1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with Newspek and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use Newspek. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
2. Your content
Posting content Newspek allows you to post content, including links and photos. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Newspek.
Feedback If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
Even though we work to protect the security of your content and account, Newspek cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
4. Third party links, sites and services
Our Products contain links to third-party websites or other events or activities that are not controlled by Newspek. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Newspek, you do so at your own risk and you agree that Newspek will have no liability arising from your use of or access to any third-party website, service, or content.
Newspek may terminate or suspend this license at any time, with or without cause or notice to you.
If you use our Products for commercial purposes you agree to indemnify and hold harmless Newspek and its respective officers and employees from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
Newspek specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWSPEK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL NEWSPEK'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED EUROS (100 EUR)
For any dispute you have with Newspek, you agree to first contact us and attempt to resolve the dispute with us informally. If Newspek has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by Arbitration in Finland.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
To the extent any claim, dispute or controversy regarding Newspek or our Products isn’t arbitrable under applicable laws or otherwise: you and Newspek both agree that any claim or dispute regarding Newspek will be resolved exclusively in accordance with Clause 10 of these Terms.
10. Governing law and jurisdiction
These Terms shall be governed by the laws of Finland. We each agree to submit to the personal jurisdiction of a court located in Tampere, Finland for any actions not subject to Section 9 (Arbitration).
11. General Terms
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Newspek without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Newspek's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Parties. These Terms are a contract between you and Newspek Oy