TERMS OF SERVICE

Last updated: 16.03.2018

 

General

Please read these Terms of Service ("Terms") carefully before using the http://www.lyfta.com website and the go.lyfta.com application (the "Service") operated by Lyfta ("us", "we", or "our").

 

These Terms apply to all visitors, users and others who access or use the Service (you or “User(s)”). By accessing or using the Service you agree to enter into this legally binding agreement (the Terms) with Lyfta. If you disagree with any part of the Terms, do not use or access the Service. We update these Terms regularly, so please come back from time to time to review the Terms and to make sure you are comfortable with the provisions.

 

Use of service

The Service allows the User to access virtual storyworlds and curriculum-based teacher materials to teach students about different global issues using a computer, a tablet device or a VR headset.

Lyfta provides the Service for use by public and private educational entities. Misuse of the Service may lead to the termination of this Agreement by Lyfta.

Lyfta may from time to time offer trials of the Service for a limited period either free of charge or at a reduced rate. Lyfta reserves the right, at its absolute discretion, to determine your eligibility for an offer trial and, subject to applicable laws, to withdraw or to modify an offer trial at any time without prior notice and without liability, to the maximum extent permitted under by law.

 

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 and other files, and their selection and arrangement (the "Content"), are the proprietary property of the Company or its licensors with all rights reserved. Lyfta grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to make personal, non-commercial, use of the Content and the Service. You are responsible for anything that happens through your account unless you close it or report misuse.

In the case that the Service is used by a public or private educational entity for educational purposes, the User agrees to use the Content only as a part of the educational practises of the entity in accordance with the provisions of the subscription, if any. The User agrees that the Service or the Content may not be redistributed, transferred or assigned.

The Service and the Content are licensed, not sold, to the User, and Lyfta and its licensors retain ownership of the Service and Content, and any copies thereof, even after installation on the User’s personal computers, mobile handsets and/or other relevant devices, if any.

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.

User Content shall mean any suggestions or other feedback regarding our Service or Content. You agree that Lyfta may use and share such User Content for any purpose without any compensation to you.

 

Usage restrictions

In order to use, access or subscribe to the Service, the User needs to be at least 18 years old. However, in a learning environment the User of the Service may allow children under the age of 18 to access the service with their temporary passwords during the teaching session. The User remains responsible for ensuring the suitability of the Content and Service for their students.

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 as part of the educational practise of a public or private educational entity:

·use the Service and the Content available through the Service, for other than personal, non-commercial, educational 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 the Agreements 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, save for subscriptions entered into with educational entities;

·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 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.

 

Privacy

Your privacy is of utmost importance to us, as we believe that by protecting your privacy, we also make our service better. In order to see how we collect and process personal data, please see our Privacy Policy.

 

Network and device requirements

The quality of the display of the Lyfta Service may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Lyfta Service will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your device.

The Service works best through the Chrome browser (Google Chrome 20 or newer). Other browsers may be used to view content, such as Safari 6+, Firefox 10+ tai IE10+, but Lyfta does not guarantee that the Service is optimised for those browsers.

 

Lyfta’s Service works best on

  • Windows 10 and Mac Laptop and Desktop devices released after 2015

  • Samsung S2 –tablets, released after 2016 that use the latest Android OS version.

  • iPads released 2015 or later on the iOS version 7.1 or newer.

 

Fees and payment

These payment terms apply to you in case you do not have a separate agreement with Lyfta regarding your use of the Service.

The fees for using the Service are set out on the Lyfta website.

All payments made in accordance with this Agreement are non-refundable. For clarity, in the event of early termination during a subscription period, the User shall not be entitled to a refund of any prepaid fees.

Payment for the use of the Service shall be made in advance. Payment options shall be updated on the Lyfta website from time to time.

Lyfta shall be entitled to adjust the fees and charges of the Service at any time with a 30-day prior notice. The change shall not affect the fees and charges for subscription periods which have commenced before the effective date of the change.

 

Service availability

Lyfta will make commercially reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Lyfta 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 you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof.

Lyfta 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. Lyfta 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.

 

Intellectual property rights

Lyfta reserves all of its intellectual property rights in the Service, and the Content. Using the Service does not give you any ownership in our Service or the Content or information made available through the Service. Trademarks and logos used in connection with the Service are the trademarks of their respective owners.

 

Disclaimer and limitation of liability

No Warranty

TO THE EXTENT PERMITTED BY LAW, LYFTA DISCLAIMS A) ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS (FOR EXAMPLE WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA AND NON-INFRINGEMENT) B) DOES NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND C) PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Exclusion of Liability

TO THE EXTENT PERMITTED BY LAW, LYFTA SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE SERVICE.

IN NO EVENT SHALL THE LIABILITY OF LYFTA EXCEED, IN THE AGGREGATE FOR ALL CLAIMS OR LIABILITIES, AN AMOUNT THAT IS THE LESSER OF A) TWICE THE YEARLY FEE THAT YOU HAVE PAID FOR THE SERVICE, OR B) ONE THOUSAND EURO.

 

Termination

The Agreement will continue to apply to you until terminated by either you or Lyfta. However, you acknowledge and agree that the perpetual licence granted by you 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. Lyfta may terminate the Agreement or suspend your access to the Service at any time with or without notice, including the event of your actual or suspected unauthorised use of the Service and/or Content, or non-compliance with the Agreement.

You may terminate this Agreement at any time.

If you or Lyfta terminate this Agreement, or if Lyfta suspends your access to the Service, you agree that Lyfta shall have no liability or responsibility to you and Lyfta will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

 

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.

 

Severance

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.

 

Assignment

Lyfta 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.

 

Non-waiver

If we don’t enforce a breach of these Terms, that does not mean that we have waived our right to enforce these Terms or any part hereof.

 

Applicable law and dispute resolution

This Agreement shall be governed by and construed in accordance with the laws of Finland, except for its provisions on choice of law.

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland.