Applicable from 11/09/2015
Last modified 11/09/2015
Welcome to Hybe! Hybe is [a cross-media platform] provided by EM Group Oy (www.emgroup.fi) hereinafter “Hybe”) currently available as an Internet site, iOS and Android mobile applications and social media platforms and provided under names “Hybe”, “hybemedia” and other like names that may be used from time to time (jointly as “Hybe”).
Hybe reserves the right, at its discretion, to make changes to these Terms by posting the updated Terms on Hybe’s website [add link] and on Hybe at least 30 days before the changes take effect. If you do not accept the change of Terms, you are no longer entitled to use Hybe. You will be deemed to have accepted such changes by continuing to use Hybe.
License, Intellectual Property Rights
Hybe grants you a non-exclusive, non-transferable, non-sublicenseable worldwide and limited license to use Hybe for your personal non-commercial use during the term of Agreement in accordance with these Terms.
All right, title and interest in and to Hybe and any material on Hybe, including all associated intellectual property rights, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights and other intellectual property rights, whether registered or not, and applications of any of the foregoing, shall be the exclusive property of Hybe and its licensors. All rights not expressly granted to you herein are reserved by Hybe.
Unless expressly authorized by applicable mandatory legislation, Hybe or any part of it may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Hybe.
2. Access to Hybe
Some parts of Hybe may require registration and a personal username and password and/or any other identification details that Hybe may require or assign to you (together “Identifiers”).
You agree at all times to take all necessary steps to safeguard your Identifiers. You agree not to disclose them to any third parties. If you become aware of any unauthorized use of your Identifiers, you agree to notify Hybe of such use without any delay. To the extent permitted by applicable law, Hybe shall not be liable for any third party access to or any use of Hybe with your Identifiers until you have notified Hybe as described above and Hybe has thereafter had a reasonable time to block the unauthorized use of Hybe.
3. User Content
You acknowledge that you are solely responsible for any submissions you make to Hybe, if such function is offered by Hybe as a part of Hybe (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs) (each, a "User Content"). Hybe does not review User Content and is not responsible for any User Content on Hybe.
User Content may not be illegal or unlawful or against good practices. Content that is against good practices includes, for example, racism, pornography, violence and insulting or otherwise inappropriate behaviour. Hybe may at any time and without notice remove User Content if Hybe considers that the content violates these Terms or other applicable terms and conditions or that the content is illegal or unlawful or against good practices or harmful to Hybe, users of Hybe or a third party. In case you notice harmful content on Hybe, please report it to Hybe at firstname.lastname@example.org.
You will continue to have all copyrights and other intellectual property rights to your User Content. Notwithstanding the foregoing, you grant Hybe a worldwide, permanent, royalty-free, transferrable and sub-licensable right and license to use, modify and reproduce all of your User Content to the extent necessary for producing Hybe. You acknowledge that your User Content may be edited, removed, modified, published, transmitted, and displayed by Hybe. Please note that your User Content will not necessarily be destroyed when you cease use of Hybe. Hybe shall not be responsible for returning any User Content upon termination of Agreement.
4. No warranties
You understand and agree that your use of Hybe is at your own risk. Hybe is provided to you on an “as is” and “as available” basis. This means that Hybe does not guarantee the performance of Hybe. Even though Hybe strives to keep Hybe available at all times, Hybe shall not be liable of any possible errors or disruptions in the use of Hybe or give any performance assurance or guarantees of any kind. To the maximum extent permitted under applicable law, Hybe expressly disclaims all warranties, whether express or implied, of merchantability and fitness for a particular purpose.
You shall be responsible for any costs, direct or consequential, that using of Hybe may cause. You understand and agree that Hybe does not provide professional advice of any kind and that use of such advice or any other information is solely at your own risk and without liability of any kind.
5. Changes in Hybe
Hybe reserves the right to modify Hybe or remove the content, structure, operation times or other matters related to Hybe or make any parts of Hybe subject to registration or a separate charge. However, in no event will you be charged for access to Hybe or any part of Hybe unless we obtain your prior agreement to pay such charges. New features of Hybe may be subject to special terms and conditions.
Hybe may at any time and at its sole discretion stop offering Hybe in full or in part without any liability to the users of Hybe. Hybe reserves the right to temporarily restrain access and use of Hybe as necessary for Hybe.
In case the changes in Hybe require you to modify your devices or software, or other measures from your part are needed, Hybe will seek to inform you about these changes in good time in advance. You shall be responsible for these changes in your devices or software at your own expense.
Hybe will seek to the extent possible to announce changes and interruptions in the use of Hybe in good time in advance via Hybe or in some other way it deems appropriate.
6. Third party content
Hybe may include links to third party content and/or the third party content may be made available to you via Hybe, including articles, videos, music and other third party content made available from time to time.
All third party contents are subject to their respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. In no event is Hybe responsible or liable for such third party content, unless otherwise provided by applicable mandatory laws.
7. Data protection
8. Limitation of liability
In no event is Hybe liable for any indirect or inconsequential loss or damage. In no event shall Hybe’s liability for damage exceed the actual price paid by you for your use of Hybe or fifty (50) euros, whichever is less.
The foregoing limitations shall not apply to willful misconduct or gross negligence and shall not be deemed to limit such liability that cannot be limited under the applicable mandatory laws.
9. Additional Application terms
The following additional terms will apply if you have downloaded Hybe from Apple Inc.’s (“Apple”) App Store.
You acknowledge that Apple is not responsible for addressing any claims made by you or any third party relating to your possession and/or use of Hybe, including without limitation, product liability claims, any claim that Hybe fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection laws or similar legislation and claims by any third party that Hybe or your possession and use of Hybe infringes intellectual property rights of the third party.
You acknowledge that Apple is not obliged to provide or furnish any maintenance or support services for Hybe.
By accepting these Terms you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and Apple’s subsidiaries shall be entitled to act as third party beneficiaries of Agreement, and that, upon your acceptance of Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce Agreement against you as a third party beneficiary thereof.
Apple has no warranty obligation whatsoever with respect to Hybe and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to warranties, if any, will be Hybe’s sole responsibility. Note that Hybe grants no warranties as set out in Section 4 (No Warranties) of these Terms.
Agreement remains in effect as long as you continue to use Hybe. Hybe may at any time and at its sole discretion stop offering Hybe in which case Agreement shall terminate. After the termination of Agreement your license to use Hybe shall terminate and you are no longer entitled to use Hybe. You shall be solely responsible for retrieving your User Content from the Service upon termination of the Agreement.
Notwithstanding the termination of your license, the proprietary rights and intellectual property rights arising out of Agreement, as well as the limitation of liability provisions shall remain in effect.
If you provide your email address on Hybe for a newsletter subscription, you can unsubscribe from Hybe’s newsletter by clicking on the unsubscribe link provided at the end of the newsletter.
Agreement constitutes the entire agreement between you and Hybe regarding your use of Hybe and supersedes all prior agreements and representations regarding the subject matter of Agreement.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these Terms shall not be affected.
You may not assign Agreement or any rights or obligations under Agreement to a third party without Hybe’s prior written consent. Hybe shall have the right to assign Hybe or Agreement to a third party in whole or in part.
12. Governing law and dispute resolution
These Terms are governed by the laws of Finland, without reference to its choice of law provisions. Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof shall be finally settled in the District Court of Helsinki, Finland. You may also take legal action in the District Court of your place of residence.
These Terms shall not limit any rights you may have on the basis of mandatory consumer protection legislation or other mandatory legislation.
If you have any questions or concerns regarding these Terms, please contact us at:
EM Group Oy