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Intoloop Terms of Service

Last update: November 4, 2010

1. General

These terms of service ("Terms of Service") govern your use of www.intoloop.com website and /or the discussion forums or any other information exchange media, made available by Starduck Studios Ltd, Sumeliuksenkatu 18 B, 33100 Tampere Finland, Trade Register Number 2283473-5 ("Starduck Studios") (collectively "Service").

By accessing the Service and/or using it and / or clicking an "accept" button or a logical equivalent, you accept and undertake to be bound by these Terms of Service. If you do not accept these Terms of Service, do not proceed with the registration and do no access and/ or use the Service.

If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves to the extent possible the original purpose and commercial goal of the invalid provision.

Terms and conditions related to privacy and protection of your personal information are governed in privacy policy provided in the Service ("Privacy Policy"). You confirm hereby that you have read and accept the Privacy Policy. To access the Privacy Policy, please click here.

2. Access to the Service

Subject to your acceptance of and compliance with these Terms of Service, Starduck Studios grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service solely for your personal and non-commercial use. If you wish to use the Service for commercial purposes, please contact Starduck Studios for further information.

Except as specifically allowed pursuant to these Terms of Service, you are not entitled to use, copy, store, modify, transfer, distribute or otherwise make publicly available your account, the Service, a part thereof or the material contained therein in any way. Your use of the Service is subject to these Terms of Service and any reasonable instructions provided by Starduck Studios from time to time.

You warrant that the information you provide or provided in connection with registration to, and use of the Services (for example your name, age and all contact information) is true and accurate. The use of the Service requires a username and a personal password or other user identification method specified or otherwise approved by Starduck Studios (hereinafter referred to as "User Id"). Starduck Studios shall be entitled to choose, accept and / or change from time to time the User Id assigned to you.

You must keep the password required for the use of the Service secret and not disclose it to anyone else. You may not assign or transfer your User Id to a third party and you may not allow a third party use the Service with your User ID. If a third party has obtained your password or you have a reason to believe that a third party has obtained your password, you must immediately inform Starduck Studios. You are responsible for actions taken by using your User Id until you have informed Starduck Studios of the loss of the password and Starduck Studios has had a reasonable time to prevent the use of the Service with the User Id.

Starduck Studios reserves the right to terminate your access to the Service without prior notice if you violate these Terms of Service or if you abuse the Service or load the Service to an unusual extent. Starduck Studios is entitled to prevent access to the Service if it has reason to believe that you are engaged in illegal activity or compromise other users' or Starduck Studios' data security or privacy or if Starduck Studios receives a notice that your password has gotten into the hands of a third party.

No devices or connections necessary for the use of the Service are provided subject to these Terms of Service. You are responsible for purchasing, maintaining and updating such devices and connections (including data security) and for any costs related thereto.

3. Intellectual Property Rights

Starduck Studios (or its licensors) shall own all rights, title and interest in and to the Service as well as any material in or provided through the Service, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights ("Intellectual Property Rights"). You shall not receive any ownership rights by using the Service or for example by downloading material from or submitting material to the Service.

4. Customer Material

By using the Service you may upload, transfer or otherwise make available for purposes of the Service certain data, works, pictures, feedback or other material ("Customer Material"). Any and all Intellectual Property Rights to such Customer Material vests with you. Starduck Studios claims no title to the Customer Material but for purposes of making the Service available requires certain rights. Therefore Starduck Studios and its partners shall have the right (but no obligation) to use any Customer Material provided by you to, through or for the Service. After posting your Customer Material to the Service, you continue to retain any such rights that you may have in your Customer Material and you grant Starduck Studios and its partners an unlimited, worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop, make derivative works and display in your own account and in the accounts you have authorized any Customer Material or parts thereof in connection with the Service. For avoidance of doubt it is expressly stated that the aforementioned license is intended for Starduck Studios to be able to provide the Service to you, not to specifically distribute your photos or other sensitive material to any third parties. Notwithstanding the aforementioned, the privacy and protection of your personal information shall remain subject to Privacy Policy, including Starduck Studio’s limited right to disclose personal data as specified in Sections 4 and 7 of the Privacy Policy.

Starduck Studios shall take reasonable efforts to take back-up copies of Customer Material according to Starduck Studios’ then current back-up policies. However, Starduck Studios assumes no liability whatsoever for loss or damages caused by loss of Customer Material.

Subject to written request during the time you have an active account with the Service or within 14 days after termination pursuant to Section 8, Starduck Studios shall take reasonable commercial efforts to provide you with your Customer Material at a mutually agreed date. Starduck Studios shall have the right to charge for the collection, processing and delivery of Customer Material in accordance with Starduck Studios’ then current prices.

