Terms of Rewindy Service
Updated May 23, 2012
Hello from Rewindy! We provide an online service that allows users (“User” or “You”) to work together to share their visual stories. at www.rewindy.com (referred as the “Site” or “Website”). Our service may also be accessed through an application for mobile devices (referred as the “Application” in this document). The Rewindy service consists of the Website, Application, user and service created content (“Content”) and other service functionalities, forming as a whole the Rewindy service (“Service”, “Services” or “Rewindy service”).
The following terms and conditions govern all use of the Rewindy service provided by Rewindy, and constitute a binding legal agreement between you and us.
In addition to our own Service, some services offered through Rewindy may be subject to additional terms and conditions. Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this textual reference.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree that you have read, understood and agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service.
If you accept or agree to these Terms on behalf of a company or other legal entity, you can do so only if you have the authority to bind that company or other legal entity to these Terms and, in such event, the references for "you" and "your" will refer to that company or other legal entity. In the case these Terms of Service are considered an offer by Rewindy, acceptance is expressly limited to these terms.
Parts of these Terms of Service have been adapted from the Wordpress Terms of Service, available under a Creative Commons license.
Rewindy Web Site
Rewindy is a service that allows users to work together to share plans and ideas about their near future. Users can use the Rewindy to find ideas about what to do in their preferred location. Users, including commercial entities can create groups and stories in the service.
Parts of the service is free for the end users while some functionality will be subscription only, ie sold for a fee. Rewindy might in the future also support the service by advertising and other promotional revenue.
The Rewindy Services are protected by copyright, trademark, and other laws of Finland and foreign countries. Except as expressly provided in these Terms, Rewindy and its licensors exclusively own all rights to the Service, including all associated intellectual property rights.
You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices included to the Service.
Rewindy may also provide one or more dedicated mobile applications (“Application“) that allow users to access and interact with the Service content through their mobile device.
If you decide to use one of these mobile applications, Rewindy grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use that Application on a mobile device that you own or control. We reserve all rights in the Application not expressly granted to you by these Terms.
User Created Content
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit Content to our Service.
Rewindy does not claim any ownership rights to the content that you post. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
By submitting Content to Rewindy, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, creative derivative works from, access, view, and otherwise exploit such Content only on, through or by means of the Rewindy service.
Some of the functionalities that the Rewindy service provides are supported by advertising revenue. We may display advertisements and promotions in the Rewindy service. You hereby agree that we may place such advertising and promotions on the Rewindy service on, about, or in onjunction with your Content. The style, mode and extent of advertising and promotions are subject to change without prior or specific notice to you.
You agree that you are responsible for all Content that you make available through the Service. You agree that:
- You either are the proper owner of the Content that you make available through the Service, or you have all the necessary rights for Rewindy to make this Content available, as stated under these Terms of Service;
- The Content, or the posting of the Content, or Rewindy' use of the Content (or any portion thereof) in the Rewindy Service will not infringe on a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- If you delete Content from our Service, we will use reasonable efforts to remove it from the Service. You need to acknowledge that caching or references to the Content may not be always made immediately unavailable. Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in Rewindy' sole discretion refuse or remove any content that in our opinion violates any Rewindy policy. We have also the right in its sole discretion to terminate or deny access to and use of the Service to any individual or entity for any reason. We will have no obligation to provide a refund of any previously paid amounts.
Rewindy reserves the right to display advertisements and other promotional material on the Service. Rewindy attempts to target the advertisements so that they would match the interests of each particular user.
The Service may also include advertisements offered by third parties. You may communicate or participate in promotions of the advertisers showing their products on the Service. Any such communications, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are actions that happen between you and the advertising party. We assume no liability, obligation or responsibility for any part of any such communications.
Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that any content on the Service constitutes work that is owned by you or a third party, and is displayed through the Service without proper authorization, please send the following information to the attention of Rewindy:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner' s behalf.
00210 Helsinki, Finland
Rewindy will take actions towards removing the content and terminating a visitor's access to and use of the Service if the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Rewindy or others. In the case of such termination, Rewindy has no obligation to provide a refund of any amounts previously paid to Rewindy.
Transfer of Rights
This Agreement does not transfer from Rewindy to you any Rewindy or third party intellectual property. All right, title and interest in and to such intellectual property will remain solely with Rewindy.
