Terms of Use
Terms of Use - Jan 2010
USER AGREEMENT
BreezeTags service (hereinafter "BreezeTags" or "Service") is operated by
BreezeTags Oy (hereinafter "us", "we" or "Company"). By accessing or using
the Service at www.breezetags.com or our mobile applications (together
hereinafter "Site"), you ("User") signify that you have read,
understand and agree to be bound by this User Agreement, whether or not
you are a registered user of BreezeTags. This User Agreement consists of two
parts: (I) Terms of Use and (II) General Terms. We reserve the right, at our sole discretion, to change, modify,
add, or delete portions of this User Agreement at any time without
further notice. Any changes to this User Agreement will be indicated at
the top of this page as the date these binding terms and conditions
were last revised. Continued use of the Service or the Site after any
such changes constitutes the User's acceptance of the new User
Agreement. If you do not agree to abide by these or any future User
Agreement, do not use or access the Service or the Site after this. It
is the responsibility of the User to regularly check the Site to
determine any changes to this User Agreement and to review such changes.
This User Agreement constitutes the entire agreement between the
User and BreezeTags regarding the use of the Site or the Service,
superseding any prior agreements between you and BreezeTags relating to your
use of the Site or the Service. The failure of BreezeTags to exercise or
enforce any right or provision of this User Agreement shall not
constitute a waiver of such right or provision in that or any other
instance. If any provision of the User Agreement shall be deemed
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from the User Agreement and without any
effect on the validity and enforceability of the remaining provisions.
You are also aware of our Privacy Policy located at www.breezetags.com
and incorporated into this User Agreement by this reference. In the
event of inconsistency between this User Agreement and the Privacy
Policy, this User Agreement shall prevail.
PLEASE READ THIS USER AGREEMENT CAREFULLY AS IT CONTAINS INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE
VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE
THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
I - Terms of Use
1 Limitations of Use
If you are legally incompetent to use the Service (such as to share
your personal information) in accordance with the local laws, for example due
to being underaged, you have to obtain a permission from your parent or
legal guardian to use the Service and the Site. By using the Site, the
User signifies that the above conditions are fulfilled and the local
legal requirements are obeyed when using the Service.
2 Registration Data
The User has to provide accurate, current and complete information
when filling any registration data on the Site ("Registration Data").
User has to maintain and update the Registration Data, and any other
information provided to the Company. The Company will use the
Registration Data in accordance with its Privacy Policy.
3 Account Security
The User has to maintain the security of password and
identification. The User is fully responsible for all use of the User's
own account and for any actions taking place through this account.
4 Proprietary Rights
4.1 Rights of BreezeTags
BreezeTags and Company graphics, logos, designs, page headers, button
icons, scripts and service names are trademarks or trade dress of BreezeTags. BreezeTags's trademarks and trade dress may not be used, including as
part of trademarks and/or as part of domain names, in connection with
any product or service in any manner that is likely to cause confusion
and may not be copied, imitated, or used, in whole or in part, without
the prior written permission of BreezeTags.
4.2 Rights to Site Content
All content on the Site and available through the Service, including
designs, music, sound and other files, text, graphics, pictures, video,
information, applications, software, and their selection and
arrangement (the "Site Content"), are the proprietary property of BreezeTags, its users or its licensors with all rights reserved.
4.3 Limitations to Using of Site Content
No Site Content may be modified, copied, framed, distributed,
reproduced, republished, downloaded, scraped, posted, displayed,
transmitted, or sold in any form or by any means, in whole or in part,
without the Company's prior written permission, except that the
foregoing does not apply to your own User Content (as defined below)
that you legally post on the Site and to which you have a copyright.
Provided that you are eligible for using the Site under these Terms
of Use, you are granted a limited license to access and use the Site
and the Site Content and to download or print a copy of any portion of
the Site Content to which you have properly gained access solely for
your personal, non-commercial use, provided that you keep all copyright
or other proprietary notices intact. Except for your own User Content,
you may not upload or republish Site Content on any Internet, Intranet
or Extranet site or incorporate or compile the information in any other
database. This license is subject to these Terms of Use and does not
permit use of any data mining, robots, scraping or similar data
gathering or extraction methods. Any use of the Site or the Site
Content other than as specifically authorized herein, without the prior
written permission of BreezeTags, is strictly prohibited and will terminate
the license granted herein. Such unauthorized use may also violate
applicable laws including copyright and trademark laws and applicable
communications regulations and statutes. This license is revocable at
any time without notice and with or without cause.
