Last updated: 6 November 2018
The Website is a proprietary product of VisionAppster and/or its licensors and suppliers and it is protected by copyright laws and international treaties. The limited right to use the Website defined in these Site Terms is granted by VisionAppster, subject to User strictly following these Site Terms and any other instructions that VisionAppster may have or provide.
By using the Website the User indicates that the User accepts, understands and agrees to be bound by the terms and conditions of these Site Terms. If User does not agree to all the terms and conditions contained herein, he / she must not use the Website.
2. USE OF WEBSITE AND LIMITATIONS THEREOF
Upon terms and limitations hereof VisionAppster grants to User for personal, non-commercial use only a limited, non-exclusive, non-transferable right to access, use and view the Website and Website content.
User can give feedback to VisionAppster, Website and VisionAppster´s website content. User acknowledges and agrees that all feedback will be the sole and exclusive property of VisionAppster and User hereby irrevocably assigns to VisionAppster and agrees to irrevocably assign to VisionAppster all of his / her right, title and interest in and all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. Feedback means the feedback, comments and suggestions for improvements to the Website that User provides to VisionAppster.
User acknowledges that he / she shall be solely responsible for any personal data or information that User chooses to disclose and make publicly accessible via the Website, and that under no circumstances VisionAppster will be liable in any way for the disclosure and public accessibility of such personal data or information.
User shall not:
(i) Use Website otherwise or for other purposes than expressly granted in these Site Terms or transfer any information in Website to any other computer or platform without VisionAppster’s consent, nor assign or transfer any of its rights and obligations to the Forum arising from these Site Terms to any third party without the prior written consent of VisionAppster;
(ii) Distribute, rent, lease, loan, sublicense or resell the Website or Website content or accompanying documentation or any part thereof nor the license or any copy of it;
(iii) Reverse engineer, decompile, disassemble, re-engineer, or otherwise create or attempt to create or permit, allow, or assist others to create the source code of any software contained on Website;
(iv) Attempt to scan, or test the vulnerability of any VisionAppster system or network or breach any security or authentication measures; or
(v) Remove, obliterate or otherwise alter VisionAppster’s or third parties’ proprietary rights notices.
(vi) Encourage or enable any other individual to do any of the foregoing.
3. INTELLECTUAL PROPERTY RIGHTS
User acknowledges and agrees that the Website contains proprietary information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees any content presented through the Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. VisionAppster or its suppliers retain all rights not expressly granted in these Terms, including without limitation modifications, amendments, enhancements or upgrades thereof and the accompanies documentation and all intellectual and industrial property rights and other proprietary rights.
Except as expressly authorized by VisionAppster or other third parties, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or its content, in whole or in part.
User agrees not to access or make an attempt to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
4. DATA LICENSE
5. NO WARRANTY
Documentation and any material of the Website is provided ”as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement of third party rights, or any accuracy of the content appearing in this website or any hyperlinked website. The Website may contain links to third-party websites or resources. User acknowledges and agrees that VisionAppster is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by VisionAppster of such websites or resources or the content, products or services available from such websites or resources. User acknowledges sole responsibility for and assume all risk arising from any use of such websites or resources. VisionAppster makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Website content obtained through the Website. For clarity, Website content means the text, graphics, images, documentation, information or other materials available through the Website.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall VisionAppster be liable for any special, direct, indirect or consequential damages whatsoever (including but not limited to, damages for loss of profits, revenues or data), arising out of or in any way related to the use of the Website. User agrees to defend, indemnify, and hold VisionAppster harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) User’s access to or use of any of the Website; or (ii) User’s violation of these Site Terms or any other agreement/license with VisionAppster. VisionAppster's maximum aggregate liability will be 15 % of the total amount of payments, if any, User has paid to VisionAppster or 50 Euros, whichever is higher.
7. LICENSE PERIOD
User agrees that VisionAppster may terminate, in its sole discretion, User password, account (or any part thereof) or use of the Website, and remove and discard any content within the Website, for any reason, including, without limitation, for lack of use or if VisionAppster believes that User has violated or acted inconsistently with the letter or spirit of these Site Terms. User agrees that any termination of his / her access to the Website under any provision of these Site Terms may be effected without prior notice, and acknowledges and agrees that VisionAppster may immediately deactivate or delete User account.
8. APPLICABLE LAW
All claims arising out of or relating to these Rules will be governed by the laws of Finland, excluding its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of Finland Chamber of Commerce. A dispute shall be resolved by three arbitrators. Notwithstanding the preceding sentences, claims for non-payment of monetary charges may be resolved in the district court of the respondent’s place of domicile if the respondent does not contest its payment obligation.
VisionAppster shall not be liable to the other for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of Force Majeure. For purposes hereof, events of Force Majeure are events beyond the control of VisionAppster whose effects are not capable of being overcome without unreasonable expense and/or loss of time to VisionAppster. Events of Force Majeure shall include (without being limited to) war, acts of government, export regulations, acts of terrorism, natural disasters, fire and explosions.
If, at any time, any provision of these Site Terms is deemed by a court of competent jurisdiction to be illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves to the extent possible the original purpose and commercial goal of the invalid provision. VisionAppster may update or alter these Site Terms subject to its sole discretion. New version of the Site Terms shall be available in Website.
A failure to exercise, or any delay in exercising, on the part of either party, any right or remedy hereunder shall neither operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.