Gruupz, Rewindy, Rewindy.com, the Rewindy.com logo, and all other trademarks, service marks, graphics and logos that are used in connection with Rewindy.com, or the Website are trademarks or registered trademarks of Gruupz or Gruupz's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
Your use of the Service grants you no right or license to reproduce or otherwise use any Gruupz, Rewindy or third party trademarks.
The Service is intended solely for persons who are 13 or older. Any access to or use of the Services by anyone under 13 is expressly prohibited. By accessing or using the Service you agree that you are 13 or older.
Registration of Account and Data
In order to access certain features of the Service and to post any content to the Service Service, you must register to create an account (“Account“). You can also register with Rewindy through your account with certain third party social networking services, for example, but not limited to, Facebook (collectively, "Social Network" or "Social Networks"). When you register onto Rewindy through your Social Network account, you will be asked to login using your Social Network credentials. Creating an Account for the first time via a Social Network will prompt you to connect your Rewindy Account and Social Network account.
By creating an Account via your account in a Social Network, you are allowing Rewindy to access your Social Networks account information. You agree to abide by the applicable terms and conditions of your Social Networks in your use of the Services via such Social Networks. After completing the registration process, users can use their Social Network to publish and broadcast activity they have performed inside the Rewindy if they wish to do so.
Rewindy records and maintains data and Content that the user creates in relation to using the Service.
If you create an account on the Service, you are responsible for maintaining the security of your account. You are fully responsible for all activities that occur under that account and any other actions taken on the Service. You agree to provide accurate and current information during the registration process and to update such information accordingly.
Rewindy reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate or deceiving.
You must immediately notify us of any unauthorized uses of your account or any other breaches of security that affect the Service. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibilities of Contributors
If you post plans, ideas, links or other material to the Service, comment on posted Content, or otherwise make (or allow any third party to make) material available by means of the Service, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of the type of content. By making Content available, you represent and warrant that:
- the viewing, downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content,
- your account is not getting friended or followed by creating additional user accounts for self promotion, via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account or user name is not named in a manner that actively misleads your readers into thinking that you are another known person or company.
Other Responsibilities and Prohibitions
For You to use the Rewindy service, you agree not to do any of the following:
- Post or provide access to Content that: (i) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, misleading, false or deceptive; (iiii) is defamatory, pornographic, obscene, vulgar or offensive; (iv) promotes discrimination, hatred, bigotry, racism, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vi) promotes illegal or harmful activities.
- Post Content that is spam, is randomly-generated, contains unethical content or unapproved commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- Post Content that contains or installs harmful or destructive content such as viruses, worms, malware or Trojan horses;
- Describe or post Content in a misleading or unlawful manner, including in a manner intended to utilize the name or reputation of others;
- Post sensitive personal information such as anyone's identification documents or personal financial information;
- Use, display, mirror or frame the Service, or any individual element within the Service, the Gruupz or Rewindy name or any Rewindy trademark, logo or other proprietary information, or the layout, form and design of any page, or as a name or hostname of your application, without our previous written consent;
- Use any device or means to crawl, scrape, catalog, download, store or otherwise reproduce, store or distribute content available on the Service, or to manipulate the Service, or otherwise exceed the limited access granted to you by Rewindy;
- Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any Rewindy system or network, or attempt to breach any of our security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Rewindy or any of our providers or any other third party to protect the Service;
- Use any meta tags or other hidden text or metadata utilizing a Rewindy or Rewindy trademark without our express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service.
- Interfere or attempt to interfere with the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Collect or permanently store any personally identifiable information from the Service from other users of the Service without their express permission;
- Violate any applicable law or regulation, or encourage or enable any other individual to do any of the previously listed actions.
- Rewindy will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Rewindy may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Rewindy has no obligation to monitor your access to or use of the Service or to review or edit any Content. Rewindy has the right to do so for the purpose of operating the Service to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative or other governmental body or agency.
- Rewindy reserves the right, at any time and without prior notice, to remove or disable access to any Content that Rewindy, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.
General Representation and Warranty
Termination of Service or its Use
Discontinuing the Service Use
If you are not satisfied with our Service, the correct action is to stop using the Service. Your agreement with us regarding compliance with these Terms of Service becomes effective immediately once you start to use the Service.
