Terms of Use for web dictionary service

These rules apply ONLY to the products that include access to the Sanakirja.net Online, Ordbok.net Online or Eurotranslator.net Online webdictionary.


1. PARTIES, PURPOSE OF CONTRACT AND ENTERING INTO CONTRACT

 

These terms shall be applied to a dictionary database service supplied through the Internet and to dictionary programs used on workstations (hereinafter 'Dictionary Service') provided by Sandstone Ltd (hereinafter 'Service Provider') to be used by a natural person or by a legal person who has approved of this agreement and the terms thereof and who has received from Service Provider one or several user identifications or installation medias in order to use Dictionary Service (hereinafter 'Client').

 

A natural person or a legal person wishing to obtain the right to use Dictionary Service shall agree to the terms of this agreement and shall provide correctly and fully the information required by Service Provider. This can be done by registration at Service Provider's Internet site or otherwise as may be separately agreed.

 

The agreement shall take effect upon the acceptance of a person as its client by Service Provider and upon the issue of one or several user identifications or installation medias by Service Provider to Client in order for Client to use Dictionary Service.

 

For the agreement concerning Dictionary Services subject to a fee to become effective it is also required that Service Provider has sent Client a separate order confirmation. To be eligible for using Dictionary Service a natural person must have at least 15 years of age. Also a written consent by a guardian, given to Service Provider, is required for all natural persons under 18 years of age and for all legally incompetent persons.

 

Client shall agree to inform Service Provider without delay of any changes concerning Client's name, address or other information required by Service Provider.

 

2. THE RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES

 

2.1 Right of use

 

Client shall have the right to use Dictionary Service in compliance with the terms of this agreement and instructions given by Service Provider. The right is non-exclusive. Client will agree not to offend the law and good practice and to assume responsibility for all use of Dictionary Service with Client's user identifications or Installation medias.

 

2.2. Changing the terms of agreement

 

Service Provider shall have the right to unilaterally change the terms of this agreement. Service Provider shall inform Client of eventual changes and their effective dates at least one (1) month prior to the effective dates by supplying this information in connection with an invoice sent to Client, by e-mail to the address given by Client or by publishing this information on Service Provider's Internet site. If Client does not accept such changes, Client shall inform Service Provider of this without delay, one day prior to the effective date at the latest. In such case, Client's right to use Dictionary Service shall expire immediately and Service Provider shall deactivate Client's user identifications. If Client uses Dictionary Service after the changes to the agreement mentioned above have entered into force, Client shall be considered to have accepted the changes in the terms of the agreement. Changes due to laws, regulations, or measures by public authorities shall take effect immediately upon the effective dates of such laws, regulations or measures in question.

 

2.3. Blocking access to Dictionary Service

 

Service Provider shall have the right to monitor the use of the service and, in case of evident misuse or excess use of user rights, block Client's access to Dictionary Service and if necessary deactivate Client's user identifications. Service Provider shall also have the above-mentioned rights if Client has failed to pay its invoices regarding to the use of Dictionary Service. In case of misuse Client shall not be refunded for any possible advance payments before the expenses to Service Provider caused by the matter have been established and reimbursed.

 

2.4 Credit history and advance payment

 

Service Provider shall have the right to check Client's credit history as Dictionary Service is subject to a fee and shall have the right to at its own discretion demand from Client a fair advance payment or security. In event Client does not consent to this demand, Service Provider shall have the right to cancel the agreement with immediate effect.

 

2.5 Changing user identifications, content or other information

 

Service Provider shall have the right to change the e-mail address given to Client, Client's user identifications, Client's passwords and other information needed by Client in order to use Dictionary Service or information otherwise related to Dictionary Service if Service Provider shall deem it necessary in order to implement or run Dictionary Service. Service Provider shall have the right to provide Dictionary Service in the way it deems the best, and to change the content of Dictionary Service at its own discretion. Service Provider shall as far as possible notify of changes in advance on Dictionary Service's Internet site or by sending this information to an invoicing or an e-mail address given by Client. Service Provider shall not have an obligation to inform of technical changes, such as updates concerning hardware, software or databases.

 

2.6 Temporary disruption of Dictionary Service

 

Service Provider shall have the right to make Dictionary Service temporarily unavailable if it deems it necessary due to technical or software changes or improvements in Dictionary Service, or owing to installation, maintenance or modification concerning the general telecommunications network or if it shall be required by laws or regulations or the statements or measures by public authorities, or recommendations by central organizations related to the field. Service Provider shall strive for that the disruption is not unduly lengthy and for keeping inconveniences caused by a disruption to a minimum. Service Provider shall attempt to inform of disruptions in advance.

