Last updated on May 24, 2018.
These Terms of Service are the terms and conditions for use of of the following services, sites and applications ("Service" and "Services") operated by 10Monkeys.com Ltd ("Service Provider"):
These terms and conditions constitute the entire agreement ("Agreement") between you and the Service Provider.
The Service Provider is a company registered and located in Finland (EU VAT ID: FI23863933).
"Common Area" means a chat room, message board, personalized Member page, or other similar function which may be offered as part of the Service.
"Member" means the person who registers for the Service and establishes the subscription account ("Account") with the Service Provider (or in the case of the free and/or public areas of the Service, "Member" refers to any user using any element or portion of the Service). The Member must be 18 years or older to establish the Account. The Account may be used only by the Member and children of the Member for whom the Member is the legal guardian or have the consent of the legal guardian (for example, as a teacher you need to have the consent of the parent).
References in this Agreement to a "Member" mean the Member and each person using the Account (or in the case of the free and/or public areas of the Service, to any user using the Service), and references in this Agreement to "you" or "your" mean the Member, and, except where the context requires otherwise, any other Member using the Account (or in the case of the free and/or public areas of the Service, to any user using the Service).
References to "Service Provider", "we", "us", "our" and the like in this Agreement are references to 10Monkeys.com.
"Schedule" means any schedule attached to the main body of this Agreement.
As the Member, you are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person who uses the Account is aware of the terms of this Agreement and complies with this Agreement.
You must notify us at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of the Account’s user name and/or password. In any of the aforementioned events, you must promptly change your password.
We will have no liability for any circumstances arising from the unauthorized use of your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Service, including without limitation Internet access software and modems.
In some of the Services, Members of organizations such educational institutions subscribing to the Service have access to the Member’s user management section where the Member can create and delete sub-accounts, review and edit the information of the sub-accounts and set access restrictions for the sub-accounts. As a Member you are solely responsible for ensuring that you have obtained the consent of the sub-account user prior to creating the sub-account. In addition you must ensure compliance with all applicable rules on protection of privacy and handling of personal information pertaining to the sub-account users.
Other Members have only one account and do not have access to the user management section.
We may change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation, access policies, the availability of any Service feature, hours of availability, content, data, or software or equipment needed to access the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
We reserve the right to change prospectively the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges for access to portions of the Service effective upon prior notice to Members by posting such changes on its web site or by sending e-mails to Members. You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.
We may, from time to time, have special events, software or content available on the Service, which will be subject to additional terms and conditions that will be made available for your review. You agree that if you or any Member uses or accesses such special events, software or other content, such additional terms and conditions will be binding.
As a Member, you must submit to us a correct e-mail address, and agree to inform us of any changes in your e-mail address or other Account information. We may give notice to the Member by means of a general notice on the Service, electronic mail to Member's e-mail address on record in the Account information provided by Member.
You may give notice to us by electronic mail at the following e-mail address email@example.com.
All notices will be deemed given when actually received or, in the case of notices posted on the Service, as of the time of first use of the Account following such posting.
All materials and content contained in the Service (including any form of media on or through which any portion of the Service is provided to you) are the copyrighted property of Service Provider, its subsidiaries or affiliated companies and/or third party licensors. All Service Provider trademarks, service marks, brands, trade dress, logos, characters and trade names are proprietary to Service Provider, its affiliates, or its or their licensors. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except to the extent necessary to use the Service as intended.
Feedback, development ideas and other submissions provided to us by the Member ("Member Submissions"), shall be deemed, and shall remain, our property. None of the Member Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Member Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Member Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Member Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Member Submissions.
If you participate in any Common Area within the Service, you must not, and the Member is responsible for ensuring that no-one using the Account shall: defame, abuse, harass or threaten others; make any bigoted, hateful or racially offensive statements; advocate illegal activity or discuss illegal activities with the intent to commit them; post or distribute any material that infringes and/or violates any right of a third party or any law; post or distribute any vulgar, obscene, discourteous or indecent language or images; advertise or sell to, or solicit others; use the Common Area for commercial purposes of any kind; post or distribute any software or other materials which contain a virus or other harmful component; or post material or make statements that do not generally pertain to the designated topic or theme of the respective Common Area. We reserve the right to remove or edit content from any Common Area at any time and for any reason.
By uploading materials to any Common Area or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Members shall remain solely responsible for the content of their messages. We may disclose the identity of a Member posting or uploading materials to a Common Area if (a) you authorize us to do so, (b) we are required to do so by law; or (c) in our good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served on us; (ii) protect and defend our rights or property; or (iii) act in an emergency to protect the safety of our customers or the public.
"Processor" means the Service Provider.
"Controller" means the Member.
"Controller Personal Data" means any Personal Data that is processed by the Processor on behalf of the Controller under or in relation to this Agreement.
"Data Protection Laws" means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to Controller Personal Data, the General Data Protection Regulation (Regulation (EU) 2016/679).