5 User Conduct
You understand that except for advertising programs offered by us,
the Service is available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of any kind
submitted through your account or otherwise posted, transmitted, or
shared by you on or through the Service will violate or infringe upon
the rights of any third party, including copyright, trademark, privacy,
publicity or other personal or proprietary rights; or contain libelous,
defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- use the Service or the Site in any unlawful manner or in any
other manner that could damage, disable, overburden or impair the Site
or a third party; - collect contact information of other users
from the Service or the Site by electronic or other means for the
purposes of sending unsolicited emails or other unsolicited
communications; - upload, post, transmit, share, store or
otherwise make available any content that we deem to be harmful,
threatening, unlawful, abusive, defamatory, infringing, inflammatory,
vulgar, harassing, obscene, fraudulent, invasive of privacy or
publicity rights, hateful, or racially, ethnically or otherwise
objectionable; - use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload,
post, transmit, share, store or otherwise make available any videos
other than those of a personal nature that: (i) are of you or your
friends, (ii) are taken by you or your friends, or (iii) are original
art or animation created by you or your friends; - upload,
post, transmit, share or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; - intimidate or harass another;
- register
for more than one User account, register for a User account on behalf
of an individual other than yourself, or register for a User account on
behalf of any group or entity; - impersonate any person or
entity, or falsely state or otherwise misrepresent yourself, your age
or your affiliation with any person or entity; - upload, post,
transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation; - upload, post, transmit, share, store or
otherwise make publicly available on the Site any private information
of any third party, including, addresses, phone numbers, email
addresses, social security numbers and credit card numbers; - solicit
personal information from anyone under 18 or solicit passwords or
personally identifying information for commercial or unlawful purposes; - upload,
post, transmit, share, store or otherwise make available content that
would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise
create liability or violate any local, state, national or international
law; - use or attempt to use another's account, service or
system without authorization from the Company, or create a false
identity on the Service or the Site; - upload, post, transmit,
share, store or otherwise make available content that, in the sole
judgment of Company, is objectionable or which restricts or inhibits
any other person from using or enjoying the Site, or which may expose
Company or its users to any harm or liability of any type.
BreezeTags is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
6 User Content Posted on the Site
The User is solely responsible for the photos, profiles (including
your name and image), messages, information, notes, text, video, music,
advertisements, listings, and other content that you upload, publish or
display (hereinafter, "post") on or through the Service or the Site, or
transmit to or share with other users (collectively the "User
Content"). You may not post, transmit, or share User Content on the
Site or Service that you did not create or that you do not have
permission to post. You understand and agree that BreezeTags may, but is not
obligated to, review the Site and may delete or remove (without notice)
any Site Content or User Content in its sole discretion, for any reason
or no reason, including User Content that in the sole judgment of BreezeTags violates this User Agreement or which might be offensive, illegal, or
that might violate the rights, harm, or threaten the safety of users or
others. You are solely responsible at your sole cost and expense for
creating backup copies and replacing any User Content you post or store
on the Site or provide to BreezeTags.
When you post User Content to the Site, you authorize and direct us
to make such copies thereof as we deem necessary in order to facilitate
the posting and storage of the User Content on the Site. By posting
User Content to any part of the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to BreezeTags an
irrevocable, perpetual, non-exclusive, transferable, fully paid,
worldwide license (with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in
part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the
promotion thereof, to prepare derivative works of, or incorporate into
other works, such User Content, and to grant and authorize sublicenses
of the foregoing. You may remove your User Content from the Site at any
time. If you choose to remove your User Content, the license granted
above will automatically expire. You acknowledge that BreezeTags may retain
archived copies of your User Content. BreezeTags does not assert any
ownership over your User Content but subject to the rights granted to
us in these Terms of Use, you retain full ownership of all of your User
Content and any intellectual property rights or other proprietary
rights associated with your User Content.
The User acknowledges and agrees that any questions, comments,
suggestions, ideas, feedback or other information about the Site or the
Service ("Submissions") provided by the User to BreezeTags are
non-confidential and shall become the sole property of BreezeTags. BreezeTags shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of
these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to the User.
7 BreezeTags Mobile Services
The Service includes certain services that are available via your
mobile phone, including (i) the ability to upload content and status
data to BreezeTags via your mobile phone (Mobile Uploads), (ii) the ability
to receive and reply to BreezeTags messages and to make postings in the
Service, (iii) the ability to browse BreezeTags from your mobile phone
(Mobile Web), and (iv) the ability to access certain BreezeTags features
through a mobile application you have downloaded and installed on your
mobile phone (Mobile Client) (collectively the "Mobile Services").
Besides our charges for these Services, which are subject to the Terms
of Sale, your mobile operator's normal messaging, data and other rates
and fees will also apply. We take no responsibility in any
circumstances of potential data transfer costs, or any other costs that
are charged by your carrier, operator or other service providers.
Downloading, installing, or using certain Mobile Services may be
prohibited or restricted by your operator, and not all Mobile Services
may work with all operators or devices. Therefore, you should check
with your operator to find out if the Mobile Services are available for
your mobile devices, and what restrictions, if any, may be applicable
to your use of such Mobile Services. By using the Mobile Services, you
agree that we may communicate with you regarding BreezeTags and other
entities by SMS, MMS, text message or other electronic means to your
mobile device and that certain information about your usage of the
Mobile Services may be communicated to us. In the event you change or
deactivate your mobile telephone number or change your device you agree
to promptly update your BreezeTags account information to ensure that your
messages are not sent to the person that acquires your old number or
account.
