1.2 These Terms are applicable to each user (“you”) of the Website.
1.3 You accept these Terms by accessing, browsing and/or otherwise using the Website, as the Terms are updated from time to time in accordance with these Terms. If you do not accept these Terms, you are not allowed to use the Website.
1.4 Emfit may ask you to review and accept other or supplemental terms that apply to your access to and/or use of some content of the Website.
2.1 The Website may contain links to other sites. Such links to third party sites do not constitute an endorsement by Emfit of any third party resources or their contents. Emfit is not liable for any third party resources or their contents.
2.2 You agree that:
(a) you may not attempt to gain unauthorized access to any portion or feature of the Website, by hacking or any other unlawful means;
(b) you will not collect the content of the Website or access or monitor the Website by using automated means, devices, programs or methods, such as robots or spiders;
(c) you may not exploit the Website or the content of the Website in any unauthorized way, such as by trespassing or burdening network capacity;
(d) you may not exploit the Website or the content of the Website commercially;
(e) you may not use any device, software or other method to interfere or attempt to interfere with the proper working of the Website; and
(f) you may not use the Website or the content of the Website for any purpose that is unlawful, or to solicit the performance of any unlawful activity or other activity which infringes Emfit’s or others’ rights.
3. Your data
3.1 By submitting information or material (such as feedback, questions, comments, suggestions, ideas or requests) (“Your Data”) to Emfit, for example by e-mail or via the Website, you represent and warrant that:
(a) Your Data does not contain anything that is unlawful or unfit for publication;
(b) you own Your Data or you have the right to submit it to Emfit and to grant Emfit the rights as set out in these Terms;
(c) you have used reasonable efforts to scan and remove viruses or other harmful material before submitting Your Data;
(d) all information submitted by you concerning your identity is true and complete; and
(e) you will not to take any action against Emfit or its licensees in relation to Your Data, provided that Emfit or its licensees use Your Data in compliance with these Terms.
3.2 Your Data will not be returned, so it is advisable that you maintain a copy of Your Data in your possession.
3.3 You acknowledge and agree that by submitting Your Data to Emfit, no confidential, fiduciary or contractually implied or other relationship is created between you and Emfit.
4. Intellectual property rights
Patents, inventions, utility models, trademarks, domain names, copyrights, rights related to copyright, rights in designs and rights in know-how and other intellectual property rights in and to the Website as well as all Emfit’s and third parties’ content therein, and any copies, modifications, translations, amendments and derivatives thereof belong to Emfit and/or its licensors.
5. Your right to use
5.1 Subject to your compliance with these Terms, Emfit grants you a non-exclusive, non-transferable, non-sublicensable and revocable right to: (i) browse the Website on your computer or handheld device and (ii) print copies or extracts from the Website for your personal private use only and not for any business purpose.
5.2 Emfit’s and/or its licensors’ trademarks and copyright and other proprietary rights notices affixed to or contained in the content of the Website or visible on the Website may not be removed, damaged, obscured or altered.
5.3 Except as explicitly granted in these Terms, you may not use the Website or the content of the Website.
6. Changes and availability
6.1 You understand that the Website is not available at all times. Emfit may change, suspend or discontinue the Website or any aspect of the same at any time, including the availability of any content. Emfit may also impose limits on certain features of the Website and may restrict access to some parts of the Website.
6.2 You are not entitled to compensation for any disruption or unavailability of the Website or the content of the Website due to any reason.
7. No warranties
7.1 EMFIT DOES NOT REPRESENT, WARRANT OR ENDORSE THE ACCURACY OR RELIABILITY OF THE WEBSITE OR THE CONTENT OF THE WEBSITE, OR ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE OR THE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK.
7.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMFIT DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE WEBSITE AND THE CONTENT OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of liability
8.1 EMFIT SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR (I) DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFIT, WORKING TIME OR SAVINGS, OR FOR PUNITIVE DAMAGES, OR (II) LOSS OR ALTERATION OF DATA NOR FOR ANY DAMAGES INCURRED AS A RESULT THEREOF SUCH AS EXPENSES INVOLVED IN THE RECONSTITUTION OR TRANSFER OF DATA. IF THE APPLICABLE MANDATORY LAW DOES NOT ALLOW THE FOREGOING LIMITATION OF LIABILITY, EMFIT’S LIABILITY WILL NOT EXCEED FIFTY EUROS (50 €).
8.2 IF THE MANDATORY APPLICABLE LAW DOES NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THE LIABILITY OF EMFIT IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9.1 Emfit may amend these Terms at any time. You accept the amended Terms if you use the Website after the amendment. If you do not accept the amended Terms, you may not continue to use the Website.
9.2 You may not assign your rights or obligations subject to the Terms to a third party, without the prior written consent of Emfit. Emfit may assign its rights and/or obligations (as selected by Emfit) under the Terms without your consent to any third party. Emfit shall have the right to use subcontractors.
9.3 If any provision of the Terms is found to be contrary to law, other provisions of the Terms will remain in full force and effect. Such invalid provision shall be interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law.
9.4 No failure by Emfit in exercising any right, power or remedy under these Terms shall operate as a waiver of any such right, power or remedy.
9.5 Amendments of the Terms are not binding on Emfit unless consented to by Emfit’s authorized representative in written signed form.
9.6 The Terms shall be construed in accordance with the laws of Finland, excluding its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Terms and any issues covered by the Terms shall be the competent Finnish district court. Emfit may also take legal actions in courts where you have domicile or habitual residence.