"Personal Data" has the meaning given to it in the Data Protection Laws.
10.1. Each party shall comply with the Data Protection Laws with respect to the processing of the Controller Personal Data.
10.2. The Controller warrants to the Processor that it has the legal right to disclose all Personal Data that it does in fact disclose to the Processor under or in connection with this Agreement.
10.3. The Controller shall only supply to the Processor, and the Processor shall only process, in each case under or in relation to this Agreement, the Personal Data of data subjects of the Member and of the types specified in Paragraph 1 of Schedule 1 (Data processing information); and the Processor shall only process the Controller Personal Data for purposes of providing the Service.
10.4. The Processor shall only process the Controller Personal Data for not more than 90 days following the termination of this Agreement, subject to the other provisions of this Section 10.
10.5. The Processor shall only process the Controller Personal Data on the documented instructions of the Controller (including with regard to transfers of the Controller Personal Data to any place outside the European Economic Area), as set out in this Agreement or any other document agreed by the parties in writing.
10.6. The Processor shall promptly inform the Controller if, in the opinion of the Processor, an instruction of the Controller relating to the processing of the Controller Personal Data infringes the Data Protection Laws.
10.7. Notwithstanding any other provision of this Agreement, the Processor may process the Controller Personal Data if and to the extent that the Processor is required to do so by applicable law. In such a case, the Processor shall inform the Controller of the legal requirement before processing, unless that law prohibits such information.
10.8. The Processor shall ensure that persons authorised to process the Controller Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
10.9. The Processor and the Controller shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the Controller Personal Data.
10.10. The Processor must not engage any third party to process the Controller Personal Data without the prior specific or general written authorisation of the Controller. In the case of a general written authorisation, the Processor shall inform the Controller at least 7 days in advance of any intended changes concerning the addition or replacement of any third party processor, and if the Controller objects to any such changes before their implementation, then the Controller may terminate this Agreement on 7 days' written notice to the Processor, providing that such notice must be given within the period of 7 days following the date that the Processor informed the Controller of the intended changes. The Processor shall ensure that each third party processor is subject to [the same] OR [equivalent] legal obligations as those imposed on the Processor by this Section 10.
10.11. The Processor is authorized by the Controller to engage, as sub-processors with respect to Controller Personal Data, the third parties, and third parties within the categories, identified in Paragraph 2 of Schedule 1 (Data processing information).
10.12. The Processor shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organisational measures to assist the Controller with the fulfilment of the Controller's obligation to respond to requests exercising a data subject's rights under the Data Protection Laws.
10.13. The Processor shall assist the Controller in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws. The Processor shall report any Personal Data breach relating to the Controller Personal Data to the Controller within 24 hours following the Processor becoming aware of the breach. The Processor may charge the Controller at its standard time-based charging rates for any work performed by the Processor at the request of the Controller pursuant to this Section 10.13.
10.14. The Processor shall make available to the Controller all information necessary to demonstrate the compliance of the Processor with its obligations under this Section 10 and the Data Protection Laws.
10.15. The Processor shall, at the choice of the Controller, delete or return all of the Controller Personal Data to the Controller after the provision of services relating to the processing, and shall delete existing copies save to the extent that applicable law requires storage of the relevant Personal Data.
10.16. The Processor shall allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller in respect of the compliance of the Processor's processing of Controller Personal Data with the Data Protection Laws and this Section 10. The Processor may charge the Controller at its standard time-based charging rates for any work performed by the Processor at the request of the Controller pursuant to this Section 10.16.
10.17. If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under this Agreement, then the parties shall use their best endeavours promptly to agree such variations to this Agreement as may be necessary to remedy such non-compliance.
As the Member, you represent, warrant, and covenant that: (a) no materials of any kind uploaded to any Common Area or otherwise submitted through the Account will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights or contain libelous or otherwise unlawful material; (b) neither you nor any other person who uses your Account will use your Account to perform, suggest or encourage any fraudulent, illegal or inappropriate activity; (c) that you are at least 18 years old and have the authority to enter into this Agreement; and (d) that you and all other persons who use your Account will fully comply with the terms of this Agreement.
You hereby agree to indemnify, defend, and hold the Service Provider, its affiliated companies, and all of its and their officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim or cause of action arising out of the use of your Account and/or any breach by you or any other user of the Account, of any of the above representations, warranties, and covenants or any other provision of this Agreement. You will, and will cause all other persons who use your Account, to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder.
We make no representation, warranty or endorsement as to the accuracy or reliability of any content, materials or information contained in, and/or displayed, uploaded, or distributed by or through the Service. You acknowledge that any reliance upon any such statement, advice, opinion or other information will be at your sole risk. We will have the right, in our sole discretion, to correct any errors or omissions in any portion of the Service, but we have no obligation or duty whatsoever to monitor for, verify or correct any errors or omissions in any portion of the Service.
