Terms of Service
Emended.com provides its service to the user subject to the following terms and conditions (the “Terms of Service” hereafter abbreviated as “TOS”).
Emended.com is a website owned and operated by Momocode oy, a company duly incorporated in Finland. Momocode oy provides services which include, but are not limited to:
- Access to the Emended text commenting platform/tool,
- Training and teaching consultancy, mainly related to giving feedback and text revision, and
- Consultancy in the fields related to pedagogy and course development.
Hereafter, the terms "Momocode oy" and "Emended.com" shall have the same meaning.
In consideration of the user’s use of the Service, the user confirms that the user is of legal age to form a binding contract. The user also agrees to (a) provide true, accurate, current, and complete information about his- or herself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If the user provides any information that is untrue, inaccurate, not current, or incomplete, or if Emended.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Emended.com has the right to suspend or terminate the account and refuse any and all current or future use of the Service.
Emended.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians of children under the age of 13 who wish to allow their children access to the Service must create an account that is maintained by a legal guardian of at least 18 years old and must monitor the child's usage. By allowing a child access to the user’s account, the user also gives the child permission to access all areas of the Service; this is at the user’s sole discretion and at his or her own risk.
If the user chooses to register, the user will receive a username and password upon completing the Service's registration process. The user is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under the password or account. The user agrees to (a) immediately notify Emended.com of any unauthorized use of the user’s password or account or any other breach of security and (b) ensure that the user exits from his or her account at the end of each session.
Emended.com cannot and will not be liable for any loss or damage arising from failure to protect the account. The user acknowledges, consents, and agrees that Emended.com may access, preserve, and disclose account information and Content if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to the user’s requests for customer service; or (e) protect the rights, property, or personal safety of Emended.com, its users, and the public.
The user agrees that Emended.com may, under certain circumstances and without prior notice, immediately terminate the user’s Emended.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by the user (self-initiated account deletions), (d) discontinuance or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by the user in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by the user in connection with the Services.
Termination of the user’s Emended.com account includes (a) removal of access to all offerings within the Service, (b) deletion of the user’s password and all related information, files and content associated with or inside the user’s account (or any part thereof), and (c) barring further use of the Service. Further, the user agrees that all terminations for cause shall be made in www.Emended.com sole discretion and that Emended.com shall not be liable to the user or any third party for any termination of an account, any associated email address, or access to the Service.
No Unauthorized Commercial Use
The user agrees not to resell or assign his or her rights or obligations under these Terms. The user also agrees not to make any unauthorized commercial use of any Momocode oy's Services, links, or websites involved.
The user agrees to not use the Service to:
- upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- threaten or harm minors in any way;
- “stalk” or otherwise harass another;
- impersonate any person or entity, including, but not limited to, an Emended.com representative, or falsely state or otherwise misrepresent the user’s affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit, or otherwise make available any Content that the user does not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national, or international law, and any regulations having the force of law; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities outlined in the paragraphs above.
The user agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including the user’s Emended.com username), use of the Service, or access to the Service. The user agrees that his or herr Emended.com account is non-transferrable.
Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
The user agrees to indemnify and hold Emended.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content the user submits, posts, transmits, or otherwise makes available through the Service, the user’s use of the Service, connection to the Service, violation of the TOS, or violation of any rights of another.
The Terms of Service constitutes the entire agreement between the user and Emended.com and governs the user’s use of the Service, superseding any prior agreements between the user and Emended.com with respect to the Service. The user may also be subject to additional terms and conditions that may apply when the user uses or purchase certain other Emended.com services, affiliate services, third-party content, or third-party software. The TOS and the relationship between the user and Emended.com shall be governed by the laws of Finland, and rely upon the exclusive jurisdiction of Helsinki District Court.
Disclaimer of warranties
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
- THE USER’S USE OF THE SERVICE IS AT THE USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMENDED.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Emended.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET THE USER’S 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) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE USER’S EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM EMENDED.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
The user hereby expressly agree and understand to indemnify, defend, and hold Momocode oy, its affiliates, its Content providers and their respective directors, employees, shareholders, partners, and agents harmless from and against any and all claims, liability, losses, damages, costs, and expenses (including reasonable legal fees on a lawyer and client basis) GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EMENDED.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), 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 THE USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Disclaimer of Consequential Damages and Limitation of Liability
To the fullest extent allowed by Law, Momocode oy, its suppliers, partners, or its related services shall not be liable for any damages (including without limitation, incidental and consequential damages, loss of profits, or damages resulting from lost data, lost employment opportunity, or business interruption).
Momocode oy’s maximum liability arising out of or in connection with any Momocode oy’s services or the user’s use of the Momocode oy service’s Content regardless of the cause of action (whether in contract, tort, breach of warranty, or similar) will not exceed the yearly fee paid in exchange for the services provided by Momocode oy.
Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Contract shall remain in full force and effect.
Complaints can be sent email@example.com. All complaints will be handled in a timely manner, at the latest within 5 business days.
Acknowledgment and Understanding
The user acknowledges that he or she has read this Terms of Service, which constitutes a binding agreement. The user understood it and had an opportunity to seek independent legal advice before agreeing to it. The user agrees to be bound by the terms and conditions of this agreement. The user also agrees that the Terms herein supersede any proposal or prior agreement, oral or written, and any other communication between the user and Momocode oy relating to the subject of this agreement.
Momocode oy may revise these Terms at any time by posting an updated version to this Web page. The user should visit this page periodically to review the most current Terms because they are binding on the user.
Last updated in February 2019
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