 

2.7.Service Provider's liability and limitations thereof

 

Service Provider shall aim as far as possible to produce Dictionary Service in a manner of utmost quality but shall not guarantee the reliability of Dictionary Service or for that of an information product or information service related to it or for that of other services, which can be accessed through Dictionary Service.

 

Service Provider shall not assume any liability for the correctness or completeness of Dictionary Service or for information received or transmitted by related services of third parties.

 

Service Provider shall not assume any liability for the compatibility of Client's hardware and software nor shall it guarantee that they shall function duly with Dictionary Service.

 

Service Provider shall not assume any liability for the functionality or accessibility of Dictionary Service nor for other disruptions in Dictionary Service, but shall aim on its own behalf as far as possible to keep Dictionary Service free from defects. Service Provider shall repair eventual faults and failures during regular business hours without unnecessary delay.

 

Service Provider shall as far as possible see to that Dictionary Service fulfils reasonable information security requirements but shall not, due to the nature of the service, assume any liability for gaps in information security or for eventual damages to Client caused by information security risks such as computer viruses. Service Provider however assures that installation medias provided by Service Provider are free from computer viruses.

 

2.8 Liability of Client

 

Client shall be responsible for payments and expenses relating to Dictionary Services subject to a fee according to Service Provider's price list. This responsibility is further prescribed in chapter 3 of this agreement.

 

Client shall be responsible for Client's hardware and Internet connections. Client shall see to that the hardware and software used by Client are not detrimental to Dictionary Service, Service Provider or to Dictionary Service's other clients.

 

Client shall be aware of the fact that an Internet environment may cause failures in the functionality of services, hardware or systems and of the fact that information security may be a risk in current data systems. It shall be Client's responsibility to protect Client's hardware and other systems.

 

Client shall specifically take appropriate measures and observe that computer viruses are not transmitted from Client's data system to Service Provider's or a third party's data system.

 

Client shall be liable for all damages to Service Provider, other users or third parties, caused by computer viruses or other corresponding applications or codes or other information which hinder or interfere with the use of Dictionary Service or inflict other damage and which he has intentionally or knowingly entered into Dictionary Service.

 

3. PRICING AND MARKETING

 

Service Provider shall have the right to charge Client for Dictionary Service subject to a fee in accordance with its price list. The pricing and terms of payment are based on the price list in force at the time in question and which is available on Service Provider's Internet site. Client shall agree to pay invoices sent by Service Provider by their due dates. In default of payment Service Provider shall have the right to charge Client an interest fixed by law on overdue payments and the right to charge for expenses arising from eventual demands for payment or for reminders.

 

Service Provider reserves the right to make amendments to their pricing and the basis thereof and to the terms of payment at its own discretion. Service Provider shall notify Client of such changes and their effective dates no later than one (1) month prior to the respective effective dates. The notification shall take place in connection with an invoice, by e-mail to an e-mail address supplied by Client or on Dictionary Service's Internet site. Expense increases due to laws, regulations, or measures by public authorities shall change Service Provider's pricing immediately upon their entry into force.

 

In the event Service Provider has deactivated the user identification due to a reason attributable to Client Service Provider shall have the right to charge a fee from Client for the reactivation of Dictionary Service.

 

4. LIMITATIONS OF LIABILITY

 

Service Provider shall not assume any liability for indirect damages, losses or detriments it may have inflicted on Client nor for disruption of Dictionary Service.

 

Concerning Dictionary Services subject to a fee Service Providers' liability shall always be limited to the equivalent of Client's payments for two (2) months of use of Dictionary Service.

 

The limitation of liability shall not be applied to intentional damage inflicted by Service Provider or to damage occurring from Service Provider's gross negligence.

 

Contracting parties shall not assume any liability for delay in their contractual obligations as far as it is due to force majeure which a contracting party was not able to foresee at the time of entering into the contract and which he has not been able to avoid later. A contracting party shall be under the obligation to notify the other party without delay of a force majeure and also when it ceases to exist. In a case of delay the other party shall have the right to abstain from his contractual obligations. If a contracting party's delay lasts more than fourteen (14) days the other party shall have the right to cancel the agreement.

 

5. INTELLECTUAL PROPERTY RIGHTS

 

Service Provider shall retain the copyright and other intellectual property rights to the databases and interfaces of Dictionary Service and to other objects protected by the law. Service Provider shall withhold all rights except the limited right of use to Dictionary Service as granted by and subject to the terms of this agreement.

