As used in this Agreement, the following capitalized terms shall have the meaning set out below.
“User” shall mean the entity or person having subscribed and signed up to the Service hereunder.
“Company” shall mean Icebreaker Fund Management Oy (business ID: 2760592-3)
“Party” shall mean User or Icebreaker Fund Management Oy (jointly the “Parties”).
“Service” means the online community networking service provided by the Company, which allows the User to connect and network in business related matters with a community under certain terms and conditions as set forth in this Agreement.
“Icebreaker Website” means the website of Icebreaker, icebreaker.vc.
“Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
“Customer Data” shall mean all User’s data that a User or another Party acting on the User’s behalf generates in or submits to the Service.
“User Content” shall mean the content posted or uploaded by the User (which may include for example, pictures, text, messages, information, designs, models and/or other types of content).
2. Use of Service
Icebreaker provides an online community networking service provided by the Company, which allows the User to create a profile in order to connect and network with other users by using a computer, a mobile or other compatible device.
Icebreaker provides the Service for private users as well as for use by public and private entities, depending on how the User has signed up for the Service.
Icebreaker shall have the right to use all data and Content entered into the Service without restrictions, to the fullest extent permitted by applicable law.
In order to subscribe and sign up to the Service, the User needs to be at least 18 years old.
3. User’s obligations and rights
All content on the Service and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound, designs, models and other files, and their selection and arrangement (the "Content"), are the proprietary property of the Company or its licensors with all rights reserved. Icebreaker grants the User a limited, non-exclusive, revocable license to make personal, non-commercial, use of the Content.
The User warrants and agrees to use the Content only for his own personal, non-commercial use and that the User shall not redistribute or transfer the Service or the Content.
When registering, the User shall provide true, current, accurate and complete information as prompted by the registration form and update such information in order to keep it current.
The User is not permitted and not entitled to permit others to do any of the following, regardless of using the Service for the User’s own personal use or in case of legal entity, for internal purposes;
- use the Service and the Content available through the Service, for other than personal, non-commercial use;
- copy, redistribute, reproduce, record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Service or the Content, or otherwise make any use of the Service or the Content which is not expressly permitted under a separate written agreement by the Parties or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it;
- use the Service and the Content available through the Service in any manner that could damage, disable, overburden or impair the Service or the Content available through the Service;
- use any data mining, robots, scraping, or similar data gathering or extraction methods;
- sign up for an account on behalf of someone else or of any group or entity;
- use, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the Content available through the Service, except as provided herein;
- interfere with the other Users’ use and enjoyment of the Service;
- circumvent or try to circumvent any usage control or anti-copy functionalities of the Service;
- reverse engineer or decompile the Service or access the source code thereof, except as permitted by law;
- use the Service for transmitting any unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging;
- use the Service in violation of applicable law;
- to use the Service in ways that violate intellectual property rights, business secrets or privacy rights of third parties;
- use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.
4. Data Processing
5. User Content
User may post and upload content to the Service. The User warrants that, with respect to any User Content posted on the Icebreaker Intranet, the User has the right to post such User Content, and such User Content, or its use by Icebreaker as contemplated by the Agreement, does not violate the Agreement, applicable law, or the third party intellectual property rights (including without limitation copyright).
The User shall be solely responsible for all User Content that the User posts. Icebreaker is not responsible for User Content nor does it endorse any opinion contained in any User Content.
The User grants Icebreaker a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute any of the User’s User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Aside from the rights specifically granted herein, the User retains ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, the User also agrees to waive any “moral rights” such as the User’s right to be identified as the author of any User Content, including Feedback, and the User’s right to object to derogatory treatment of such User Content.
6. Limited Warranty
Icebreaker will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Icebreaker does not warrant that the Service will be uninterrupted or error-free. To the extent permissible under applicable law, Icebreaker reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to the User, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof.
The User shall understand, agree, and accept that Icebreaker has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Icebreaker and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
The Service is provided “as is” and “as available” without express or implied warranty or condition of any kind. This does not affect the User’s statutory rights as a consumer.
In no event shall Icebreaker be liable for any damages arising from the User’s access or use of the Service, or directly caused by the Service.
The Agreement will continue to apply to the User until terminated by either the User or Icebreaker. However, the User acknowledges and agrees that the perpetual license granted by the User in relation to User Content (including feedback) is irrevocable and will therefore continue after expiry or termination of any of the Agreement for any reason. Icebreaker may terminate the Agreement or suspend the User’s access to the Service at any time, including in the event of the User’s actual or suspected unauthorized use of the Service and/or Content, or non-compliance with the Agreement.
The User may terminate the Agreement at any time by signing off the Service.
If the User or Icebreaker terminate the Agreement, or if Icebreaker suspends the User’s access to the Service, the User agrees that Icebreaker shall have no liability or responsibility to the User, to the fullest extent permitted under applicable law.
9. Entire Agreement
This Agreement supersedes all prior agreements, arrangements, and understandings between the Parties relating to the subject matter hereof, and constitutes the entire agreement between the Parties relating to the subject matter hereof.
If any provision of this Agreement is declared by any judicial or other competent authority to be void, illegal or otherwise unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
Icebreaker shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets without the User’s prior consent.
The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Finland, except for its provisions on choice of law.