Bobba® - Terms of Use
Last update: 06/10/2009
This agreement (“Agreement”) is a legal agreement between you (either an individual or single entity) and Sulake Corporation Oy, Korkeavuorenkatu, 35, 00130 Helsinki, Finland (“Sulake”) for the use of the Bobba® software (“Software”), the services accessible via such software, and services made available by Sulake via bobba.com (“Service”). BY INSTALLING AND USING THIS SOFTWARE BELOW YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE AND THE SERVICE.
1. Applicability, Additional Terms
You are permitted by Sulake to access and use the Software and the Service subject to the terms and conditions of this Agreement.
The terms and conditions of this Agreement are in addition to any Service or third party terms and conditions applicable to products and services which you may access or purchase through the Website ("Specific Terms"). The Specific Terms may be posted from time to time in connection with such products and services. In case of any discrepancy between the terms and conditions of this Agreement and Conditions and the Specific Terms, the Specific Terms will prevail to the extent of the inconsistency.
In case you have downloaded the Software via Apple, Inc.’s (“Apple”) App Store service (“App Store”), additional terms applicable to Apple Store and download and use of Software and Services may apply (“Apple Terms”). In case there exists a discrepancy between the Apple Terms and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail except where the Apple Terms provide that they prevail over Sulake’s terms.
2. User Accounts
2.1. Registration. To use the Software and the Service, you are required to register as an authorized user in the Service. Sulake has the right to choose and/or approve your user name and other account credentials. User name and other account credentials remain as Sulake’s property, and you have no rights to such credentials after termination of this Agreement unless otherwise agreed in writing between you and Sulake. Sulake reserves the right to make changes or require you to make changes to your username, password or other account credentials. You will be notified of such changes or of such request via the Service or otherwise.
2.2. Information. You must provide us with accurate and complete registration information about yourself and it is your responsibility to inform us of any changes to that information. Sulake is under no obligation to verity any such information related to you. Any Personal Information provided by you to us will be governed by the Privacy Policy applicable to the Service and the applicable Finnish Privacy laws. The Privacy Policy is incorporated herein by reference. In this Agreement “Personal Information” means personal information (“henkilötieto” in Finnish) as meant in the Finnish Privacy Laws. The collection and processing of your Personal Information data may be carried out by third party on Sulake’s behalf provided that such arrangement is in compliance with the aforesaid Privacy Policy and applicable laws.
2.3. Responsibility for Account Credentials. You are responsible for the security and proper use of all your user names and passwords used in connection with the Service and you must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorized people. You are responsible for all activities that occur under your password and account. You must inform us immediately if there is any reason to believe that your user name or password has, or is likely to, become known to someone not authorized to use it or is being or is likely to be used in an unauthorized way.
2.4. Forgotten or Lost Password. If you forget or lose a password or user name you must contact us and satisfy such security checks as we may from time to time operate. Please use the password retrieval tools made available by us from time to time to retrieve your forgotten password. We reserve the right to suspend user name and password access to the Service or any part thereof if at any time we consider that there is, or is likely to be a breach of security.
2.5. No Use of Other User’s Account Without Permission. You agree not to use another user’s name and password to access the Service without permission.
2.6. Unused Accounts. If your account has been unused and passive for six (6) months or more, we may delete it without notification to you.
2.7. Recommended Age. You represent and warrant to Sulake that you are at least seventeen (17) years old. Sulake reserves the right to suspend and/or terminate your account if Sulake reasonably believes that you are younger than seventeen. Account suspension and/or termination due to the aforesaid reason will be done at Sulake’s sole discretion and Sulake is under no obligation to actually terminate and/or suspend your account due to such reasons. You acknowledge that Sulake is not obliged to verify your age except as might be required by mandatory provisions of applicable law.
If you have downloaded the Software from App Store, additional terms regarding age may apply in accordance with the terms and conditions applicable to the use of App Store.
3. Provision and Use of the Service
3.1. Provision of the Service. Sulake has the right to provide in the Service in such manner as sees fit. Sulake has right to make changes to the contents, technology or use of the Service. If such changes require changes to your hardware or software, you have to make such changes at your own cost. For sake of clarity the Parties expressly agree, that Sulake may in future introduce charges Sulake pursues to notify you of upcoming material changes to the Service reasonably beforehand via the Service or otherwise. Sulake has the right to cease the provision of the Service in full or part. In case Sulake exercises the aforesaid right, it will pursue to notify you reasonably beforehand via the Service.
3.2. Hardware, Internet Connection. The Service does not include the provision of mobile device, computer or other equipment required to use the Service. To use the Service you will require supported mobile device or computer, Internet connectivity and appropriate telecommunication links. Your telecom carrier’s and/or your internet service provider’s data transfer and other charges apply to your use of the Service. Please consult your subscription agreement with your carrier or, where the Service is used with computer, your agreement with your Internet service provider, for more information on the data transfer and other costs. We shall not be liable for any data transfer, telephone or other costs that you may incur.
