2. USE OF THE SERVICES
2.1 We recommend that you contact your internet service provider and mobile operator to verify the fees and charges you may incur when using our Services. You are solely responsible for any fees and charges for internet traffic and data usage that you may incur when accessing and using our Services.
2.2 At all times and at HKScan’s sole and absolute discretion, HKScan reserves the right to deny access to any of the Services. Furthermore, the content and feature of the Services may be adapted or have different availability depending on your location and the information provided in your user profile. For example, certain content will only be available for and accessible to users at a certain geographic location or fulfilling certain criteria set by HKScan or one of our affiliates.
2.4 When you access or use the Services (or parts thereof) you represent and warrant that you will not:
(a) breach or circumvent (or encourage anything that would breach or circumvent) any laws, rules, regulations or third party rights;
(b) gain access (or attempt to gain access) to any area where you do not have a right or permission to be;
(c) engage in (or promote) any discrimination, racism, hatred, harassment, bullying, bigotry or inappropriate action against any individual or group of individuals;
(d) post any false, unlawful, inaccurate, misleading, deceptive, pornographic, obscene, vulgar, offensive, fraudulent, defamatory or libelous content;
(e) interfere with or try to manipulate any scoring, rating or feedback function in the Services;
(f) distribute or post spam or unsolicited electronic communications;
(g) distribute viruses, malicious software, use any worms, Trojan horses, cancelbots, spyware, corrupted files, time bombs, robots, scrapers, spiders or any other automatic means to access, damage, disrupt or interfere with the Services for any reason;
(h) modify any file or any other part of the Services that HKScan does not specifically authorize you to modify;
(i) collect information about other users without their consent;
(j) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(k) frame, mirror or otherwise incorporate any part of the Services into any other website, software or service without our prior written authorization;
(l) bypass, circumvent or interfere with any technical measures used by HKScan to provide the Services; or
(m) impersonate another person or falsely imply that you are an employee or representative of HKScan.
2.6 Please note that there may be times when the Services (or parts thereof) are unavailable due to technical or maintenance-related reasons (whether on a scheduled or unscheduled basis).
3. USER GENERATED CONTENT
3.1 Please be aware that you are solely liable for any postings, images, comments, suggestions, ideas, data, videos, information, details, text, communications and other material published or submitted via the Services, or otherwise provided by you to HKScan (jointly ìUser Generated Contentî).
3.4 By providing, publishing and/or disclosing User Generated Content, you hereby grant to HKScan and its affiliates a global, non-exclusive, sub-licensable, royalty free license to use, edit, reproduce, modify, disclose, distribute, create derivative works from and/or publish such content in any of the Services. You hereby also expressly grant to HKScan a global, non-exclusive, royalty free license to use the User Generated Content in its marketing. HKScan reserves (at its sole and absolute discretion) the right to refuse to accept, publish, disclose, use or otherwise make User Generated Content available. Notwithstanding the aforesaid, any use of User Generated Content by HKScan shall always take place in accordance with the restrictions set out in applicable laws, such as consumer protection laws and data protection laws.
3.6 You acknowledge and agree that you rely on User Generated Content provided by other users at your own risk and that HKScan expressly disclaims any liability for User Generated Content.
4.2 The User may not copy, modify, change, reverse engineer or disassemble the Services (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material. You are expressly prohibited from any use of data mining, robots or similar data gathering and extraction tools in your use of the Services.
4.3 The User may not lend, rent out or otherwise permit anyone else to make use of or otherwise dispose of the Services (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material.
4.4 Any of HKScanís intellectual property (including but not limited to trademarks, trade names and other signs), included or referenced in any of the Services (the ìMarksî) are protected by national and international intellectual property rights laws. All use of the Marks or any confusingly similar name or mark is strictly prohibited without HKScan’s prior written approval. The Marks or any other HKScanís intellectual property may not be used in connection with any product or service that is not approved by HKScan or in any manner that is likely to cause confusion among customers or that disparages or discredits HKScan.
4.5 The User hereby undertakes to immediately inform HKScan regarding any claims from third parties arising out of or relating to the User’s use of the Services (or parts thereof) infringes such party’s rights.
5.1 Any and all content in the Services, including the Marks, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material are owned or licensed by HKScan.
5.2 Nothing in this Agreement shall be interpreted as a transfer of any of HKScan’s material or intellectual property rights to the User.
6. PERSONAL DATA AND OTHER INFORMATION
6.1 You hereby confirm that you have received information regarding our processing of your personal data, which is available at https://www.hkscan.com/en/contact-us/privacy-at-hkscan/
6.3 If you provide personal data attributable to anyone else, you warrant that such individual has reviewed and accepted the Terms and received information and, where relevant, given his or her consent regarding our processing of his or her personal data.
7. LIABILITY, NON-WARRANTY AND INDEMNITY
7.2 HKScan endeavors to keep the Services available at all times and to correct errors and defects without unnecessary delay. However, HKScan neither represents nor warrants that the Services provided by HKScan will be continuous, uninterrupted or error-free or that any defects will be corrected. The Services provided by HKScan are provided on an “as-is” and “as available” basis, without any express or implied warranties whatsoever, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose.
7.3 The User acknowledges and accepts that the Services may become unavailable due to planned or unplanned service, maintenance and/or updates.
7.5 The User is responsible for the communication between the User and the Services, and that the User has the hardware and software necessary to access and use the Services. The User is solely liable for defects and limitations in the User’s own software and/or hardware.
7.6 HKScan is not responsible for direct or indirect damages, such as delays, losses of income, goodwill, right to use, or information, or other financial loss caused by the Services or by the interruption of the Services. HKScanís liability is limited to the maximum extent permitted by the Finnish law.
8. LOCAL LAWS, FRAUD, INFRINGEMENT AND OTHER MISUSE
8.2 HKScan takes claims of breach of law, fraud, infringements of intellectual property rights and allegations of misuse seriously. If you believe that your rights have been infringed or that any user is using the Services in an unlawful manner, please notify HKScan by sending an email to legal.hkscan.com. HKScan will investigate any and all such claims, and will take the actions deemed appropriate, including, but not limited to, reporting claimed actions to relevant authorities.
9.1 The Services may provide links or references to other websites. HKScan has no particular knowledge of information contained in such other sites and does not endorse companies or products to which it links. HKScan does not have any responsibility for the contents or policies of such other sites and does not accept any liability for any damages resulting from your access to or use of such other sites. For the avoidance of doubt, HKScan neither endorses nor verify the content, offerings or conduct of third parties. If you decide to access any of the third party sites linked to the Services, you do so entirely at your own risk. HKScan reserves the right to terminate any link or linking program at any time.
10. FORCE MAJEURE
10.1 Any failure or delay by HKScan in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay to the extent such failure or delay is caused by fire, flood, earthquake, elements of nature, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of HKScan. HKScan does not accept any liability for the consequences arising out of any such force majeure events.
11. ENTIRE AGREEMENT, AMENDMENTS AND CHANGES
11.3 By using the Services after amendments and/or changes have entered into force, you have agreed to any and all such amendments and/or changes.
14. NO WAIVER
15. GOVERNING LAW AND DISPUTES
15.1 If you have any concerns or complaints, please contact HKScan at legal.hkscan.com.
15.2 By accessing the Services you agree that all matters relating to your access to and use of the Services provided by HKScan shall be governed by and construed in accordance with the laws of Finland, without giving effect to any principles of conflicts of law.