These terms and conditions for Grumblo Service (“Terms of Service”) apply to registered users of the Service (defined below) (“you”), and govern your access to and use of the Service and any Content (as both defined below).
Grumblo website is an online platform operated by Voxatech Media Oy (“Voxatech”) which enables the users of the website to, for example, view and interact with videos, graphics, audiovisual combinations and other Content posted on the website by other users, and contribute to the Grumblo website by uploading user’s own Content (“Service”, which definition shall include also any associated software, hardware, applications and other components provided by Voxatech in connection with the provision of the online platform service).
For clarity, “Content” includes collectively the text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
You understand that the Service may contain links to third party websites that are not owned or controlled by Voxatech. Voxatech assumes no responsibility for any content, privacy policies, or practices of any such third party websites. By using the Service, you expressly relieve Voxatech from any and all liability arising from your use of any third-party website.
It is possible for you to use the Service without creating a user account. However, in order to access certain features of the Service (such as uploading and posting Content), you will have to create your own user account. You can create a User Account by following the registration link found on the landing page of the Service and providing the asked information. You agree that the information you provide is accurate and correct, and further, that you will update the information in case of changes.
You may not use another’s user account without permission. You must keep your login credentials (especially your account password) secure. You are solely responsible, and assume all liability towards Voxatech and other users, for any activity that occurs on your user account. If you suspect any unauthorised use of or security breach targeting your user account, you must inform Voxatech thereof immediately so that Voxatech can take appropriate action (such actions being determined by Voxatech).
You may close your user account at any time either by (a) using the close account feature provided for in the Service or (b) notifying Voxatech by email.
You agree that Voxatech may, immediately and without prior notice, temporarily or permanently terminate, close or suspend your user account and delete any of your Content if (a) you have breached these Terms of Service, (b) if Voxatech believes that your actions may cause damage, harm or legal liability to you, or to any vendor, partner, advertiser, other user, the public, or Voxatech, or (c) Voxatech is required to do so pursuant to applicable laws, regulations or orders of court or other authorities having competent jurisdiction.
When your user account is closed or terminated for whatever reason, except as set out in Clause 11 these Terms of Service no longer apply and, consequently, all rights granted to you pursuant to these Terms of Service shall end. Please note, that terminating your user account either by you or Voxatech does not affect the licence granted by you to your Content pursuant to Clause 4 of these Terms of Service.
Your Use of the Service
Voxatech grants you the rights to access and use the Service as set out in these Terms of Service, provided that you agree:
- To access and use the Service and Content solely for your information and personal use as intended through the provided interface and functionality of the Service and as permitted under these Terms of Service, and not to exploit the same for any other purposes;
- Not to modify, distribute, transmit, display, perform, copy or otherwise reproduce, publish, license, create derivative works of, transfer, or sell any Content other than your own Content unless authorised to do so by Voxatech;
- Not to upload, submit or post any Content that infringes any copyright, patent, trade mark, trade secret or other proprietary right of any third party or any other Content that you are otherwise not authorised to make available to the Service;
- Not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service or Content, or circumvent, disable or otherwise interfere with any security-related (including those preventing or restricting use or copying) features of the Service or Content;
- Not to upload, submit or post any defamatory, threatening, obscene, abusive, harassing, violent, unlawful or otherwise inappropriate Content (it being understood that Voxatech decides in its discretion whether any Content is deemed inappropriate or not);
- Not to use the Service for any illegal or unlawful purposes, or engage in any activity that interferes with or disrupts the proper working of or access to the Service (or the servers and networks which are connected to the Service);
- Not to upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, corrupted files, or similar software or programs;
- Not to link to, frame, or otherwise reproduce the Service;
- To comply with all applicable laws and regulations in your use of the Service; and
- That Voxatech may in its discretion decide to discontinue, modify or amend any aspect of the Service at any time without prior notice.
Your Content and Content Licence
As a registered user you are free to contribute Content to the Service, however, always subject to these Terms of Service.
You are solely responsible for your own Content and liable for the consequences that may arise from you submitting and publishing your Content on the Service. You expressly represent and warrant that you own all rights to the Content you submit or have all the necessary licenses, rights, consents, and permissions (including, without limitation, from copyright holders in respect of third party copyrighted material and persons appearing in the Content) to (a) publish Content you submit, and (b) to grant Voxatech the licence set out below.
You retain all copyright and other proprietary rights to your Content. However, by submitting Content on the Service, you hereby grant Voxatech a non-exclusive, unlimited, worldwide, perpetual, irrevocable, transferable, sub-licensable and royalty-free license to reproduce, modify, distribute, publicly display, make derivative works of, and otherwise use the Content in any form and media whatsoever, and for any purpose whatsoever, whether commercial or non-commercial. You also hereby grant each user of the Service a non-exclusive and royalty-free license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. You hereby disclaim any right to any compensation from Voxatech in connection with Voxatech’s exercise of its foregoing license rights in and to your Content.