 

Client shall not have the right to copy the database of Dictionary Service nor words or word lists supplied via its user interface to other databases or lists or for other purposes where material from Dictionary Service alters, adds to, removes or completes corresponding or similar material.

 

Copying any material to which intellectual property rights apply or using this material contrary to this agreement shall be prohibited.

 

Any infringement of intellectual property rights shall result in the termination of Client's right to use Dictionary Service and may also make Client liable for damages.

 

6. CONFIDENTIALITY AND DATA SECURITY

Client shall agree to safekeeping the user identifications with due care and shall understand that Client is also liable for any unauthorized use of user identifications resulting from Client's actions or negligence.

 

Client shall agree to immediately notify Service Provider if Client's user identification factually or eventually enters into the knowledge of a third party. The notification to Service Provider shall be done by telephone or by e-mail to the contact info found in Service Provider's website. Service Provider shall then annul the user identification in question and shall grant Client a new user identification. Client shall agree to cover all expenses arising from the change of user identification and shall on demand pay a reopening fee.

 

7. CUSTOMER INFORMATION

 

Client shall by accepting the terms of this agreement give appropriate consent to the handling and the use by Service Provider of Client's personal and business information.

 

In order to execute the rights and obligations of Service Provider and Client, Service Provider may collect an identity number for natural persons wishing to use Dictionary Service and may for legal persons collect their trade register number and/or register code.

 

Service Provider shall register the information provided by Client in connection with registration or at another time. In accordance with the law Service Provider may also register other information concerning Client. The information shall be kept at least until the termination of an agreement or longer if necessary unless Client separately forbids this in writing. The information in question can be handled and used for purposes relating to Dictionary Service and for research and for advertising and marketing carried out by Service Provider, its partners and advertisers.

 

Client shall have the right to deny the transfer and use of information concerning him for the purposes of direct advertising, telemarketing and for other direct marketing. Service Provider acts as a registrar in relation to the above-mentioned information.

 

8. GENERAL

 

Client shall not have the right to assign or transfer this agreement or a part thereof or any rights or obligations of Client under this agreement to a third party. Service Provider shall have the right to assign and transfer this agreement or a part thereof or its rights or obligations under this agreement to a third party.

 

All amendments and additions to this agreement shall be made in writing (including electronic documents) unless otherwise stated in the terms of this agreement.

 

Should a part of this agreement be deemed invalid, the invalidity shall not have effect on other contractual obligations except when the contractual relation should be clearly in imbalance compared with the original contractual relation. In such case the contracting parties shall agree to negotiate so as to make the content of the agreement in alignment with the purpose of the original agreement.

 

This agreement and Dictionary Service are intended for use in and from Finland. This agreement shall be governed by the laws of Finland. Any dispute arising out of or in connection with this agreement shall primarily be settled by discussion between the parties. Secondarily the dispute shall be settled in a general court of first instance. The seat of law shall be the city court of Helsinki. A Client who is a consumer as defined in consumer protection law can however present claims against Service Provider also in the general court of first instance of the locality in the judicial district of which Client officially resides.

 

9. PERIODS AND TERMINATION OF THE AGREEMENT

 

This agreement shall be effective until further notice. The agreement can be terminated at three (3) month's notice unless it has been separately otherwise agreed. In case of termination possible advance payments will not be refunded. Termination of the agreement shall occur by e-mail or otherwise in writing. Service Provider is also entitled to terminate the agreement by informing of this on its Internet site.

 

Both parties shall have the right to cancel this agreement if the other party has committed or permitted a material breach of the agreement. The infringed party shall always have the right to consider a breach of the agreement material if the party in breach has failed to remedy such breach within seven (7) days after receipt of written notice.

 

Service Provider shall always have the right to terminate the agreement if Client has entered into bankruptcy, entered into composition or corporate reorganization proceedings or financial restructuring, has entered into liquidation or becomes otherwise insolvent or incompetent and thus may not carry out his obligations.

 

Upon termination of this agreement the right of use as stated in this agreement to Dictionary Service and to other material possibly received with Dictionary Service shall expire. The contracting parties shall then agree to return or destroy material as defined in the terms of this agreement received from the other party. The termination of this agreement shall not exempt the parties from the duties and obligations created during the period of contract.

 

THIS SERVICE IS NOT INTENDED FOR USE IN THE UNITED STATES OF AMERICA AND NEITHER THIS AGREEMENT NOR ANY PART OR COPY OF IT MAY BE TAKEN, TRANSMITTED INTO OR DISTRIBUTED IN THE UNITED STATES OF AMERICA OR ITS TERRITORIES OR POSSESSIONS.