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CHATPOINTS Terms of Use and Privacy Policy

TERMS OF USE

1 ACCEPTANCE OF TERMS

Welcome to CHATPOINTS, provided to you by Boogie Software Oy, a company incorporated and existing under the laws of Finland (business identity number 2028434-6) having its registered office at Kasarmintie 15, 90130 Oulu, Finland ("we" or "us"). CHATPOINTS provides sport and entertainment event related chat points located around the world ("Service"). These Terms of Use ("TOU") govern your use of the Service and content offered by us through CHATPOINTS. By using CHATPOINTS, you accept and agree to be bound by the TOU. If you disagree with the TOU or any changes thereto, you should discontinue your to browse and use of CHATPOINTS. The TOU may be updated by us from time to time with or without notice to you. You should review the TOU periodically for changes at www.chatpoints.com.

2 REGISTRATION

You can explore the Service as a guest user without registering. However, as a registered user you will be able to select a nickname, store your favorite chat points and use other advanced features. Should you provide any information relating to you registration that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any future use of the Service (or any portion thereof).

3 ACCOUNT, PASSWORD AND NICKNAME

You can define a nickname (user name) and a password for yourself at the registration. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

4 CONTENT

You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials in CHATPOINTS ("Content") are the sole responsibility of the person from whom such Content originates. You are entirely responsible for all Content that you upload to, post in or transmit via the Service. Any Content in CHATPOINTS is for your general information and use only. It is subject to change without notice in advance. We do not control the Content and do not guarantee the accuracy, integrity or quality of Content. You acknowledge that by using the Service, you may be exposed to Content that is incorrect or objectionable including but not limited to the Content in relation to the score lines of sport competitions and games as well as the schedule and location of the sport and entertainment events. For the sake of clarity it is noted that all the Content in relation to the score lines as well as the schedule and scene of the sport and entertainment events shall only be transmitted by us, not established or produced by us. Under no circumstances will we be liable in any way for any Content, including, but not limited to, errors or omissions in Content, or for any loss or damage whether direct or indirect incurred as a result of the use of any Content. You agree not to use the Service to:
  1. upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  4. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  5. interfere with or disrupt the Service or servers or networks connected to the Service, or otherwise act in a manner that negatively affects other users' ability to use the Service; collect, process, combine or store personal data about other users or "stalk" or harass anyone; or
  6. violate any applicable law or regulation.
You acknowledge that we have no obligation to monitor any Content. We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any Content that is available via the Service that may violate the TOU or is otherwise objectionable or unwanted. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of any Content.

5 POSTING CONTENT IN CHATPOINTS

With respect to Content that you elect to post in the Service, you grant us a perpetual, world-wide, non-exclusive, royalty free license to publish, reproduce and modify such Content solely for the purpose of promoting sales of products in the Service. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Service, and that under no circumstances will we be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any Content including personal data or information posted to the Service by you (excluding your e-mail address and password given in the registration) may remain publicly accessible for an indefinite period.

6 PRIVACY POLICY

Registration Data and certain other information about you is subject to CHATPOINTS Privacy Policy. For more information, please see our full privacy policy below.

7 COMPLIANCE WITH LOCAL LAWS AND RULES

You agree to comply with all local laws and rules regarding online conduct and acceptable Content as well as with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

8 MODIFICATIONS TO SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service may become partly liable to charge with a notice in advance. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9 LINKS

From time to time CHATPOINTS -website may include links to other websites. The links are provided for your convenience to receive further information. The Links do not signify that we endorse the website. We do not have any responsibility for the content of the linked website.

10 PROPRIETARY RIGHTS

CHATPOINTS -website contains some material which is owned by or licensed to us. This material includes, but is not limited to, design, layout, look, appearance and graphics of the CHATPOINTS -website. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Content, in whole or in part. You agree not to access, or make an attempt to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

11 INDEMNITY

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and other partners, merchants and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of or connection to the Service, your violation of the TOU, or your violation of any rights of another.

12 DISCLAIMERS

You expressly acknowledge and agree that: Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality or fitness for a particular purpose. We make no warranty or representation 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, (iv) and the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations. Downloading or otherwise obtaining any content through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such content. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty or other obligation not expressly stated in the TOU. Your Internet and/or mobile carrier's standard or other rates apply for all data communication occurring when using the Service. Limitation of liability You expressly acknowledge and agree that we shall not be liable for any damages whatsoever, whether direct or indirect, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages. Our entire liability and your exclusive remedy shall not exceed the amount paid by you for the Services. Should the Services be free of any charge shall our entire liability and your exclusive remedy be at the maximum one (1) euro. You agree that regardless of any statute or law to the contrary, to be valid any claim or cause of action arising out of or related to use of the Service, any products displayed in or sold through the Service or the TOU must be filed within one (1) year after such claim or cause of action arose. Exclusions and limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damage. Accordingly, some of the above limitations of sections 14 and 15 may not apply to you. Nothing in the TOU shall affect the statutory rights of consumers.

13 TERMINATION

You agree that we may terminate, in our sole discretion, your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOU. You agree that any termination of your access to the Service under any provision of TOU may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account. Any account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with guidelines and policies of CHATPOINTS. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.

14 NOTICE

Notices to you may be made via email. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.

15 GOVERNING LAW

Any and all of the use of the CHATPOINTS -website and TOU shall be governed by and construed in accordance with the laws of Finland. Any claim, controversy or dispute arising out of or relating to TOU or the breach, invalidity or termination hereof shall be handled in Oulu District Court in Finland.

PRIVACY POLICY

Description of the File Description of the File according to the Finnish Personal Data Act (523/1999) 10 §

1. Name and address of Controller

Boogie Software Oy
Kasarmintie 15
90130 Oulu

2. File Maintenance

Boogie Software Oy
Kasarmintie 15
90130 Oulu

3. Name of the File

Chatpoints user register

4. Purpose of the processing of the Personal Data

The purpose of the File is to maintain the information of members, to develop services, to manage relations, to produce services that require invoicing and registration. The Personal Data can be used for marketing purposes according to the Finnish Personal Data Act.

5. Sources of Data

The Personal Date is collected as the customer creates the Chatpoints-account, updates his / her particulars and uses the services. In addition it is possible to save information that is given at the time of service is provided or maintained.

6. The Content of File

The content of the File consists of the following information:
The customer information: E-mail address as username
Password
Nickname

7. Transfer of Personal Data

The Controller may assign Personal Data for direct marketing purposes if the person has not prohibited it. The Controller can transfer Personal Data to the authorities within the rules of legislation. The Personal Data can be assigned outside the European Union or the EEU as well. The Controller may make the Personal Data public if the Person has given a notice of consent (electronically or otherwise) for the Controller to do so.

8. File Protection

The File is maintained in an electric form through the ADT-system. Only the authorized personnel have a right to use the file as a whole. Signing ins to the File shall be recorded in log files. The File and the Personal Data are saved in a secured database.

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