The terms of this agreement (“Terms of Service”) govern the relationship between you and VibeCatch Oy (Business ID FI27944511) and its affiliates (hereinafter “Vibecatch”, “Us” or “We”) regarding your use of the Vibecatch website (“Website”) and related services (the “Service”).
Before accessing or using the Service, including browsing any Vibecatch website, you must agree to these Terms of Service. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are are legally entitled to do so and you understand and agree to these Terms of Service.
By accessing, using or installing the service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access, use or install the service.
Vibecatch reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended terms on the Vibecatch Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, or any other Vibecatch policy, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service.
1. Basic Rules and Your Account
There are a few basic rules you have to follow during the use of the Service, so that others can use the Service as well.
The following actions are prohibited in the Service:
Taking illegal actions or otherwise infringing or breaking the law
Spreading viruses, worms, trojans or other malware in or via the Service
Spamming or otherwise harassing other users or the Vibecatch Staff
Interfering with the Service or its components
The following actions are prohibited in the Service without the express written permission of Vibecatch
Circumventing, cracking or otherwise breaking the technical and other means of protection of the Service
Searching, scanning, probing or testing the vulnerabilities of the Service
If you lose your password or suspect that a third party has otherwise gained or may gain entry to your account, you have to report it to Vibecatch.
If you infringe these Terms of Service, Vibecatch has the right to close your account and/or terminate your Service.
Vibecatch reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
2. IPR Infringements
If you believe that your IPR or other rights are being infringed in the Service, you may report it to us at firstname.lastname@example.org. If a rightsholder reports that content on the Service infringes on the rightsholder’s IPR, Vibecatch has the right to take action without giving express notice. If the provider of the content believes that the content does not infringe upon others’ rights, the provider may send a counternotice to Vibecatch, asking Vibecatch to return the content to the Service.
3. Service Level
Vibecatch endeavors to keep the service functional and online at all times, but makes no representations or warranties concerning this. On the contrary, non-functionalities, errors, “bugs”, “downtime” or interruptions may occur in the Service.
Vibecatch may modify or discontinue parts of the Service at any time. Vibecatch is not liable to compensate you for these modifications or discontinuations, except if you have paid for these functionalities in advance. Vibecatch will deliver all paid Services until the ongoing order period has ended.
Vibecatch has no liability or responsibility to maintain, provide assistance or help to, upgrade or update the Service or offer content via the Service.
4. Limitation of Liability
Vibecatch shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not Vibecatch has been advised of the possibility of such damages.
Vibecatch shall not be liable to you for more than the amount you have paid to Vibecatch in accordance with these Terms of Service in the two (2) months immediately preceding the date on which you first asserted a claim. You acknowledge and agree that if you have not paid anything to Vibecatch during such time period, your sole remedy (And Vibecatch’ exclusive liability) for any dispute with Vibecatch is to stop using the service and to cancel your account.
5. Force Majeure
Vibecatch shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Vibecatch, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Vibecatch’ control such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
6. Dispute Resolution and Law
You agree that all disputes between you and Vibecatch shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Vibecatch must be resolved exclusively in the Helsinki District Court.