TERMS OF SERVICE

TeamUp

Version 7.12.2014

THESE TERMS OF SERVICE (“TERMS OF SERVICE”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “USER”) AND TEAMUP OY (“TEAMUP”), AND GOVERN YOUR USE OF THE TEAMUP SERVICE, AN ONLINE COMMUNITY OF FANS, FAN PAGES AND SPONSORS, AVAILABLE AT www.tmup.co AND/OR AT A SPECIFIC MOBILE APPLICATIONS (“SERVICE”). BY ACCESSING OR USING THE SERVICE, OR AS PART OF A SEPARATE SERVICE AGREEMENT, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

THE SERVICE IS PROVIDED TO YOU UNDER THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.

IF YOU ARE UNDER 13 YEARS OF AGE OR A MINOR IN YOUR COUNTRY OF RESIDENCE, YOUR USE OF THE SERVICE IS SUBJECT TO PARENTAL CONSENT. PARENTS MAY AUTHORIZE USE OF THE SERVICE BY THEIR CHILDREN UNDER THE ABOVE AGE.

Contents:

1. Using the Service
2. Grant of License
3. User Content
4. Interacting with Third-Party Services
5. Fan / Sponsor Shops
6. Personal Information and Security
7. Fees
8. Warranty
9. Limitation of liability
10. Support
11. Changes
12. Term and Termination
13. Applicable Law and Dispute Settlement

1. Using the Service

You can access the Service through the www.tmup.co website and/or via specific mobile applications and browse the content without registration. All activities (save for browsing the website) in the Service require that You are a registered User. You become a registered User by accessing the Service by (i) using either the available single sign-on via the relevant social networking service or (ii) creating your username and password, and by that creating a User account (“Account”). You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account.

Users may create in the Service user profiles specified below (“User profile”), and manage them through their Account, as described below. Some User profile types (such as Business User and Fan Page User, as defined here below) may be shared so that several Users may manage an organization’s User profile through their Account. You may be assigned as the owner of the User profile and You may grant usage rights to that User profile to other persons and thus the User profile may have multiple administrators and users, or You may create multiple User profiles. You agree that You are personally responsible for the use of the User profile and for all of the communication and activity in connection with the Service that results from use of the Account. You may not sell or charge others for the right to use a User profile.

There are three types of User profiles in the Service:

  • Fan Page User (for private persons and organizations, ranging e.g. from athletes, musicians, artists, and personalities to sports teams, sports associations, bands, charities, causes and universities). Earlier the Fan Page Users were called as “Talents” in the service.
  • Fan User  (for private persons)
  • Business User (available for businesses. There can be several tiers of Business users). If You are a business and want to promote your business, You may only use the Service as a Business User.

Creating any profiles shall be upon TeamUp’s final and sole discretion.

Your use of the Service is also governed by TEAMUP’s Privacy Policy, which is incorporated herein by reference.

2. Grant of License

The Service is licensed to You subject to the terms and conditions (as currently in force) set forth in these Terms of Service for Your personal (for Fan Users) or limited commercial (for Fan Page and Business Users) use only. The commercial right of use shall include using the Service for sale of products by Fan Pages, or using the Service for sponsoring and marketing activities within Your company by employees or other members of such organization according the Terms of Service and applicable Service rules.

The Service is protected by copyright and other intellectual property laws, and TEAMUP and its licensors, if any, retain all right, title, and interest in and to the Service (excluding the content provided by users) and to all intellectual property rights thereto.

TEAMUP grants to You also a non-exclusive and non-transferable right to use the software related to the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service in the manner permitted by these Terms of Service.

If you are accepting these Terms of Service on behalf of a company or other legal entity, you represent to have the authority to bind such entity and other user of the company to these Terms of Service.

You acknowledge and agree that TEAMUP shall have no liability whatsoever in connection with or arising from Your use of the Service, as set forth herein. Your only right or remedy regarding any problems or dissatisfaction with the Service is to cancel Your Account and discontinue your use of the Service.

TEAMUP shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to You.

3. User Content

TEAMUP does not pre-screen or monitor the content (including without limitation images, text, videos and music) that You submit to the Service (“User Content”). All User Content that You post to the Service will be subject to Your privacy settings, as further described below. TEAMUP shall have the right (but not the obligation) to remove or disable access to User Content that fails to comply with these Terms and Conditions.

