TERMS OF SERVICE
Last Modified: November 23rd, 2016
These terms of service (“Agreement”) are a legal agreement between you (“you” or “user”) and Hundred.org Oy (“HundrED”) for the purpose of using the Hundred services like Hundred, dreamdo and campus seminars, a toolset for teachers, available at edu.dream.do, dream.do, hundred.do, campusseminar.com, hundred.org and triplet.io, website, application, or other channels through which HundrED may make the HundrED services available (“Service”), and which is offered to you by Hundred on the terms and conditions set forth herein, and agreed upon by and between you and HundrED. By accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement.
THE SERVICE IS PROVIDED TO YOU UNDER THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICE.
You may also be required to have a valid account on the third-party service through which you access the Service by using single sign-on authentication. However, the Service is not affiliated with, endorsed, or sponsored by any such service. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that You are personally responsible for the use of your password and Account and for all of the communication and activity in connection with the Service that results from use of your Account using your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account.
2. Grant of License
The Service contains material owned or licensed by HundrED that is protected by copyright, trademark, patent, trade secret and other laws. HundrED and its licensor’s own and retain all rights in the Service and the materials contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the material owned by HundrED and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the material owned by HundrED.
The Service is licensed to You subject to the terms and conditions (as currently in force) set forth in this Agreement and for Your personal or commercial (meaning use of the Service within Your company or other organization only by employees or other members of such organization) use only, and subject to the limitations contained herein. If you are entering into this Agreement on behalf of a company or other legal entity, you represent to have the authority to bind such entity to this Agreement.
HundrED hereby grants to You and You fully accept, a personal, non-exclusive and non-transferable right to access the Service online (through the available channels) and/or use only the executable version (no source code) of the Service application for your personal or commercial use. The Service comprises the online Service or the relevant Application that enables You to use the Service.
Notwithstanding anything contained in this Agreement to the contrary, HundrED may, due to Your failure to comply with these Terms and Conditions, in its sole discretion, terminate or suspend Your access to the Service at any time.
You hereby acknowledge and agree that HundrED shall have no liability whatsoever in connection with or arising from Your use of the Service, as set forth herein. HundrED shall in no event be liable, whether in contract, warranty, tort (including negligence), product liability, but not limited to these, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) in connection with or arising out of the use or inability to use the Service, even in the case that You have been informed of the possibility of such damages. Your only right or remedy regarding any problems or dissatisfaction with the Service is to uninstall it and/or cancel Your Account and discontinue your use of it. As it may be, some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
If you download an application for accessing the Service, you may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. You understand that this Agreement does not entitle You to future updates, new versions or other enhancements of the application although HundrED may choose to provide such updates, etc. in its sole discretion. All upgrades and updates are provided to You on a license exchange basis. You agree that by using an upgrade or update You voluntarily terminate your right to use any previous version. Upgrades and updates may be licensed to You by HundrED with additional or different terms.
3. User Content
HundrED does not pre-screen or monitor content that You as an end-user submit to the Service (“User Content”). All User Content that You post to the Service will be subject to Your privacy settings, as further described below. HundrED shall have the right (but not the obligation) to remove or disable access to User Content that fails to comply with these Terms and Conditions.
The User acknowledges that use of the Service (including submitting User Content) may be subject to certain agreements, laws, regulations, conditions and restrictions. The User must ascertain and comply with such laws, regulations, conditions or restrictions and reasonably ascertain that the User Content submitted by the User does not contain material that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the intellectual property and/or other rights of others; or that it does not contain viruses or other malicious or harmful code; or that it does not interfere with another user's user experience.
The User acknowledges and agrees that all User Content, whether publicly posted or privately transmitted, to the Service is the sole responsibility of the User from whom such User Content originated, and that the User is solely responsible for any User Content uploaded, posted, transmitted, store or otherwise made available through User’s use of the Service. The User agrees to defend, indemnify and hold harmless HundrED, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including attorneys' fees, arising from or related to your breach of these Terms and Conditions or portion hereof, or any act or omission by the User relating to the Service (including User Content). HundrED reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.
4. Ownership of User Content
HundrED does not use User Content for commercial purposes and we won’t sell User Content to advertisers or other third parties without an explicit permission from the User.
Please note that the provision of User Content to the Service might be subject to a separate agreement between you and HundrED, in which case such separate agreement might apply to the intellectual property rights and use of such User Content as agreed between You and HundrED.
To the maximum extent permitted by applicable law, except as provided above, HundrED MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICE IS LICENSED “AS IS” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
6. Limitation of liability
You understand and acknowledge that HundrED will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system's performance. HundrED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF HundrED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF HundrED IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE WARRANTY AND REMEDY SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
8. The User shall give to HundrED correct personal and other information necessary for the use the Service. The User shall inform HundrED of any changes to such information. You also agree that in the event that you access the Service through your social networking site account, the information on your social networking site account is accurate, current and complete.
The User shall be liable for all use of the Service with the User’s user name, password or such other credentials and not to disclose them to any third parties. HundrED shall take appropriate online and physical measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to HundrED via the Service.
The User shall be liable for all responsible for the User’s own equipment, internet connectivity and software as well as that they do not cause harm to HundrED and/or third parties.
Some services are made available for free and some services may be available subject to a payment of the relevant service fees. Where You attempt to use a paid-for service, You will always be notified of the applicable service fees before completing the transaction. HundrED may also make the use of the Service subject to a payment of the relevant service fees.
HundrED shall have no obligation to provide support or maintenance for the Service under this Agreement. HundrED may, at its sole discretion, provide limited technical support for the Service.
As long as Your license for the Service is valid You are entitled to use the latest version of the Service. HundrED may occasionally update these terms. When we do so, we will also revise the ”last update” date and, in case of a material update affecting your rights hereunder, notify our registered Users by email. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.
If HundrED is involved in a reorganization, merger, acquisition or sale of our assets or Services or some of our individual assets or Services, your information may be transferred as part of that deal and outline your choices in that event. You will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of your personal information.
12. Term and Termination
This Agreement shall govern Your use of the Service and related software and media during the term of this Agreement. HundrED shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to You. This Agreement is in effect for the time being. Your right to use the Service continues until this Agreement is terminated. You may terminate this Agreement at any time by ceasing to use the Service. This Agreement will automatically terminate if You fail to comply with the material terms of this Agreement. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with HundrED.
13. Dispute Settlement and Applicable Law
This Agreement shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions. All disputes relating to the Service and this Agreement shall be settled at District Court of Helsinki, Finland having the sole jurisdiction.
Business ID: 2446581-4
Address: Tarkk'ampujankuja 1, 50100 Mikkeli, Finland