END USER LICENSE AGREEMENT (“EULA”) FOR FLINGA APPLICATION
Applicable from March 2015.
This End User License Agreement (”EULA”) governs your use of the Flinga application (“Flinga”) regardless of the device used (browser, tablet or mobile phone). Flinga is a product of Nordtouch Oy, business ID 2482485-6, address: Majurinkatu 12 D 87, 02600 Espoo, Finland (“Nordtouch”). This EULA is a binding agreement between you and Nordtouch Oy.
This EULA constitutes an agreement on the terms of using Flinga and on your rights and duties as the user of Flinga. Please read this EULA carefully. By using Flinga you agree to the terms and conditions of this EULA. If you do not agree to these terms in their entirety, you may not use the Flinga application.
If the user is under 18 years old, the user must have his or her legal guardian’s consent to use Flinga. The minor must review and agree this EULA together with his or her legal guardian in order to guarantee that both the minor and his or her legal guardian understand and agree to this EULA.
Last modified March 2015.
Nordtouch hereby grants you a limited, personal, non-exclusive and non-transferable license to use Flinga in a manner permitted in this EULA and in accordance with other terms and conditions concerning Flinga. Your license does not include any commercial use.
Flinga is provided to you “as is”. This means that Nordtouch does not guarantee the performance of Flinga. Even though Nordtouch strives to keep Flinga in service, Nordtouch shall not be liable of any possible faults or give any performance assurance or guarantees of any kind. Nordtouch reserves the right to temporarily restrain access to Flinga if it is necessary for the operation of the application. For the avoidance of doubt, Nordtouch shall not have any liability for damages arising out of the faulty operation of the application, interruptions of use, any errors or defects in the application, any damages caused by the termination of Flinga in whole or in part, or any faults or disturbances caused to your devices or software.
You use Flinga at your own risk. Nordtouch reserves the right to restrict or restrain the use of Flinga as described in this EULA. You shall be responsible for any costs, direct or consequential, that using Flinga may cause.
2 USER CONTENT
You may upload pictures, links and other content (”User Content”) to Flinga. You are not allowed to upload pictures, marks or other content if you do not have the copyright or other intellectual property rights to such material or in case you are unsure of the ownership of such rights. If the use of certain material requires permission from the holder of a right, you are responsible for obtaining this permission prior publishing such material. You are responsible of the User Content you have uploaded.
You may not upload another person’s personal information (for example, pictures, contact information and other information directly connected to another person) to Flinga unless you have the explicit written consent of the person in question. The User Content may not be illegal or unlawful or against good practices. Content that is against good practices includes, for example, racism, pornography, violence and insulting or otherwise inappropriate behaviour. Nordtouch may at any time and without notice remove User Content if Nordtouch considers that the content violates this EULA or other terms and conditions of Flinga or that the content is illegal or unlawful or against good practices or harmful to Nordtouch, its users or a third party. In case you notice harmful content in Flinga, please report it to Nordtouch at firstname.lastname@example.org.
Nordtouch shall not be responsible for storing User Content in Flinga. In case you want to make sure that your User Content is kept at all situations, you should save it on your own device. Nordtouch does not retrieve or undelete any User Content or other content uploaded to Flinga or delivered to Nordtouch either on request or at its own initiative.
If a claim for damages is presented to Nordtouch because your User Content infringes the intellectual property rights or other rights of a third party, you shall be liable to reimburse Nordtouch for all direct damages caused.
3 CHANGES IN FLINGA
Nordtouch strives to develop Flinga and to ensure that the functioning of the application is as uninterrupted as possible. Nordtouch reserves the right to modify or remove the content, structure, operation times or other matters related to Flinga. In case these changes require you to modify your devices or software, or other measures from your part are needed, Nordtouch will seek to inform you about these changes in good time in advance. You shall be responsible for these changes in your devices or software at your own expense.
In addition Nordtouch may at any time and at its sole discretion stop offering Flinga in full or in part. However, Nordtouch will seek to the extent possible to announce this in good time in advance via Flinga or in some other way it deems appropriate.
4 DATA PROTECTION AND DATA SECURITY
Nordtouch strives to ensure the appropriate data security of the Services, but Nordtouch does not warrant any level of data security and disclaims liability for any third party attacks or security breaches. You are always responsible of the data security of your own devices when using Flinga.
5 THIRD PARTY CONTENT
Flinga may include content produced by third parties or links to such content. Nordtouch shall not be liable for such content unless otherwise provided by applicable mandatory laws.
6 INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in Flinga shall remain the exclusive property of Nordtouch and its licensors. You may not copy or otherwise reproduce Flinga or any part of it in any manner or form, unless otherwise explicitly specified in this EULA. Furthermore, you are not allowed to utilize Flinga in any unauthorized way, including unlimited loading of network capacity.
You will continue to have all copyrights and other intellectual property rights to your User Content. Notwithstanding the foregoing, you grant Nordtouch a worldwide, permanent, royalty-free, transferrable and sub-licensable right and license to use, modify and reproduce all of your User Content to the extent necessary for producing Flinga. Please note that your User Content will not necessarily be destroyed when you cease use of Flinga.
7 LIMITATION OF LIABILITY
Nordtouch shall not have any liability for indirect or consequential damage, including any damage caused by destruction of User Content or other material or information stored in Flinga. The foregoing limitation shall not apply to wilful misconduct or gross negligence.
You and Nordtouch have the right to terminate this agreement with immediate effect by way of a written notice. After the termination of this agreement you are no longer entitled to use Flinga.
Notwithstanding the termination of your license, the proprietary rights and intellectual property rights arising out of this agreement, as well as the right to claim damages and the limitation of liability provisions shall remain in effect.
You may not assign any rights or obligations under the EULA without Nordtouch’s prior written consent. Nordtouch shall have the right to assign this agreement to a third party in whole or in part.
Nordtouch may amend this EULA from time to time. When amending the EULA, Nordtouch will strive to notify you of these changes through Flinga. The amended EULA shall be applied as of the date notified by Nortouch. You shall be deemed to have accepted such amendments by continuing the use of Flinga.
This EULA shall not limit any rights you may have on the basis of mandatory consumer protection legislation or other mandatory legislation.
10 GOVERNING LAW AND DISPUTE RESOLUTION
The use of Flinga and this EULA as well as all matters arising out of or relating to this EULA and the use of Flinga shall be governed by the laws of Finland, without reference to its choice of law provisions.
All disputes arising from the use of Flinga or this EULA shall be primarily resolved through negotiations between the parties. If such negotiations prove unsuccessful, any dispute, controversy or claim arising out of or relating to the use of Flinga, this EULA or the breach, termination or validity thereof shall be finally settled in the District Court of Helsinki, Finland. You may also take legal action in the District Court of your place of residence.