5. Pricing; No Right for Withdrawal

The Service may contain certain elements that are subject to a fee. Any such elements are not subject to 14 day right of withdrawal as specified in Chapter 6 Section 15 of the Finnish Consumer Protection Act 38/1978. The delivery of the service in question has in accordance with the consent of the consumer electronically commenced before the end of the withdrawal period and the consumer has been informed of the nonexistence of the right of withdrawal pursuant to Chapter 6 Section 16.

Any payments made by you in advance are non-refundable and non-transferable if you terminate your account, otherwise cease to use the Service or if your right to use the Service has been revoked by Starduck Studios due to your breach of these Terms of Service.

The prices in force from time to time are specified at the Service web site. The prices shall include all public charges determined by the authorities, including value added tax pursuant to the legislation in force from time to time.

6. Use of the Service

You agree not to use the Service in a manner or otherwise submit any material, that a) violate any Intellectual Property Rights, privacy, publicity or any other rights of others; or b) would be obscene, indecent, discriminatory, abusive, defamatory or illegal, or violate good manner.

You may not use inappropriate language or offensive expressions while using the Service. You shall also use the Service in a manner that does not cause harm to Starduck Studios, other users or third parties. If Starduck Studios receives a notice claiming that you have submitted afore described material, Starduck Studios is entitled to remove such material or prevent its use without notice.

The Service may contain links to sites, which are owned or operated by third parties. Starduck Studios shall not be responsible for the content or for products or services offered by third parties. You are also aware that the individual applications or other material contained in the Service may include supplementary terms and conditions.

7. Provision of the Service

Starduck Studios has the right to provide the Service as it deems appropriate including the right to amend the Service. If such changes necessitate changes in your operating environment or other devices, you shall make such changes at your own expense. Starduck Studios aims to notify you of any substantial changes that materially affect the use of the Service a reasonable time in advance.

Starduck Studios may suspend the Service where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. Starduck Studios aims to ensure that the suspension is as short as possible. Starduck Studios has the right to terminate the Service at its sole discretion. Starduck Studios aims to notify a reasonable time in advance about any suspensions or termination of the Service.

8. Amendments to Terms of Service; Termination

Starduck Studios may from time amend these Terms of Service by notifying you of such amendments and delivering the amended Terms of Service to you at least two weeks prior to the entry into force of the amended Terms of Service. Starduck Studios delivers the amended Terms of Service via the Service or some other suitable means at sole discretion of Starduck Studios.

If you object the entry into force of the amended Terms of Service, you shall notify Starduck Studios of the objection at least seven days prior to the entry into force of the amended Terms of Service. If Starduck Studios does not receive your objection in the aforementioned time or if you specifically accept the amended Terms of Service (for example clicking "Accept"), you are deemed to have accepted the amended Terms of Service. In case you object the entry into force of the amended Terms of Service and if you and Starduck Studios do not agree otherwise in writing, your right to use the Service shall terminate on the date the amended Terms of Service enter into force.

Starduck Studios may also at its discretion notify you of amendments and make the amended Terms of Service available without prior notice upon your next sign-in to the Service and make it conditional for continued use of the Service for you to specifically accept the amended Terms of Service (for example clicking "Accept"). Should you not choose to accept the amended Terms of Service made available to you in accordance with this paragraph your right to use the Service shall terminate immediately.

Starduck Studios may terminate your account for convenience by giving you two weeks prior notice. If you breach these Terms of Service your account may be terminated with immediate effect by Starduck Studios.

9. Liabilities and Limitations of Liability

The Service is provided on an "AS IS" basis without warranties of any kind. Starduck Studios does not warrant that the Service will function without interruptions or error-free. Starduck Studios shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented in the Service nor for the content or other features of the products or services offered on or conveyed through the Service. Starduck Studios shall not be liable for the content in the opinion or discussion forums or any other information exchange media on or connected with the Service.

Starduck Studios shall not be liable for direct or indirect damages caused by a possible delay, a change or a loss of a service, product or material transferred through the Service. Starduck Studios is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Starduck Studios disclaims any liability for direct or indirect damages caused to you by harmful programs (virus, worms etc.) or incorrect content in the Service. Starduck Studios bears no liability for damages caused by you or by a third party.

Starduck Studios’ maximum liability for direct damages caused to you or your property is at all times limited to the to the amount paid by you for the use of Service or part of it during the three-month period immediately preceding the event that gave reasons for the claim. Starduck Studios is never liable for any indirect or unforeseeable damages caused to you at any given circumstances.

You shall be liable and agree to indemnify Starduck Studios and third parties for and against all damages, which are caused by unlawful behavior or breach of these Terms of Service.

10. Applicable Law; Settlement of Disputes

These Terms of Service and the contractual relation related thereto shall be governed by the laws of Finland. Disputes arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the dispute shall be settled in the District Court of the City of Tampere, Finland as the first instance.



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