Terms of Use

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMEKS OY (“COMEKS”) STATING THE TERMS THAT GOVERN YOUR USE OF THE COMEKS ONLINE COMMUNITY (“COMMUNITY”). BY ACCESSING THE COMMUNITY YOU ACCEPT THIS AGREEMENT AND WILL ENTER INTO A BINDING LEGAL CONTRACT WITH COMEKS. PLEASE PRINT THIS AGREEMENT AND SAVE IT ELECTRONICALLY FOR YOUR RECORDS.

You are only authorised to access, review and use the Community if you agree to abide by this Agreement and any applicable legislation.

1. DEFINITION OF COMMUNITY

Comeks Community is a web based service that enables you to access and review strips made by third parties and related material. Use of Comeks Community will be governed by these Terms of Use and the Comeks’ personal data policy (available at www.comeks.com.) that is hereby made an integral part of this Agreement.

2. LICENSE GRANT

Subject to the terms and conditions of this Agreement Comeks grants you (and you agree to comply with) a non-sublicensable, non-transferable, non-exclusive limited license to:
a) access Comeks Community;
b) review the strips and other content provided at Comeks Community; and
c) comment the strips available through the Community.

Comeks does not sell anything to you. You are granted only with the right to use as stated above. The rights granted to you are non-exclusive and Comeks grants several people with similar rights.

3. CONTENT

You specifically acknowledge and agree that the risk arising out of utilising the Community remains with you. Comeks does not in any way review the strips provided on the Community before they are posted to ensure that they comply with applicable legislation, do not contain any personally identifiable information, nudity, obscene, harassing, violent or otherwise objectionable material or that do not infringe any third party proprietary material such as intellectual property rights or other rights of third parties. The persons posting the strips are solely liable for their content.

In addition Comeks does not warrant that the strips are free of any commercial or ideological purposes or messages or otherwise endorse any cause or contain any incorrect or misleading information or statement.

NOTHING POSTED ON THE COMMUNITY REPRESENT OFFICIAL OPINION OF COMEKS OR COMEKS’ ENDORSEMENT OF SUCH MATERIAL, STATEMENT OR INFORMATION.

Comeks does not allow breach of legislation, personal rights or other third party rights and will remove any content from the Community upon notification. You are able to notify Comeks of such content by sending an email to the following address:[osoite] .

4. INTELLECTUAL PROPERTY RIGHTS

The Community and any content, including but not limited to any software, code, data, logos, brands, graphichs, copyrights, trade or service marks and names, domain names, designs, know-how, trade secrets and any other intellectual property rights, registered or unregistered and applications thereof (“Intellectual Property Rights”) throughout the world are protected by Finnish and international legislation and treaties and are the exclusive property of Comeks and/or its licensors.

All ownership rights, title and Intellectual Property Rights and rights in or relating to confidential informations shall remain with Comeks and/or its licensors. You are granted only with a right to use in accordance with this Agreement.

To the extent that the Community includes some third party components that are governed by third party licenses, those components are instead governed solely by the respective licenses.

You agree not to:
a) adapt, alter, modify, decompile, translate, dissemble, or reverse engineer the Community or any component thereof,
including without limitation, the source code and any other underlying ideas or algorithms and related software;
b) copy any part of the Community or any strips or any other content (including Intellectual Property Rights);
c) hinder the usability and accessibility of the Community in any way; and
d) transfer, sub-license, loan, sell, rent, distribute, lease or create derivative works based on any part of the Community or strips or other content.

5. FOR PERSONAL USE ONLY

The rights granted to You under this Agreement are only granted for non-commercial personal use. You shall not use the Community or any strips or other content (including Intellectual Property Rights) for any commercial purposes.

6. CONFIDENTIAL INFORMATION

The source code and any other underlying ideas or algorithms of the Community are proprietary and confidential information of Comeks and you shall keep such information confidential and not to disclose it to any third parties.

7. PRIVACY POLICY

Your use of the Community is subject to Comeks’ Privacy Policy provided at www.comeks.com, which is expressly made a part of this Agreement. You agree to comply with the Privacy Policy.

8. NO SUPPORT

Comeks is not liable to offer any type of support for the Community.

9. WARRANTIES

COMEKS COMMUNITY IS PROVIDED “AS IS”. APART FROM THE TERMS SET OUT IN THIS AGREEMENT, NO CONDITIONS, WARRANTIES, PROMISES OR OTHER TERMS APPLY TO THE COMMUNITY.

