Effective Date: January 11, 2023
IMPORTANT!
Please make sure that your parent or guardian read the agreement below with you and agree to it for you. If you do not get your parent or guardian to read and agree to this, you cannot use EO Space. Always get an adult's permission before going online and accepting any terms of service.
Please read this Terms of Service ("Agreement") carefully before using the services offered by EO Space Oy ("EO Space" or "we", "us", "our"). This is a binding agreement between you and EO Space. By accessing and using the services in any manner, you agree that you have read and agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms of this Agreement, you may not use the services.
1. General Provisions
1.1. This Agreement regulates and specifies the conditions of the registration made by you on the website located at: https://eo-space.com ("Website") and its subdomains (if any) operated by EO Space Oy and the conditions of using the learning platform available at: https://f0.game.eo.events/g1/desksweek/?t=1673425465 ("Platform"). As part of the Services, we provide a Platform and various related games, applications, features, content.
2. Registration
2.1. In order to access certain features of the Platform you may be required to register for an account ("Account"). You may be required to provide to EO Space, as a condition to using the Platform, certain personally identifiable information ("Personal data"). EO Space retention and use of all Personal data shall be subject to EO Space Privacy Policy as posted on [URL TO PRIVACY POLICY].
Currently we offer the following types of Account creation:
The Platform provides automatically generated login and password. You should save this information for future access of the Platform and in order not to lose any achievements made. Make sure this information is kept securely;
You may sign up with your credentials. We ask you to provide us with your Name, first letter of your last name and a password. Make sure you remember this information in the future and if written down it is kept securely.
2.2. If registering with your own credentials, you agree that you will provide complete and accurate registration information and keep your account information up-to-date. You agree (a) that you are solely responsible for all activities that occur under your Account, (b) to notify us immediately of any unauthorized Account use, (c) that we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password, and (d) that you will not sell, transfer, or assign your Account. If we learn that an ineligible user has created an Account, we may seek confirmation of the user's status or deactivate the Account.
3. Termination and Suspension of Account
You have the choice to stop using our Services at any time. We reserve the right to suspend or end the Services at any time at our discretion and without notice, if you are not complying with EO S[ace's Terms of Services, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. We reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll provide you with notice via the email address associated with your account before we do so.
4. Content
As between us and you, the Platform, including any specific functionalities of our services (including past, present and future versions) are owned, controlled or licensed by EO Space, and are protected by law from unauthorized use.
4.1. The Website and the Platform contains a variety of content including, without limitation: (i) software, technology, text, games, information, videos, photos, pictures, graphics, music, sounds, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the service: (ii) trademarks, logos, trade names, service marks, and trade identities of EO Space; and (iii) other forms of intellectual property (all of the foregoing, collectively "Content").
4.2. You acknowledge that EO Space owns all intellectual property rights in and to the Content, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. You may not remove the copyright and other proprietary rights notices from the Content. EO Space does not grant you any express or implied rights in any patents, copyrights, trademarks, or trade secret information of EO Space.
4.3. You will acquire no right to use, and will not use without EO Space's prior written consent, the names, characters, artwork, designs, tradenames, copyrighted materials, trademarks or service marks of EO Space or its parent, related or subsidiary companies, employees, directors, officers, shareholders, assign, successors, licensors or licensees: (a) in any advertising, publicity, marketing, promotion or on any website; or (b) in any manner other than in accordance with this Agreement. You do not acquire any ownership rights over the Content by using the Website/Platform.
4.4. You agree not to copy, redistribute, publish or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of EO Space.
4.5. All comments, feedback, suggestions, ideas, and other submissions ("Feedback") disclosed, submitted, or offered to EO Space by you in connection with the use of the Website/Platform shall be the exclusive property of EO Space. You agree that unless otherwise prohibited by law, EO Space may use, sell, exploit and disclose the Feedback in any manner, without restriction and without compensation to you.
5. Use and Restrictions
5.1. Use of EO Space Website/Platform requires a browser and an internet connection. The Website/Platform can be used with compatible desktop and mobile browsers. Even if the services provided via Website/Platform have been tested on different devices, browsers and operating environments, EO Space cannot provide any warranties that it will function error-free on all possible devices, browsers and operating environments.