You understand that Voxatech has no obligation to monitor the Service or any portion thereof. However, Voxatech reserves the right to review any Content and remove, delete, redact, or otherwise modify such Content, in its sole discretion, at any time, and may further refrain from displaying or posting any Content without notice or further obligation to you. When your user account is closed or terminated for whatever reason, Voxatech may in its discretion remove or delete any of your Content from the Service.
To the exclusion of its own Content, Voxatech shall have no liability in connection with any Content submitted to, transmitted via, or displayed or posted on the Service.
Infringement of Your Copyright
If you are an owner of copyright, and suspect that any Content infringes your copyright, pursuant to the Finnish Information Society Code (917/2014) you may submit a notification to Voxatech concerning the suspected infringement. The notification must be made in writing and shall include at least:
- The name and contact information of the notifying party;
- An itemisation of the material, for which prevention of access is requested, and details of the location of the material;
- Confirmation by the notifying party that the material which the request concerns is, in its sincere opinion, illegally accessible in the Service;
- Information concerning the fact that the notifying party has in vain submitted its request to the Content provider or that the Content provider could not be identified;
- Confirmation by the notifying party that he/she is the holder of copyright or neighbouring right or entitled to act on behalf of the holder of the right;
- Signature of the notifying party.
A notification that does not meet the foregoing requirements is invalid.
The foregoing notification is submitted using the contact details described in Clause 12.
Personal Data and Privacy
Rights to the Service
All rights, title and interest (including copyright and other intellectual property rights) in and to the Service (as amended from time to time) and any Content made available by Voxatech from time to time remain with and are the sole and exclusive property of Voxatech. No rights other than those expressly set out in these Terms of Service are granted to you.
Exclusion of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICE IS ALWAYS PROVIDED “AS IS” AND “AS AVAILABLE”. VOXATECH DOES NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THAT THE SERVICE OR CONTENT WILL BE AVAILABLE, UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, (C) THAT THE SERVICE (INCLUDING SERVERS) OR THE CONTENT IS FREE FROM VIRUSES, SPYWARE, TROJAN HORSES OR OTHER HARMFUL OR MALICIOUS CODE OR COMPONENTS, (D) ANY CONTENT, INFORMATION OR MATERIAL MADE AVAILABLE ON THE SERVICE IS ACCURATE, RELIABLE, COMPLETE, CORRECT OR SUITABLE FOR ANY PURPOSE. VOXATECH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VOXATECH ASSUMES NO LIABITY OR RESPONSIBILITY FOR THE FOREGOING.
Limitation of liability
Without prejudice to any other limitations set out in these Terms of Service, Voxatech’s liability for any direct loss or damages whatsoever incurred by you as a result of using the Service does not exceed the amount paid by you, if any.
Voxatech shall in no event be liable to you for any direct, indirect or consequential losses, expenses or damages whatsoever (including, without limitation, loss of profits, operation, goodwill or data or damage to any software or equipment used) that may arise from or in connection with your access to or use of the Service and/or Content.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Voxatech from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including without limitation reasonable attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.
Other Terms and Conditions
Ability to Accept. By accepting these Terms and Conditions you confirm that you are legally and fully able and competent to enter into the terms and conditions set out in these Terms of Service.
Assignment. These Terms of Service or any rights or licenses granted, or obligations arising, thereunder may not be assigned or transferred by you even in part, but may be assigned or transferred to a third party without restrictions by Voxatech.
Survival. Clauses 4 (except for the first paragraph), 6, 7, 9, 10 and 11 (paragraphs “Survival” and “Governing Law and Disputes”) shall continue to apply even if your user account is closed or terminated for whatever reason or you otherwise cease to use the Service.
Governing Law and Disputes. The Service and these Terms of Service are governed by the substantive laws of Finland, however, excluding its choice of law principles. Any claims or disputes arising from or in connection with the Service or these Terms of Service, that you and Voxatech are not able to resolve amicably, shall be settled in the District Court of Turku, Finland. By accepting these terms you agree to submit to the exclusive jurisdiction of the Finnish courts.
Amendments to Service and Terms of Service. Voxatech may change or amend the Service and these Terms of Service in its discretion without prior notice and further liability to you. However, Voxatech agrees to use reasonable endeavours to notify any changes to the Service or these Terms of Service before they become effective on the landing page of the Service, by e-mail or other manner it considers suitable.
In any questions, concerns or issues you may have relating to the Service or its use, please contact Voxatech at the following contact details.
Voxatech Media Oy, Veistämönaukio 1-3, 20100 Turku, Finland
TERMS AND CONDITIONS DATED: 2016/07/08