Elämysluotain Ltd and MyKontiki Terms of Service

Updated 19 February 2015

These Terms of Service (“Terms”) govern your access to and use of web and mobile application services (“Services”) developed and marketed by Elämysluotain Ltd and it’s ventures under the brand MyKontiki (collectively referred to as “MyKontiki”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on Services (collectively referred to as “Content”). Your access to and use of Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using Services you agree to be bound by these Terms.

1. Basic Terms

You are responsible for your use of Services, for any content you post to Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

What you say on MyKontiki may be viewed all around the world instantly. You are what you post!

You may use Services only if you can form a binding contract with MyKontiki and you are not a person barred from receiving Services under the laws of the Finland or other applicable jurisdiction. You may use Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Services that MyKontiki provides are always evolving and the form and nature of Services that MyKontiki provides may change from time to time without prior notice to you. In addition, MyKontiki may stop (permanently or temporarily) providing Services (or any features within Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Services may include advertisements, which may be targeted to the Content or information on Services, queries made through Services, or other information. The types and extent of advertising by MyKontiki on Services are subject to change. In consideration for MyKontiki granting you access to and use of Services, you agree that MyKontiki and its third party providers and partners may place such advertising on Services or in connection with the display of Content or information from Services whether submitted by you or others.

2. Privacy

Any information that you provide to MyKontiki is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Finland and/or other countries for storage, processing and use by MyKontiki. As part of Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of Services and your MyKontiki account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password that you use to access Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. MyKontiki cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Content of Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via Services, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Services or obtained by you through Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Services or endorse any opinions expressed via Services. You understand that by using Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will MyKontiki be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Services or broadcast elsewhere.

MyKontiki has the right to edit or delete any Content without consent or prior notice.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through Services. By submitting, posting or displaying Content on or through Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

This license is your authorizing us to make your Postings available to the rest of the world and to let others do the same. But what’s yours is yours – you own your content.

You agree that this license includes the right for MyKontiki to make such Content available to other companies, organizations or individuals who partner with MyKontiki for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Additional uses by MyKontiki, or other companies, organizations or individuals who partner with MyKontiki, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that MyKontiki partners may rebroadcast your Content and if you do not have the right to submit Content for such use, it may subject you to liability. MyKontiki will not be responsible or liable for any use of your Content by MyKontiki in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

MyKontiki gives you a personal, worldwide, non-assignable and non-exclusive license to use the software that is provided to you by MyKontiki as part of Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of Services as provided by MyKontiki, in the manner permitted by these Terms.

6. MyKontiki Rights

All right, title, and interest in and to Services (excluding Content provided by users) are and will remain the exclusive property of MyKontiki and its licensors. Copyright, trademark, and other laws of Finland and other countries protect Services. Nothing in the Terms gives you a right to use the MyKontiki name or any of MyKontiki trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding MyKontiki, or Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7. Restrictions on Content and Use of Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Services and to terminate users or reclaim usernames. Please review the MyKontiki Rules (chapter 16) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

MyKontiki does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using Services:

8. Copyright Policy

MyKontiki respects the intellectual property rights of others and expects users of Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, MyKontiki will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on Services is:

9. Services are available “AS-IS”

Your access to and use of Services or any Content is at your own risk. You understand and agree that Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, MyKontiki and its partners disclaim any warranties, expressed or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of Services or any content thereon.

MyKontiki will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of Services, or any Content. You also agree that MyKontiki has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Services. We make no warranty that Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MyKontiki or through Services, will create any warranty not expressly made herein.

10. Links

Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

Links to such websites or resources do not imply any endorsement by MyKontiki of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

11. Limitation of Liability


12. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Users have the right of check what kind of personal data has been collected. Upon the user's request, we will modify, remove or supplement any incorrect, unnecessary, incomplete or outdated personal data. Users may update and/or check their personal data by contacting our customer service.

13. Waiver and Severability

The failure of MyKontiki to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

14. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Finland without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Services will be brought solely in Helsinki, Finland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

15. Entire Agreement

These Terms, the MyKontiki Rules and our Privacy Policy are the entire and exclusive agreement between MyKontiki and you regarding Services (excluding any services for which you have a separate agreement with MyKontiki that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between MyKontiki and you regarding Services. Other than members of the group of companies of which MyKontiki is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time. We reserve the right, but are not obliged, to notify you about revisions via email to the email associated with your account, or by other means. By continuing to access or use Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Elämysluotain Oy, Norokuja 4 G 7, 02770 Espoo, Finland. If you have any questions about these Terms, please contact us.

16. MyKontiki Rules

Our goal is to provide a service that allows you to discover and receive content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor user’s content and will not censor user content, except in limited circumstances described below.

Content Boundaries and Use of MyKontiki

In order to provide Service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with MyKontiki. These limitations comply with legal requirements and make MyKontiki a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.

Spam and Abuse

MyKontiki strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated, and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.

Your account may be suspended for Terms of Service violations if any of the above is true. Accounts created to replace suspended accounts will be permanently suspended.

Accounts engaging in any of these behaviours may be investigated for abuse. Accounts under investigation may be removed from Search for quality.

MyKontiki reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.