User’s sole responsibility to consult the Site from time to time, to take notice of any amendments to the Privacy Policy and to abide by such amendments. If User does not agree with such amendment, User shall cease to use the Service.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

User acknowledges and agrees that the use of the Services is at the User’s sole discretion and risk.

ThirdPresence does not represent, warrant or claim, whether expressly or implied that it has all right and title to the Services and that the Services do not violate third party rights.

The Services including the software provided by ThirdPresence or by suppliers authorized by ThirdPresence are provided “as is”. ThirdPresence makes no express, implied or statutory representations, warranties or claims with regard to the quality, availability or performance of the Services.

In particular, ThirdPresence does not represent, warrant or claim that the Services are up to date, merchantable, state of the art, accurate, legal, secure, reliable and free of defects, errors, bugs, spam, viruses, worms, Trojan horses, spyware, unauthorized third party access (e.g. hacking) or that they are appropriate for the purposes of User. ThirdPresence does not represent, warrant or claim that any defects, errors etc. or any other disadvantages of the Services will be corrected. Further, ThirdPresence does neither represent, warrant nor claim the continuous and uninterrupted accessibility and availability of the Services, the timely provision of the Services nor the error-free transmission of the Services and Content without loss of data packages etc.

ThirdPresence is not liable for any violation of legal provisions or for damages of third party rights which result from the misuse of the User ID.

LIMITATION OF LIABILITY

ThirdPresence disclaims any liability in connection with the Services to the extent legally permissible. Liability for any indirect, incidental, special or consequential damages arising out of the use of the Service, for negligence and force majeure is fully disclaimed.

In no event shall ThirdPresence, its affiliates, parent companies, its subsidiaries, officers, directors, employees, agents or suppliers be liable for any of the aforementioned events or for the inability to use the Services. Further, ThirdPresence shall in no event be liable for any damages arising from the illegal use of the Services.

ThirdPresence shall not be liable for any content transmitted by the Services.

The right of User to seek relief with regard to the Services is limited to ceasing the use of the Services.

TERM

The right to use the Services is granted as from the date on which User accepts the Terms and Conditions and pays the fees for the Services, if any. Such right is granted for an unlimited period of time, subject to the compliance with applicable law and payment of the fees for the Services, if any.

User may cease the use of the Service at any time. In such case, User will not be entitled to the reimbursement of any fees paid for the Service.

ThirdPresence may at any time discontinue the provision of the Services or of part thereof without having to notify User, without having to give any reason for the cessation of the Services to User and without giving right to any claim for compensation to User, except for the pro rata reimbursement of the fees paid for the Services, if any.

ThirdPresence will not be liable for any damages caused by cessation of the Services.

All fees paid by credit card will be charged at the time of subscription and on a monthly basis thereafter.

GENERAL

ThirdPresence may at any time modify, reduce or expand the scope of Services.

User may not assign or transfer any rights or obligations arising out of these Terms and Conditions to any third party. ThirdPresence may assign any rights and obligations arising out of these Terms and Conditions including the provision of certain or all Services or parts of it without User’s consent.

ThirdPresence reserves the right to modify and to amend these Terms and Conditions at all times and at its sole discretion without having to notify the User of any such modifications or amendments. The actual and legally binding version of the Terms and Conditions is published on the Site and is valid as of the date of its publication. It is the User’s sole responsibility to consult the Site from time to time, to take notice of any amendments and to abide by such amendments.

Should any provision of these Terms and Conditions be deemed invalid, void or unenforceable the remainder of the Terms and Conditions shall remain in force. In such event the invalid, void or unenforceable provision shall be replaced by a valid or enforceable provision which best reflects the commercial purpose of the invalid, void or unenforceable provision. The same shall apply in the event of a contractual gap.

The original version of these Terms and Conditions has been drafted in English. In the event of inconsistency or discrepancy between different language versions, the English version shall prevail.

This agreement shall be governed by and construed in accordance with the laws of Finland.

The place of jurisdiction shall be Helsinki, Finland, subject to compulsory places of jurisdiction. User hereby consents to and irrevocably submits to the exclusive jurisdiction of the Helsinki courts.