TERMS AND CONDITIONS FOR THE VIRUM APPLICATION AND RELATED SERVICES
- GENERAL
- Welcome to use the Virum Application (the "Application") and related services (jointly with the Application, the "Service"). The Service is provided by Four Ferries Oy ("4Ferries") in cooperation with Andelslaget ViRum ("ViRum"). Specific courses available in the Service may be provided by different third party service providers.
- These terms and conditions (the "Terms") apply to the Service. Please read these Terms carefully before using the Service. Using the Service indicates acceptance of the Terms. The acceptance constitutes an agreement ("Agreement") between the user ("You"; "User") and 4Ferries, and the Agreement enters into force after 4Ferries has accepted Your registration to the Service. By using the Service You also agree to the Privacy Policy that covers how we collect, store, use, and share Your personal data.
- RIGHT TO USE THE SERVICE
- Subject to the terms of this Agreement, and confirmed registration to use the Service, 4Ferries grants to You a non-exclusive, non-assignable and revocable right to use the Service for your own private use. The right granted under this Section 2 includes the right to download a limited number of copies of the Application on your laptop or other devices in your personal private use. You may not make or download additional copies of the Application than reasonably required by You to use the Service.
- If You are younger than 15-years of age, you need the permission of your legal guardian to register to use the Service and Your legal guardian needs to approve these Terms. Any reference to a User or You in this Agreement will in such case also include the legal guardian.
- The User must use his or her real name when registering. Registration requires the User to have a valid e-mail address in order to complete the registration. In conjunction with the registration, the User must submit all of the information that is marked as obligatory.
- The account that will be granted after the registration is personal and cannot be transferred or shared with third parties.
- 4Ferries will issue to You a personal user ID and a password which You must keep secret. You must choose a strong and secure password. You are responsible for all actions performed using Your account. You must immediately notify 4Ferries if You suspects that a third party has gained access Your account.
- You are responsible for providing accurate information and keeping the information up to date. You must communicate any changes in Your information to 4Ferries without delay.
- 4Ferries reserves the right to limit or cancel Your access rights at any time if 4Ferries suspects that Your account has been compromised by a third party.
- RESTRICTIONS
- You acknowledge that the Service, and its structure, organization and source code, contain copyrighted material, trade secrets and other proprietary material owned by 4Ferries, its suppliers and third parties. Accordingly, you may not, except to the extent permitted by any applicable law, (a) decompile, reverse engineer, disassemble or otherwise reduce the Service to a human-perceivable form, (b) modify, adapt, alter, translate or create derivative works from the Service, © merge the Service with other software, (d) sublicense, network, rent, lease, loan, or distribute the Service in whole or in part, or (e) otherwise use or copy the Service except as expressly permitted under Section 2. In addition, you may not electronically transmit the Service from one computer to another or over a network. All rights in and to the Service not expressly granted to you under this Agreement are reserved to 4Ferries, its suppliers and third parties.
- RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE USER
- You are solely responsible for Your account. By submitting and creating content to the Service, You accept and confirm that the content is not illegal, offensive, threatening, indecent, derogatory or otherwise unpublishable. You undertake to follow applicable legislation and respect all third-party rights when using the Service. 4Ferries has the right, but not the obligation, to check, adjust or deny the publication of any material produced by the User that 4Ferries deems inappropriate, and to modify the material produced by the User, especially if the material does not comply with laws or good practices.
- You acknowledge that an integral part of the Service is that the content submitted and created by You in the Service can be made available to Your school, teachers and other students as provided by the functionalities of the Service and in conformity with this Agreement. Similarly, You may use content provided through and in the Service as provided by the functionalities of the Service and in conformity with this Agreement.
- You retain ownership to Your content submitted to the Service. For the sole purpose of providing the Service to You in accordance with choices You make in the Service, You grant 4Ferries a non-exclusive, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, and create derivative works from the content that You submit to the Service. By utilizing the functionalities of the Service, You may choose the extent to which Your content is available for others to access and use as provided above. Unless You choose otherwise in the Service, Your material will be available for other users only in the context of the specific course you attend and to which You submitted the content.
- Specific courses or content, such as Paid Features (as defined in Section 5), accessible through the Service may be subject to additional terms and conditions set by the service provider (such as your school) providing the respective course in the Service. Such terms and conditions may, among other things, contain restrictions on how you may use, copy, distribute, modify or otherwise utilize the content provided to You in that course. You may be required to accept such third party terms before accessing the respective courses or content.
- 4Ferries is not responsible for the accuracy or reliability of the information presented in or accessed through the Service. 4Ferries expressly excludes any warranties of the accuracy of the information provided in the Service and the suitability of said information for a specific purpose. The Service may contain links or content provided by third parties and subject to such third parties own terms and conditions. By accessing such links or content You may be subject to such terms and conditions.
- PAID FEATURES OF THE SERVICE
- Downloading the Application, as well as different functionalities, courses or content in the Service ("Paid Feature") may be subject to payment of a service fee in accordance with the applicable price list. You will be alerted to any payment obligation in advance to downloading or accessing a Paid Feature. The service fee can be in the form of a one time payment or a recurring fee.