COMEKS DOES NOT GUARANTEE, REPRESENT OR WARRANT:
a) THE QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTIONS OF THE COMMUNITY AND ITS CONTENT:
b) THAT THE COMMUNITY MEETS YOUR EXCEPTATIONS;
c) THAT YOUR USE OF THE COMMUNITY WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE;
d) THAT THE COMMUNITY AND ITS CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR ANY OTHER SECURITY INTRUSION;
e) THAT YOUR USE OF THE COMMUNITY WILL COMPLY WITH THE LEGISLATION IN THE JURISDICTION WHERE YOU ARE LOCATED;
f) THAT THE COMMUNITY AND ANY STRIPS OR YOUR USE OF THE COMMUNITY OR ANY STRIPS DOES NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTIES ANYWHERE;
g) THAT YOU ARE ABLE TO REVIEW STRIPS THROUGH THE COMMUNITY;
h) THAT YOU ARE ABLE TO ACCESS THE COMMUNITY;
i) THAT THE STRIPS DO NOT CONTAIN ANY ILLEGAL OR OTHERWISE SUBJECTIONAL OR INAPPROPRIATE MATERIAL; AND
j) THAT THE INFORMATION PROVIDED IN THE COMMUNITY IS ACCURATE OR CORRECT.

YOU ARE RESPONSIBLE FOR DECIDING WHETHER OR NOT THE COMMUNITY IS SUITABLE FOR YOUR PURPOSES AND COMEKS WILL NOT BE RESPONSIBLE FOR THIS.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER SYSTEMS OR LOST OF DATA OR OTHER DAMAGES ATTRIBUTABLE TO YOUR REVIEWING OR DOWNLOADING ANY CONTENT FROM THE COMMUNITY.

10. LIMITED LIABILITIES

TO THE EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL COMEKS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES WHICH WERE NOT REASONABLY FORESEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT.

IN NO CASE SHALL COMEKS, ITS OFFICERS OR EMPLOYEES BE LIABLE FOR ANY LOSS OF REVENUES, PROFITS, CONTRACTS, SAVINGS, GOODWILL, DATA, COSTS OF ANY SUBSTITUTE SERVICES OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES.

THESE LIMITATIONS APPLY EVEN IF COMEKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSESS OR DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMEKS FOR ANY CLAIM ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR COMMUNITY EXCEED THE AMOUNT OF FEES PAID BY YOU TO COMEKS UNDER THIS AGREEMENT.

11. YOUR LIABLITY

By accessing the Community, you agree to indemnify and hold Comeks harmless with respect to any claims arising out of your breach of this Agreement.

12. CONSUMER PROTECTION

Under the laws of the country where you are located, you may have additional rights and remedies on the basis of the mandatory provisions of the local consumer protection legislation. This Agreement does not affect such rights and remedies.

13. LINK TO THIRD PARTY SITES

The Community may contain links to third party websites. Such links are provided for your convenience only. Comeks is not responsible for access to such third party sites or for their content, advertising, products, services or other material available through them. Comeks has no liability, direct or indirect, for any damage or loss caused by actions taken in reliance on or in conjunction with third party sites. You should read and comply with the terms of use and other terms and conditions of such third party sites.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions, and both parties hereby submit to the exclusive jurisdiction of the Finnish courts. Nothing in this Agreement shall however prevent or restrict Comeks from seeking injunctive or similar relief in any jurisdiction, nor bringing an action against you in the jurisdiction in which you are resident. The United Nations Convention on Contract for the International Sales of Goods do not apply to this Agreement.

15. MISCELLANIOUS

This Agreement constitutes the entire agreement between you and Comeks. This Agreement supersedes any prior agreement or understanding, whether oral, written or silent, relating to the subject matter of this Agreement. In the event that any provision of this Agreement is found invalid, that finding will not affect the validity of the remaining parts of this Agreement. Comeks may assign or subcontract this Agreement or Commynity to any third party.

Comeks Community, this Agreement and any related material and additional services will be provided in English language only.

Comeks reserves the right to make any amendments and changes to the Community any time without any prior notice.

16. CONTACT INFORMATION

Comeks Community is provided to you by Comeks Oy, a company existing and established under the laws of Finland (Business Identity Code: 1967004-7), having its registered office at Unioninkatu 45 A 124, 00170, Helsinki, Finland.

For more information please visit www.comeks.com.