3.3. Acceptable Use of the Service. You agree to use the Service in a manner consistent with all applicable laws and regulations which apply to your use of the Service. The Service may contain functionalities with which you may chat with other users of the Service or with which you may submit messages and other content for publication within the Service. Without limiting the foregoing, you agree that when using the Service, you will not:
3.4. Unauthorized Access. You may not seek to obtain unauthorized access to the Service, Sulake's computer systems or database records. You also agree not to use any computer equipment that is the property of Sulake.
3.5. Own User Generated Content. You are responsible of any information, material and other content (“your UGC”) uploaded from your user account to the Service and/or via the Service to Sulake, other use of the Service or any third party. Without limiting anything set forth elsewhere in this Agreement, in particular you are responsible for the fact that your UGC does not disturb, harm or otherwise adversarily affect the Service, and that your UGC does not infringe any intellectual property right or other right of a third party. Sulake reserves the right to remove Your UGC from the Service. In case of claimed copyright infringements, as a Finnish corporate entity Sulake is under the obligation to abide by notice and take down procedures described in the Finnish Copyright Act (1964/404).
3.6. Charges. Sulake does not charge you to access the features currently available in the Service. However, Sulake reserves the right in the future to charge you to access or use some of the features currently available in the Service. If Sulake exercises its aforesaid rights, Sulake will give you fourteen (14) days' prior notice in the Service and you can choose to: (a) pay the relevant charges under the specific terms of service for those features at which point you will continue to have access to those features in the Service that you have paid for (in addition to those features in the Service for which there is no charge); (b) not pay the relevant charges, at which point Sulake will remove your access to those features of the Service for which there is a charge (and you will continue have access to those features in the Service for which there is no charge); or (c) exercise your rights under Section 8 to terminate this Agreement.
4. Maintenance of the Service, Error Correction, Information Security
4.1 Maintenance, Error Corrections. Sulake pursues to keep the Service available during possible separately publicized opening hours. Sulake pursues to fix any errors in the Software and the Service within reasonable period of time. Notwithstanding the foregoing, Sulake does not guarantee to you that the Software and the Service are available free of errors, nor does Sulake guarantee that the Service is available to you without any interruptions.
4.2. Temporary Interruptions in the Availability. Sulake has the right to temporarily shut down the Service or any part thereof in case Sulake has justifiable grounds to do so.
4.3. Information Security. Sulake pursues to provide the Service in such manner that third parties won’t be able to access your Personal Data or private communications. Notwithstanding the foregoing, Sulake cannot guarantee the Information Security of the Service or the level thereof.
5. Intellectual Property Rights
5.1. Software License. Sulake has made available certain software (the "Software") which you may download from the website of Service in order to use certain parts of the Service. The Software contains proprietary and confidential information and is protected by applicable intellectual property, copyright, and other laws. The Software is licensed, not sold. The Software is licensed for use on the Service only. Sulake does not grant you a license to use the Software for any other purpose. You agree to use Service only with the Software and not through any other means. You further agree not to create or provide any other means through which others may use Service, for example, through server emulators. You may not reverse engineer, decompile or disassemble the Software or the Service, including any proprietary communications protocol used by the Software and/or the Service. Copying, reproduction, modification, and creation of derivative works of the Software or any part of the Service to any other server or location for further reproduction, redistribution, selling, loaning, leasing, renting is expressly prohibited.
5.2. Content License. The Service may contain information, content and service made available and/or provided to you by Sulake, its licensor and third parties. Without limiting anything set forth in Section 5.1. above, you may not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any such information, content or services obtained from the Service. All right to such information, content or services belong to their respective proprietors. Such information, content and services are licensed for your personal, non-commercial use on the Service only. If the Party owning or providing the information, content or services has set some specific terms and conditions that apply to use, reproduction and/or dissemination of the same, you must adhere to such terms and conditions when accessing, downloading, using, distributing or any other way exploiting such information, content or service, and any right granted to you in relation to such information, content or service shall be subject to such adherence.
5.3. License to Your UGC. You grant Sulake and its affiliates a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, transferable license (with the right to sub-license any or all of the following rights) for Sulake, Sulake’s affiliates and Sulake’s subcontractor to edit, modify, remove, translate and transmit Your UGC, and to use, reproduce, broadcast, publish or otherwise display same worldwide in any form or format of media or technology, whether now known or developed in the future. You also grant other authorized visitors a non-exclusive license to access Your UGC through the Service, and to reproduce and display Your UGC through the Service. For sake of clarity, for the purposes of the foregoing, “through the Service” means also a situation where the Service is embedded or otherwise incorporated into any third party service.