The User acknowledges that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions which may vary by country. The User must comply with such laws, regulations, conditions or restrictions and reasonably ascertain that the User Content submitted by the User does not contain material that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the intellectual property and/or other rights of others; or that it does not contain viruses or other malicious or harmful code; or that it does not interfere with another user’s user experience.

TEAMUP does not claim ownership of User Content. In order to provide the Service to Users so that producing User Content is enabled, TEAMUP requires from the User the right to use User Content for the purposes of providing the Service. By uploading, submitting, posting or displaying any User Content on or through the Services, the User grants to TEAMUP a limited, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) for the purposes of providing the Service (in accordance with these Terms of Service and the TEAMUP Privacy Policy).

Fan Page and Business Users grant to TEAMUP the right to use any and all trademarks or trade names that the User has submitted to the Service for the purposes of providing the Service in accordance with these Terms of Service. TEAMUP shall have a right to use Fan Page and Business Users as a reference in its marketing activities, if not otherwise agreed.

The User acknowledges and agrees that all User Content, whether publicly or privately made available in the Service is the sole responsibility of the User from whom such User Content originated, and that the User is solely responsible for any User Content uploaded, posted, transmitted, stored or otherwise made available through User’s use of the Service. The User agrees to defend, indemnify and hold harmless TEAMUP, 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 Service or portion hereof, or any act or omission by the User relating to the Service (including User Content). TEAMUP reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by the User hereunder.

4. Interacting with Third-Party Services

Upon Your authorization the Service may access Your user account(s) in third-party services (including associated data and other material) to allow You to use Your data and other material in the Service (for instance, when using a third-party single sign-on authentication, the Service will prompt You for a permission to access certain data). The Service may be able to connect to your social networking sites and profiles to obtain information about you when you consent to allow your social networking site to make that information available to TEAMUP and, consequently TEAMUP may be able to collect certain information from your social networking profile when your social networking site permits to make that information available.

You may also interact with the Service with some third-party services (through the Service’s API) to allow You to use Your data and other material (that you have made available in the Service) in such third-party services.

5. Fan Page User’s Fan Shops / Sponsor Shops

The Service also features online sales sites /shops where registered Fan Pages as vendors may list their products and services to be available for purchase by registered Users as customers. TEAMUP will provide Fan Pages their own sales page / shop in the Service through which the Fan Page can sell and market products to other Users. For avoidance of any doubt, any sales agreement(s) shall always be subject to the Fan Page’s separate terms and conditions applicable to the sale.

The sales agreement shall always be concluded between the User and the Fan Page selling the products. TEAMUP shall in no event be deemed the seller of any product or a party to any agreement concerning such sale, and all payments/transactions made via third party services shall be subject to the applicable third party terms and conditions

The following general sales terms shall apply to the purchasing process if not otherwise agreed in the applicable Fan Page User’s Fan Shop / Sponsor shop terms and conditions,:

The User will place an order by selecting the desired products to the shopping cart in the Service. Before placing a binding order the User shall be presented a review of the content of the shopping cart, which shall include information of the Fan Page of the products ordered by the User, prices including delivery costs as well as the Fan Page’s estimated delivery times.After reviewing the content of the shopping cart the User can place a binding order by confirming their order according to instructions on the site. The order shall become binding after the User has sent the order to the Fan Page and the Fan Page has confirmed the order placed by the User.The Fan Page shall deliver the Products to the User after it has confirmed the order in writing to the User and the User has made the payment in accordance with the payment terms. The Products ordered by the User shall be delivered to the address entered by the User using the delivery method stated in the shop.

The following applies to Fan Pages operating in Finland: According to the Finnish Consumer Protection Act, should the Service web store be managed by a Fan Page with a business-id, the consumers shall have the right to cancel a purchase made in the Service web store within 14 days from receipt of the products. Should the User exercise their cancellation right, he/she must inform the Fan Page of the cancellation.

For avoidance of any doubt, any disputes relating to buying or selling in the Service web store shall be settled between the User and the Fan Page. TEAMUP assumes no liability whatsoever for product delivery, condition, non-delivery, refunds or nonpayment.

6. Personal Information and Security

You may manage the information that you wish TEAMUP to process, and how the same will be processed, in the Service through Your privacy settings (including but not limited to your location data). Your private messages to other users are always kept private. In connection with Your use of the Service, You may choose to disclose data about yourself to other users, and any such data that you make available in the Service is used according to your privacy settings. However, any data that you disclose in public parts of the Service (such as forums or the like) is public information.