Termination of Account
Rewindy may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Rewindy account (if you have one), you may simply discontinue using the Service. We may terminate your registration at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or to the other users of the Rewindy service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In addition to the previously stated means, you may cancel your Account at any time by sending an email to firstname.lastname@example.org . Please include the name and email address as stated in your Account to help identify and remove your Account.
Depending on the Social Network, user may also have the option to disable the connection between their Rewindy Account and the Social Network account at any time by accessing the Social Network account, and disconnecting access to the Rewindy service.
Modifying or Terminating the Service
Rewindy reserves the right, at its sole discretion, to modify, discontinue or terminate the Service, at any time and without prior notice.
Limitations and Changes to the Terms of Service
Limitations on Site Content
Rewindy has not reviewed, and cannot review, all of the material posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Rewindy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Rewindy disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted. We are not responsible for any failure or delay in removing such content.
Limitations on linked Content
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to the Service links, or that link to the Service. Rewindy does not have any control over other websites and webpages, and is not responsible for their contents or their use. By linking to an external website, Rewindy does not represent or imply that it endorses that site. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Rewindy disclaims any responsibility for any harm resulting from your use of non-Rewindy websites and webpages.
Limitations of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Service stays with you. None of the parties involved in creating, producing or delivering the Service will be liable for
- any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure,
- the cost of substitute products or services,
- any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the user of or inability to use the Service,
- any communications, interactions or meetings with other users of the Service, or other persons with whom you communicate or interact as a result of your use of the Service,
This applies whether or not Rewindy has been informed of the possibility of such damage.
Rewindy shall have no liability for any failure or delay due to matters beyond their reasonable control. In no event with Rewindy' aggregate liability arising out of or in connection with these terms or from the use of or the inability to use the Service exceed ten (10) euros. The limitations of damages set forth above are the basis of the bargain between you and Rewindy. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. The foregoing shall not apply to the extent prohibited by applicable law.
Although this Service may be accessible worldwide, we make no representation that accessing them from areas where it is illegal is prohibited. Those who choose to access this Service from such locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Service is void where prohibited.
Disclaimer of Warranties
The Website is provided as is. Rewindy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade. Neither Rewindy nor its suppliers and licensors, makes any warranty that the Service will be error free or that access there will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the service at your own discretion and risk. Rewindy makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Service.
You are solely responsible for all of your communications with other users of the Service, and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that Rewindy does not screen the users of the Service, or try to verify the statements of users of the Service.
Rewindy makes no representations of warranties as to the conduct of users of the Service, or their compatibility with any current or future users of the Service. You agree to take reasonable precautions in all communications and interactions with others users of the Service, and with other persons with whom you communicate as a result of your use of the Service.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users of the Service. You agree that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.
We make no warranty regarding any transactions executed through, or in connection with this Service. You understand that such transactions are conducted entirely at your own risk.
Content that is shown on this represents the opinions of that user not connected with Rewindy. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Rewindy spokesperson speaking in his/her official capacity.
The failure of Rewindy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rewindy.
Terms of Service Agreement
These Terms constitute the entire and exclusive understanding and agreement between Rewindy and you concerning the subject matter of the Service. These Terms supersede and replace any and all prior oral or written understandings or agreements between Rewindy and you regarding the Service.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
You agree to indemnify and hold harmless Rewindy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the use of the Service, or your violation of these Terms, including but not limited to your violation of this Agreement.
You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions. Rewindy may assign or transfer these Terms without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Changes to Terms of Service
Rewindy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Rewindy may also, in the future, offer new services and/or features through the Service. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
By accessing the Rewindy service, you agree to have this Agreement provided to you in electronic form.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Finland without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the Helsinki municipal court and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and Rewindy. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
If you have any questions about these Terms or any questions, complaints or claims with respect to the Service, please contact us at email@example.com
We encourage users to submit feedback and development ideas to Rewindy. We can be contacted by firstname.lastname@example.org or in the current Beta version on the site through the Feedback form found on the page, or by other communication means, (electronic mail, post, oral communication or other means). We reserve the right to respond your feedback but cannot guarantee to do so.
You acknowledge and agree that all Feedback will be the sole and exclusive property of Rewindy. You hereby irrevocably assign to Rewindy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein.