Thinglink Terms of Use Last updated 26 February 2016 These terms and conditions ("Terms of Use") govern your use of the ThingLink service. They apply to the service made available by ThingLink Oy (“ThingLink”) on and to any other means via which the service is made available or can be used, such as, but not limited to, browser plugins and applications ("ThingLink Software"). By using the ThingLink service or ThingLink Software, you agree to be bound by the following terms and conditions as well as our policies and guidelines (“Policies”) available on our policies page. I. Basic Terms The key rule you need to understand and accept is that ThingLink provides you with a service, but you remain responsible for both i) how you use the ThingLink service, and for (ii) any data, text, links, information, image and/or any other material ("Content") that you choose to use to annotate and display using the ThingLink service. The Acceptable Use Policy sets out rules on what kind of use is acceptable and what is prohibited, and by accepting these Terms of Use you also agree to comply with the Acceptable Use Policy. Should you violate these Terms of Use or the Policies, you are no longer entitled to use the ThingLink service and ThingLink is entitled to take any appropriate actions to prevent you from using the service. II. General Conditions We reserve the right to modify the ThingLink service for any reason, and we will inform on our website about any substantial changes in the service. We reserve the right to alter these Terms of Use at any time. You agree that such alteration will be effective upon posting on our website and you will be bound to any such alterations when you use the ThingLink service after such alteration is posted. It is therefore important that you review these Terms of Use regularly to ensure that you are updated regarding any such alterations. III. Intellectual Property Rights The ThingLink service is protected by copyright, trademark, trade secrets and other intellectual property rights of ThingLink. These Terms of Use do not grant you any rights in the ThingLink service as such, except for your right to use the service in accordance with these Terms of Use. We claim no intellectual property rights over the material you provide to the ThingLink service. Your materials remain yours. However, unless and until otherwise expressly informed by you, you grant ThingLink a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of, such material solely on the ThingLink service. IV. User Eligibility Our services are available to people of all ages, but children under thirteen should only use the service under the supervision of their parents or guardians. If you are using the ThingLink service as a business entity, you (i) represent that you have the authority to bind the entity to these Terms of Use, and (ii) must sign up to a Business Account. V. Account types and fees ThingLink offers the service to both individuals ("ThingLink Standard") and businesses ("ThingLink Business"). For descriptions of all account types and features currently available and our Acceptable Use Policy that governs their use, please see the ThingLink Website (“Website”) at (Account descriptions) and (the Acceptable Use Policy). As our services are constantly developing, please consult them regularly. ThingLink Standard Use of the ThingLink Standard Account is free. An important point for you to understand and accept is that the ThingLink Standard Account cannot be used for commercial purposes. If you wish to use the ThingLink service for commercial purposes, you must sign up to one of the ThingLink for Businesses accounts. ThingLink Business Use of the basic ThingLink Business Account is free. ThingLink can, at its sole discretion, make available various accounts with advanced functionality aimed at businesses intending to use the ThingLink service for commercial purposes (“Premium Business Accounts”). Use of these Premium Business Accounts can be subject to additional or alternative terms of use. Premium Business Accounts can be made available for a fee at ThingLink’s sole discretion. If you subscribe to a Premium Business Account, the applicable price, if any, will be clearly stated to you before subscribing. ThingLink reserves the right to modify the Premium Business Accounts and change prices from time to time by (i) posting the new Premium Business Account descriptions and/or prices on the Website and (ii) sending current Premium Business Account subscribers an email notice of the changes to the email address the subscriber gave when registering, at the latest thirty (30) days prior to the changes becoming effective. If you have a Premium Business Account and do not agree to the new price or other material change in the Premium Business Account, you can terminate your Premium Business Account without having to pay the new price by cancelling your subscription via the Service. VI. Release In the event that you have a dispute with one or more ThingLink users, you release ThingLink (and our employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. VII. Removal of Content We may, but have no obligation to, remove Content from the ThingLink service that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates these Terms of Use. We review all claims of copyright or other intellectual property right infringements received and remove the Content (including the tags created with the ThingLink service) from the ThingLink service if such Content is deemed to have been annotated or displayed in violation of any such laws. To make a claim, please provide us with the following: A description of the work protected by copyright or other intellectual property right and claimed to have been infringed. A description of the infringing Content and information reasonably sufficient to enable us to locate the infringing Content. Your contact information, including your address, telephone number and email address. A statement by you that you have, without results, requested the provider of the infringing Content to cease the infringing activity or that you have not been able to identify the provider of the infringing Content. A statement by you that you have a good faith belief that the use of the infringing Content in the manner complained of is not authorized by the rights owner, its agent or by law. A statement by you that the information in the notification is accurate and that you are the owner of the infringed copyright or other intellectual property right or the person authorized to act on his/her behalf. Your signature. The above claims can be sent to VIII. Third party content The ThingLink service may include content developed by third parties, including but not limited to custom tags and content from third party websites incorporated to images via the custom tags (“Third Party Content”). ThingLink accepts no liability for any errors, omissions or other deficiencies in such Third Party Content. Third Party Content can be subject to its own terms of use, which you need to comply with in order to use such Third Party Content. IX. Privacy Your privacy is of utmost importance to us, as we believe that by protecting your privacy, we also make our service better. In order to see how we collect and process personal data, please see our Privacy Policy. X. No Warranty We, our officers, directors, employees, and our suppliers provide our website and services on an “as is” and “as available” basis. WE DO NOT MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF THE THINGLINK SERVICE OR ANY THIRD PARTY CONTENT, TO THE GREATEST EXTENT PERMITTED BY LAW. XI. Liability Limitation IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OF DAMAGE, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE), TO THE GREATEST EXTENT PERMITTED BY LAW. IN CASE OF A PREMIER BUSINESS ACCOUNT, OUR TOTAL AGGREGATE LIABILITY MAY NOT EXCEED THE GREATER OF (I) AN AMOUNT EQUAL TO THREE MONTHS OF SERVICE FEES ACTUALLY PAID BY YOU FOR THE ACCOUNT, OR (II) ONE HUNDRED EURO (€100.00). XII. Indemnity You agree to indemnify and hold ThingLink (and our directors, employees or partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party. XIII. Resolution of Disputes and Applicable Law Our goal is to make you happy by providing a service for identifying and linking things in images. In the event a dispute arises between you and ThingLink, please email ThingLink at, and we will work quickly towards a solution. Should we not be able to solve such a dispute amicably in due course, such disputes shall be resolved in the first instance exclusively in the District Court of Helsinki, Finland. These Terms of Use shall be subject to the laws of Finland, excluding its choice of law provisions.