- Failure to pay the service fees due for a Paid Feature may result in that such Paid Feature becomes unavailable to the User, including the User’s own content included in the Paid Feature.
- RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF 4FERRIES
- 4Ferries has the right to produce the Service in a manner that 4Ferries deems best and to make changes to the Service and its content and availability as well as the requirements set for the equipment needed for using the Service at any time. Any new or changed features, tools or contents of the Service are subject to this Agreement.
- 4Ferries has the right to limit the User’s access rights or to prevent the User from using the Service if 4Ferries has reason to believe that the Service will be used for illegal or inappropriate purposes or in conflict with these Terms, or if the use will be to the detriment of third parties, other users, 4Ferries or the Service.
- 4Ferries may interrupt the Service temporarily if deemed necessary by 4Ferries for an upgrade or technical adjustment related to the Service, or if there is any other reason for said interruption. 4Ferries seeks to reasonably minimise the interruption and any inconvenience resulting from said interruption and to communicate any interruptions in advance where appropriate and possible.
- 4Ferries aims to repair any faults and failures in the Service during normal working hours without undue delay after receiving notification thereof.
- 4Ferries may use and share without compensation any and all feedback and/or suggestions provided by the User regarding the Service.
- DATA PROTECTION AND SECURITY
- The protection of our users’ personal data is of the outmost importance for 4Ferries. The personal data the User provides when registering for and using the Service is processed in compliance with applicable laws and 4Ferries’ Privacy Policy. For more information about how 4Ferries processes personal data, please visit our Privacy Policy.
- 4Ferries will take such measures and use efforts considered reasonable by it to ensure the data security of the Service. 4Ferries cannot however ensure that these efforts and measures will be sufficient and 4Ferries does not give any warranty against a breach of data security or assume any liability for loss or corruption of the User’s data or other damage resulting from any such breach. 4Ferries reserves the right to suspend the Service, or the User’s access to the Service, if considered necessary by 4Ferries to ensure the data security or proper functioning of the Service.
- TERMINATION
- This Agreement is effective until terminated. You may terminate this Agreement at any time by unsubscribing from the Service (and any Paid Features) and removing the Application and all copies thereof. This Agreement will terminate immediately without notice if you fail to comply with the provisions of this Agreement. No service fees paid will be returned to the User pursuant to a termination of the Agreement under this Section 8.1.
- 4Ferries shall be entitled to terminate this Agreement with immediate effect by giving You a written notice thereof. In the event that 4Ferries terminates the Agreement for convenience, 4Ferries will return to You such amounts prepaid by You for the Service and corresponding to the number of days following the date the Service was terminated.
- Upon termination all rights granted in this Agreement shall immediately cease to exist and you must promptly discontinue all use of the Service and remove the Application and all copies thereof.
- In spite of the termination of the Agreement, any rights, obligations and responsibilities of the parties that are based on the Terms and continue to be relevant after the termination of the account, such as liability for damages, will remain valid.
- DISCLAIMER OF WARRANTY
- The Service is provided to the User "as is" and "as available".
- All warranties express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, title or the non-infringement of third party rights are expressly disclaimed to the fullest extent permitted by law.
- No warranty or representation is given that the functionalities contained in the Service will meet any specific requirements, or that the Service will be uninterrupted or error-free, or that defects in the Service will be corrected or that any information, data or content in the Service will be stored or remain available. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty.
- 4Ferries is not required to provide any maintenance or support services with respect to the Service under this Agreement.
- LIMITATION OF LIABILITY
- 4Ferries shall not be liable for any consequential, incidental, indirect, exemplary, special or punitive damages, including without limitation any loss of data, content or information, or the loss of profit, savings, business or goodwill or other similar loss resulting from the use or inability to use the Service, even in the event that 4Ferries has been advised of the possibility of such damages, or for any claim by a third party.
- 4Ferries total aggregate liability to You for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) shall not exceed the lower of a) EUR 150; or b) the amount paid by You to 4Ferries for the Service in the previous six months.
- ASSIGNMENT
- 4Ferries may assign this Agreement to any company belonging to the same group of companies as 4Ferries, or to any third party in connection with an assignment of any part of the business to which the Agreement relates.
- GOVERNING LAW, DISPUTES AND SEVERABILITY
- This Agreement shall be governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be settled by the District Court of Helsinki.
- This Agreement is not intended to limit any right you may have under the mandatory provisions of applicable law in Your jurisdiction. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction that shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement; or (b) the legality, validity or enforceability in any other jurisdiction of that or any other provision of this Agreement.
- OTHER TERMS
- All waivers must be in writing. Any waiver or failure to enforce this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The headings of sections of this Agreement are for convenience only and are not to be used in interpreting this Agreement.
- This Agreement (together with the Privacy Policy) constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may only be modified in writing signed by an authorized officer of 4Ferries. 4Ferries may amend the Terms and the Privacy Policy from time to time by notifying You thereof in the Service or by email. Your continued use of the Service constitutes acceptance of the amended Terms and Privacy Policy.