5.2. You are responsible at your own cost and expenses to acquire and maintain necessary devices, software and internet connections required for the use of the Website/Platform. EO Space does not guarantee that the Website/Platform can be used specifically with your device, software and internet connection. EO Space is not responsible of the possible outages or disconnections of the application for instance due to updates, technical issues or problems or other similar reasons. EO Space is not responsible for any damages caused by or relating to use or inability to use the Website/Platform.
5.3. You may use EO Space Platform and/or the Content for lawful purposes as provided in this Agreement only. You will not, without EO Space express written consent:
• copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which EO Space provided it to you;
• use EO Space to conduct or promote any illegal activities;
• attempt to reverse engineer or jeopardize the correct functioning of EO Space, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies EO Space;
• attempt to gain access to secured portions of EO Space to which you do not possess access rights;
• use any high volume automatic, electronic or manual process to access, search or harvest information from EO Space (including without limitation robots, spiders or scripts);
• interfere in any way with the proper functioning of EO Space, or interfere with or disrupt any servers or networks connected to EO Space, or disobey any requirements, procedures, policies or regulations of networks connected to EO Space;
• use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on EO Space or the Content contained on any such web page for commercial use without our prior express written permission;
• impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• mirror or frame EO Space or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages;
• use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text;
• create derivative works from the Content or commercially exploit any part of the Content in any way;
• use any portion of a EO Space or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or
• alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
6. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EO SPACE OY EXPRESSLY DISCLAIMS ALL WARRANTEIS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUROY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EO SPACE OY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EO SPACE OY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EO SPACE OY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
8. Digital Millennium Copyright Act
EO Space is committed to respecting and protecting the legal rights of copyright owners. As such, EO Space adheres to the following notice and take down policy, in full compliance with Section 512(c) (3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a written notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must be provided to EO Space's designated agent, ("Copyright Agent"), as set forth below, and include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
EO Space's Copyright Agent to receive DMCA Takedown Notices may be contacted at: legal@eo-space.com
For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Services. You acknowledge that for EO Space to be authorized to take down any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
9. Governing law
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the Republic of Finland.
10. General Provisions
A. Communications. When you communicate with us electronically, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry, but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
B. Operation of Services; International Issues. We control and operate the Services from the Republic of Finland. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (e.g., any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
C. Severability; Interpretation. If any provision of this Agreement, or any Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that this Agreement, and additional terms, will not be construed against us because we drafted them.
D. Assignment. We may assign our rights and obligations under this Agreement, or any additional terms, in whole or in part, to any party at any time without any notice. This Agreement, and any additional terms, may not be assigned by you, and you may not delegate your duties under them.
E. No Waiver. No waiver by us of any of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of EO Space Oy.
F. Updates to Terms. We reserve the right to modify this Agreement, or any Additional Terms, from time to time in our sole discretion ("Updated Terms"). You agree that any Updated Terms will be effective immediately upon our posting them on the Services provided that (i) any modification to Section 7 related to dispute resolution shall not apply to any Dispute initiated prior to the applicable modification, and (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification. If you do not cancel your Account within 7 days after receiving notice of Updated Terms as described above, or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and be bound by, the Updated Terms.
G. Survival. In the event of any termination of this Agreement, whether by you or the Company, the following Sections will continue in full force and effect: Section 5 (Use and Restrictions), Section 9 (Governing Law), Section 6 (Disclaimer of Warranties), Section 6 (Limitations of Liability), Section 8 (Digital Millennium Copyright Act), and Section 10 (General Provisions).
I. Entire Agreement. This Agreement constitute the entire agreement and understanding between Company concerning the subject matter of the Terms and supersedes all prior agreements and understandings of the parties with respect to that subject matter. This Agreement may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and Company. To the extent that anything in or associated with the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
J. Contact Us. If you have any questions or concerns with respect to this Agreement or the Services, you may contact us privacy@eo-space.com