THE MATERIALS IN THE SERVICE (EXPRESSLY INCLUDING ANY FORM OF MEDIA ON OR THROUGH WHICH ANY PORTION OF THE SERVICE IS PROVIDED TO YOU) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THE ABSENCE OF INACCURACIES IN INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE) ASSUME THE ENTIRE RESPONSIBILITY AND COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You understand and agree that any material and/or data downloaded or otherwise obtained through the Service is at your own risk and that you will be solely responsible for any damage to your computer system, loss of data or any other loss or damage that results from such download and/or data.
As a service to Members and other users of the Service, we may include links to other web sites which we have no control over. Without limiting the disclaimer in Section 12 above, we explicitly disclaim any responsibility for the availability, accuracy, appropriateness or compliance with law of the content found on other sites that link to or from the Service. Because some sites employ automated search results or otherwise link to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in other sites that may be linked to the Service. You hereby irrevocably waive any claim against us with respect to such sites.
We cannot ensure that you will be satisfied with any products or services that you purchase from other sites that links to or from the Service. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such sites or the products and services offered through such sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give in connection with any such sites. You hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any such transactions.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE SERVICE PROVIDER, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS, LICENSEES, SUPPLIERS OR DISTRIBUTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE MATERIALS IN THE SERVICE. THIS LIMITATION WILL APPLY EVEN IF THE SERVICE PROVIDER OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT WILL THE SERVICE PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
We make no representation that materials on or in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THE TERMS OF THIS SECTION 16 APPLY TO REGULAR SUBSCRIPTION ACCOUNTS BILLED BY OR ON BEHALF OF THE SERVICE PROVIDER OR ITS AUTHORIZED BILLING PROVIDER. IF YOU PURCHASED YOUR ACCESS TO THE SERVICE THROUGH, AND WERE BILLED FOR SUCH ACCESS BY, ANY THIRD-PARTY RESELLER OR RETAILER, AND/OR YOUR ACCOUNT PROVIDES YOU WITH ACCESS TO A CUSTOMIZED OR CO-BRANDED VERSION OF THE SERVICE WITH ONE OF OUR CO-BRANDING AFFILIATES, THEN TERMS RELATING TO FEES, PAYMENT, RENEWALS, CANCELLATIONS AND REFUNDS WILL BE GOVERNED BY THE APPLICABLE POLICIES OF SUCH RESPECTIVE RESELLER, RETAILER OR CO-BRANDING AFFILIATE.
As the Member, you agree to pay all charges relating to your Account, including applicable taxes, in accordance with billing terms. You must provide us with valid payment information we accept.
Due date is 14 days from purchase. If the invoice is not paid, invoice reminders, including reasonable past due fees, will be sent to the Member.
Paytrail Oyj (2122839-7) acts as an implementer of the payment handling service and as a Payment Service Provider in cooperation with Finnish banks and credit institutions. In payments made with Visa, Visa Electron or MasterCard Paytrail Oyj will be shown as the recipient in the invoice and Paytrail Oyj will forward the payment to the merchant. Paytrail Oyj is an authorized Payment Institution.
Paytrail Oyj, business ID 2122839-7
Phone: +358 207 181830
Paytrail Oyj (FI2122839) provides netbank related payment transfer services in co-operation with Finnish banks and credit institutions. For consumer the service works exactly the same way as traditional web payments.
You may notify us that you wish to cancel your Account at any time. We agree to terminate the Account upon receipt of notification from the Member. If notice of termination is received within the 14-day trial period, you will be refunded all subscription fees for the Service. Otherwise, you will not receive any refunds for the unused subscription period.
Your access to the Service may be terminated immediately and access to your account blocked by us if in our sole discretion you fail to comply with any term or provision of these terms.
Upon any termination, Sections 7, 14, 15, 18, together with any accrued payment obligations and/or any other provision herein which by its nature extends beyond the termination of this Agreement, shall survive any expiration or termination of this Agreement.
This Agreement shall be construed and interpreted in accordance with the laws of Finland, excluding its rules for choice of law. Any disputes relating to or arising in connection with this Agreement shall be finally settled in arbitration by one arbitrator. The arbitrator is to be appointed by the Arbitration Institute of the Central Chamber of Commerce of Finland and the rules of the said Institute are to be followed in the arbitration. The arbitration shall be held in Helsinki, Finland. The award shall be final and binding on the parties hereto and enforceable in any court of competent jurisdiction.
We reserve the right, at our sole discretion, to change, modify, add, supplement or delete any of the terms and conditions of this Agreement at any time. We will post notification of any such changes on the Service, or give notice of them to you via e-mail, postal mail or by pop-up screen, at our sole discretion. However, we are not obligated to post any notifications.
If any amendment to this Agreement is unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate your Account. The continued use of the Service by you following your receiving a notice of changes to this Agreement will mean you accept any and all such changes.
By using and/or subscribing to the Service, you hereby acknowledge that you have read and understand the foregoing Agreement, as may be amended or modified from time to time according to its terms, and agree to be bound by all of the terms and conditions hereof.
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