5.4. BOBBA is a trademark of Sulake and may be registered in some jurisdictions.
6. No Warranty, Limitation of Liability, Indemnification
6.1. No Warranty. Your use of the Software and the Service is at your sole risk. Sulake does not give any warranties in respect of the Service or of the information, messages or of the content provided in it. In particular the Software and Service are provided on an "AS IS", "with all faults" and "as available" basis. To the extent allowed by applicable law, Sulake disclaims all warranties, conditions or duties of every nature whatsoever, including without limitation any implied terms regarding satisfactory quality, fitness for purpose, performance, non-infringement or the availability of the Service.
6.2. Limitation of Liability. Sulake will not be liable for any indirect or consequential damages or losses. Sulake’s liability for direct damages and losses shall not in any circumstances exceed the amount paid by you, if any, within last three (3) month for the use of the Service. Sulake will not be liable for damage or loss arising from force majeure. Furthermore, Sulake will not be liable for direct or indirect damages or loss arising out of delay, amendment or loss of any service, product or material that is communicated via the Service. In particular Sulake will not be liable for any interruptions or disruptions caused by errors or maintenance or deployment work, nor will Sulake be liable for any direct or indirect damage arising out of loss, delay or amendment of information that has occurred in connection with such interruptions or disruptions. Furthermore, Sulake will not be liable for any damages or losses caused by the Service or any harmful software (viruses, worms, Trojan Horses, etc.) contained in or accessible via the Service. In addition, Sulake will not be liable for damages or losses arising from any matters that you, other user of the Service or any third party is responsibility of. Sulake does not control or endorse the information, messages or content that has been created or submitted to the Service by users of the Service and, therefore, specifically disclaims any and all liability with regards to the said information, messages and content and your use thereof, as well as any actions resulting from the users’ participation in the Service.
6.3. Timeframe for Claims. You agree that you must commence any cause of action arising out of or related to the Service or this Agreement within six (6) months after you became or should have become aware of the cause of action. Otherwise, such cause of action is permanently barred.
6.4. Indemnity. You will indemnify Sulake, its subsidiaries, affiliates, officers, agents, licensors and licensees, transferors and assignees (“Indemnified Parties”) against all losses, liabilities, costs and expenses reasonably suffered or incurred by the Indemnified Party, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising our or in connection with:
(a) any claim by any third party that the use of the Service by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation, code of practice;
(b) any claim by any third party that the use of the Service by you infringes that third party's copyright or other intellectual property rights of whatever nature;
(c) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Service by you; and
(d) breach of any terms and conditions of this Agreement by you.
7. Amendments
Sulake may amend the terms and conditions of this Agreement at any time in our sole discretion. Your use of the Service following such change will constitute your agreement to be bound by the modified Agreement. If we reasonably think that a amendment of this Agreement under section will have a material detrimental impact on you, for example, we will give you adequate notice by email and you can exercise your right under section 9.2 to terminate this Agreement. We recommend that you regularly review the most up to date version of this Agreement.
8. Term and Termination
8.1. Term. This Agreement enters into force upon its acceptance and remains force until terminated by either Party. You must note that the Service and its functionalities and content are not pertinent, and that Sulake cannot guarantee that the Service or any services or products obtained via it remain unchanged.
8.2. Termination by Sulake. Sulake may terminate this Agreement with one (1) month’s prior notice to you.
8.3. Termination with Immediate Effect by Sulake. Without limiting anything to the contrary set forth elsewhere in this Agreement, Sulake has the right to terminate this Agreement with immediate effect in case (i) you are in breach of any provision of this Agreement, or any Sulake’s code of conduct applicable to the Service; or (ii) you have not logged into the Service with the last six (6) months. Sulake may in its sole discretion to decide to prevent your access to the Service in lieu of terminating this Agreement.
8.4. Termination by You. You may terminate this Agreement with two (2) week’s prior notice.
8.5. Notices. The termination notice must be made in writing or the notice must otherwise be furnished to the other Party by provable means via the Service f.ex. by Sulake sending a notice to the latest email address submitted by you to Sulake.
8.6. Effects of Termination. In connection with the termination of this Agreement Sulake shall within reasonable period of time prevent the use of the Service by you by preventing the use of your account credentials, and will furthermore delete space data and other data relating to your account in accordance with and in the timeframes set forth in its then current policies.
9. Governing Law, Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Finland, excluding its choice of laws provisions.
Any dispute arising out of or in connection with the Agreement or the Service shall be resolved in front of the District Court in the City of Helsinki, Finland, or alternatively, in case you are domiciled in Finland, in front of the District Court which has jurisdiction over you domicile. If you are not domiciled in Finland all disputes arising out of or in connection with this Agreement or the Service shall be resolved in front of the District Court in the City of Helsinki, Finland. Both contracting parties submit to the exclusive jurisdiction of the Finnish Courts.
10. Miscellaneous
10.1. No Waiver. Sulake's failure to exercise or enforce any right or provision of these Agreement does not constitute a waiver of such right or provision.
10.2. Partial Invalidity. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
10.3. No Assignment. You may not assign, sub-license or otherwise transfer any of your rights under this Agreement.