OpenLight Terms of Use
1. General
OpenLight Spots at spots.openlight.fi (”Service”) is an online media that uses social media tools to bring together lighting designers and companies. The Service is provided by OpenLight Factory Ltd (Business ID: 2428896-9; hereinafter ”OpenLight”). The Service offers lighting professionals information services and features a reference database with intelligent search functionality.
OpenLight provides the Service in accordance with these Terms of Use, and the user of the Service (“User”) confirms to have reviewed these Terms of Use (”Terms”) and the OpenLight Privacy Policy (which is part of these Terms) at spots.openlight.fi (hereinafter jointly the ”Agreement”), as currently in force, and to accept them.
2. Maintenance and Functionality of the Service, Changes
OpenLight represents that the Service conforms to these Terms, as well as that the Service is of high technical quality.
OpenLight endeavours to make the Service available to its Users uninterruptedly and error-free but OpenLight does not guarantee that the use of the Service will be uninterrupted or error-free and gives no express or implied warranties as to the availability or functionality of the Service.
OpenLight specifically disclaims any implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, system integration or data accuracy. No claims other than those specifically contained in these Terms have been made with respect to the Service, and the User shall not rely on any claims not expressly set out in these Terms. Further, OpenLight has no control over the Internet. OpenLight is not liable for the discontinuance of operation of any portion of the Internet, nor possible regulation of the Internet.
OpenLight will limit the duration of possible interruptions to the minimum. OpenLight will notify the Users of any scheduled interruptions in advance, where reasonably possible.
OpenLight continuously improves and develops the Service, and therefore content and features of the Service may be changed, added or removed at OpenLight’s discretion. OpenLight strives to minimize the negative impact of any changes in the Service. OpenLight shall make commercially reasonable effort to ensure the highest possible service level. OpenLight reserves the right to discontinue the availability of the Service or parts thereof by notifying the Users thereof.
OpenLight administers the Service and grants to the Users usernames, passwords or other credentials for the use of the Service in accordance with the agreed service specifications.
OpenLight reserves the right to temporarily close User’s account if the use of the account is not in compliance with these Terms.
3. Third-Party Services
Any third-party services shall be subject to such third party’s terms of service. Such services usually have their own customer service. Because OpenLight is not able to monitor such third-party websites and services, OpenLight does not assume any liability as to the availability of such websites or services or their contents, advertising, products or other material which are made available through such websites or services.
4. Liability for the Service
OpenLight shall be responsible for the Service and for any content made available by it in the Service. Nevertheless, OpenLight does not monitor or moderate the views expressed in the discussion forum or corresponding parts of the Service and OpenLight assumes no liability for these and, consequently, each User is personally responsible for their use of the Service and are obliged to use the Service as set forth in the Terms of Use applicable to the Users. OpenLight shall not be liable for any damages arising out of the use of any incorrect, incomplete or imperfect information contained in the Service.
The User shall be liable for any and all any content made available by it in the Service and may not use the Service in ways that are illegal or not allowed under these Terms.
OpenLight shall not be liable for any costs incurred by the User in connection with its use of the Service, such as possible fees charged by its internet service provider.
5. Limitation of Liability
Neither party shall be liable towards the other party for any loss or damage, whether direct, indirect, special or consequential, arising out of or in connection with these Terms.
In no event shall the aggregate liability of OpenLight, whether in contract, warranty, product liability, strict liability or other theory or otherwise, arising out of or relating to this Agreement exceed the total of Fees paid or payable by the User under these Terms during the past twelve (12) months before the issuing of the claim.
6. Service Fees and Payments
Some parts of the Service may be offered for a fee and use of such services is subject to payment of the relevant service fees and other possible charges. For-fee parts of the Service may require payment of a service opening fee and other charges based on the duration of the applicable license to use the Service or other fee basis as well as other possible charges specified in connection with the Service.
7. Rights to the Service and its Contents
The Service contains material that are protected by copyright, trademark and/or other intellectual property rights, such as information, databases, software, data, documentation, logos, trademarks, images, text. The intellectual property rights in and to the material in the Service are the exclusive property of OpenLight and/or its licensor(s). Without the express, written consent from OpenLight and/or its licensor(s), the User shall have no right to distribute, publish, copy, make available to the public or otherwise commercially use the material in the Service. For avoidance of doubt, it is noted that any and all any content made available by the User in the Community will be the property of the User.
The User may use the Service only as set forth in these Terms. The User may not use the Service in ways that are illegal or immoral. The Service is solely intended for the User’s business use, unless specifically provided otherwise in writing.
The User shall not have the right to assign its license to use the Service to third parties (including password or such other credentials related to the Service) or possible agreement concerning the services without obtaining a prior, written consent from OpenLight.
8. User’s Material
OpenLight does not pre-screen or monitor content that the User submits to the Service. OpenLight shall have the right (but not the obligation) to remove content that fails to comply with these Terms.
The User acknowledges that use of the Service may be subject to certain legal regulations, conditions and restrictions. The User must ascertain and comply with such regulations, conditions or restrictions and reasonably ascertain that the material submitted by it does not contain content that is illegal, false or misleading, , or violates the rights of others; or that it does not contain viruses or other malicious or harmful code. The User’s compliance with the above shall be deemed by OpenLight, at its sole discretion, and OpenLight reserves the right to delete material not in compliance with these Terms.
The User grants to OpenLight the right to use in its marketing activities any and all material that the User has submitted though the Service.
The User agrees to defend, indemnify and hold harmless OpenLight, 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 of Use or portion hereof, or any act or omission by you relating the Service.
OpenLight reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
9. Personal Information and Security
The User shall give to OpenLight correct personal and other information necessary for the use of the Service. The User shall inform OpenLight of any changes to such information.
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.
OpenLight shall take appropriate online and other measures to prevent unauthorized access to, improper use of and the reasonable accuracy of the User’s personal data submitted to the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on OpenLight’s servers is treated as confidential and is not generally available to the public. The User shall be liable for all its internal use and processing of personal information. The User shall be liable for all responsible for their own equipment, internet connectivity and software as well as that they do not cause harm to OpenLight and/or third parties.
10. Force Majeure
OpenLight shall not be liable to the User or deemed to be in default hereunder for non-performance or delays concerning the Service due to causes which are beyond the control of OpenLight and which occur after and were not reasonably foreseeable on the date of concluding this agreement. Such causes shall include without being limited to war, acts of government, strikes, natural disasters, power failure, fire and explosions.
11. Applicable Law
These Terms shall be governed by and construed in accordance with Finnish law.
Any dispute arising out of the Terms will be primarily settled in good-faith negotiations between the parties. Should the parties fail to settle the dispute this way within thirty (30) days, it shall be finally settled in the Tampere district court.
12. Amendments
OpenLight reserves the right to amend these Terms. OpenLight will notify any changes in these Terms to the User of the Service. The User shall have the right to terminate the Agreement concerning the Service in the event that the User does not approve the changed Terms.
Contact information:
OpenLight Media Ltd
Email: media@openlight.fi