8 Copyright and other IPR Complaints
BreezeTags respects the intellectual property rights (IPR) of others and
we prohibit users from uploading, posting or otherwise transmitting on
the Site or Service any materials that violate another party's IPR.
When we receive proper Notification of Alleged Copyright Infringement,
we promptly remove or disable access to the allegedly infringing
material and terminate the accounts of repeat infringers. If you
believe that any material on the Site infringes upon any copyright
which you own or control, you may send a written notification of such
infringement to us at feedback@BreezeTags.com.
In appropriate circumstances and at BreezeTags's sole discretion, the
account of Users who are deemed to be repeat infringers may be
terminated. BreezeTags may also at its sole discretion limit access to the
Site and/or terminate the memberships of any Users who infringe any IPR
of others, whether or not there is any repeat infringement.
9 Third Party Material
The Site contains (or you may be sent through the Site or the
Service) links to other web sites ("Third Party Sites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software and other content or items
belonging to or originating from third parties (the "Third Party
Applications, Software or Content"). Such Third Party Sites and Third
Party Applications, Software or Content are not investigated, monitored
or checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third Party Sites accessed through the Site
or any Third Party Applications, Software or Content posted on,
available through or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Sites or the Third
Party Applications, Software or Content. Inclusion of, linking to or
permitting the use or installation of any Third Party Site or any Third
Party Applications, Software or Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access
the Third Party Sites or to use or install any Third Party
Applications, Software or Content, you do so at your own risk and you
should be aware that our terms and policies no longer govern. You
should review the applicable terms and policies, including privacy and
data gathering practices, of any site to which you navigate from the
Site or relating to any applications you use or install from the site.
BreezeTags offers a feature whereby users of the Site can share with
others or post to their own User profile, videos, articles and other
Third Party Applications, Software or Content from, and/or links to,
Third Party Sites through the Service ("Shared Services"). You agree
that your use of the Shared Services and all links, User Content or
Third Party Applications, Software or Content shared through the Shared
Services is subject to, and will fully comply with the user conduct
rules set forth above and the other terms and conditions set forth in
these Terms of Use.
II - General Terms
1 Disclaimers
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE
PROVIDED (IF AT ALL) BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY
BREEZETAGS. THE COMPANY ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
THE SERVICE, AND THE PRODUCTS AND SERVICES PURCHASED THROUGH THE
SITE, ARE PROVIDED OR SOLD "AS-IS" AND "AS-AVAILABLE" AND BREEZETAGS
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS
FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR THE PRODUCTS OR
SERVICES PURCHASED THROUGH THE SITE. COMPANY DOES NOT REPRESENT OR
WARRANT THAT THE SERVICE, OR THE PRODUCTS OR SERVICES PURCHASED THROUGH
THE SITE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR
THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE
CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND
USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information,
by trade name, trademark, manufacturer, supplier or otherwise does not
constitute or imply endorsement, sponsorship or recommendation thereof,
or any affiliation therewith, by the Company.
2 Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO
EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS
OR LOST DATA ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE,
OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, EVEN IF
THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID
BY YOU TO BREEZETAGS FOR THE PRODUCT OR SERVICE IN QUESTION, BUT IN NO CASE
WILL BREEZETAGS' LIABILITY TO YOU EXCEED €100. YOU ACKNOWLEDGE THAT IF NO
AMOUNT IS PAID BY YOU TO BREEZETAGS FOR THE PRODUCT OR SERVICE, YOU SHALL BE
LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW,
AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY,
REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN JURISDICTION'S LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
3 Governing Law, Venue and Jurisdiction
You agree that the laws of Finland, without regard to its principles
of conflict of laws, will govern this User Agreement, the Service and
your use and purchase of products and services through the Site. Any
dispute of any sort that might arise between you and BreezeTags or any of
our affiliates is governed by the same Finnish laws.
With respect to any disputes or claims, you agree not to commence or
prosecute any action in connection therewith other than in the courts
of Finland, and you hereby consent to, and waive all defenses of lack
of personal jurisdiction and forum non conveniens with respect to,
venue and jurisdiction in the courts of Finland.
In no event shall any claim, action or proceeding by you related in
any way to this User Agreement, the Service or any products or services
purchased through the Site be instituted more than one (1) year after
the cause of action arose.
4 Indemnity
You agree to indemnify and hold BreezeTags, its subsidiaries and
affiliates, and each of their directors, officers, agents, contractors,
partners and employees, harmless from and against any loss, liability,
claim, demand, damages, costs and expenses, including reasonable
attorney's fees, arising out of or in connection with your purchase or
use of any product or services through the Site, or any violation of
the User Agreement or of any law or the rights of any third party.
5 User Disputes
You are solely responsible for your interactions with other BreezeTags
users. We reserve the right, but have no obligation, to monitor the
disputes between you and other users.