TEAMUP will process the User’s personal information in accordance with its Privacy Policy. The User shall give to TEAMUP correct personal and other information necessary for the use the Service. The User shall inform TEAMUP of any changes to such information. You also agree that in the event that you access the Service through your social networking site account, the information on your social networking site account is accurate, current and complete.

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.

TEAMUP shall take appropriate online and physical measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to TEAMUP via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on TEAMUP’s servers is not generally available to the public.

The User shall be liable for all responsible for the User’s own equipment, internet connectivity and software as well as that they do not cause harm to TEAMUP and/or third parties.

7. Fees

The Service is offered to Fans and Fan Pages for free, subject to third party fees, if any. For Businesses, TEAMUP may provide both free and paid versions of the Business profile, or a free Business profile with paid levels having certain features. Use of the Service by Business users is subject to a payment of the relevant service fees, should the selected profile type and/or profile level include any.

There is a periodical fee (“Profile Fee”) for maintaining public paid Business profile level subscriptions. TEAMUP may also offer a trial period for a paid Business profile level subscription. If Your order involves a trial period, you may be automatically charged when the trial period expires. The trial period can also include a time-limited period of a higher Business profile level subscription. If you haven’t decided to subscribe to the higher Business profile level during the trial period, your Business profile level may be automatically returned to the free profile level.

If the Profile Fee is not paid by the due date the profile can be unpublished in the service until the payment has been received.

TEAMUP may also make the use of the Service or part of it subject to a payment of the relevant service fees. If You attempt to use a paid-for service, You will always be notified of the applicable service fees before completing the transaction. There might be also fees applicable to any production or designing services for Business Users.

The prices in the Service may change from time to time, and may vary based on the geographical markets they are marketed. Prices do not include Value Added Tax or Sales Tax.

Late payments shall accrue late payment interest at the rate specified according to the Finnish Interest Rate Act, as amended form time to time.

For avoidance of any doubt, all sales of Products shall always be concluded between the Users and the Fan Pages, and transactions and associated payments are made directly to the relevant Fan Page (without TEAMUP as an intermediary for processing payments).

8. Warranty

To the maximum extent permitted by applicable law, except as provided above, TEAMUP MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICE IS LICENSED “AS IS” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.

THE WARRANTY AND REMEDY SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.

TEAMUP SEPCIFICALLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO ALL SALES OF PRODUCTS BY FAN PAGES TO USERS.

9. Limitation of Liability

You understand and acknowledge that TEAMUP will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system’s performance.

TEAMUP SHALL IN NO EVENT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, BUT NOT LIMITED TO THESE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IN THE CASE THAT TEAMUP HAVE BEEN ADVISED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF TEAMUP IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You understand and agree that the cancellation or termination of your Account is your sole right and remedy with respect to any dispute with TEAMUP. Cancellation or termination of the Account shall not relieve You as a Business User of your obligation to pay the Profile Fees according to the agreed term of contract. TEAMUP shall have no obligation to refund (or other payments relating to use of the Service) upon the cancellation or termination of your Account by You or according the terms set in Clause 12.

10. Support

TEAMUP shall have no obligation to provide support or maintenance for the Service. [TEAMUP may, at its sole discretion, provide limited support for the Service.]

11. Changes

The Services that TEAMUP provides are always evolving and the form and nature of the Services may change from time to time without prior notice to You. As long as Your license for the Service is valid You are entitled to use the latest version of the Service.

TEAMUP may occasionally update these terms. When we do so, we will also revise the “last update” date and, in case of a material update, attempt to notify Users also by email.  By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.

12. Term and Termination

The Terms of Service will continue to apply until terminated by either you or TEAMUP.

You may terminate the legal agreement with TeamUp by notifying TeamUp in writing and closing/deactivating Your Account or discontinuing Your use of the Account. After termination You will not be able to access the Service or the content related to the Account.

TEAMUP may, due to Your failure to comply with the Terms of Service or any rules related the Service,  in its sole discretion, terminate or suspend Your access to the Service or cease providing you with all or part of the Services at any time.

TEAMUP may also terminate your Account and right to use the Service with prior notice if You have not logged in to the service for the past 12 months or the provision of the Service, in TeamUp’s opinion, is no longer commercially viable.

13. Applicable Law and Dispute Settlement

These Terms of Service shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions. All disputes relating to the Service shall be settled at District Court of Pirkanmaa, Finland having the sole jurisdiction.

TeamUp Oy (Business ID: 2496895-6)

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