Terms of Use

Last modified: 27.4.2017

 

1. INTRODUCTION

Superskills.fi is owned and operated by Superskills Oy (Finnish Business ID 2792288-1, also “Superskills,” “we,” “us”, or “The Marketing Services Matchmaker”). Superskills is an online platform that helps marketing services buyer to find a suitable service provider for each project. The platform also enables marketing services provider to acquire new clients in a cost-effective way.

These terms of use (this “Agreement”) govern your access to and use of our mobile services, web site, and any software provided on or in connection with the Superskills service (collectively the “Service”). The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

Please read the Agreement carefully before using the Service.

By accessing the Service or using the Service, you agree to be bound by this Agreement and by our Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

 

2. SHARING YOUR CONTENT

Your content: Superskills may now or in the future allow you to post or provide content on the Service, including but not limited to: comments, searches, quick reports, requests, questionnaires, offers, user data, graphical content, photos, videos, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” You retain ownership of your User Content.

How Superskills can use your content: You own all of the User Content you post or publish (“post”) on the Service. You grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, modify, reproduce, display and distribute your User Content on the Service for the purposes of operating and providing the Service to you, our Users, sublicense holders and our co-operation partners (“User Content License”). You also hereby grant to Superskills and to each User of the Service, a non-exclusive license to access, use, reproduce, distribute and display your User Content as permitted by the functionality of the Service. You understand and agree that the Superskills Service is a public platform and other Users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.

Definition of Intellectual Property Rights (also “IPR”): For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Your responsibilities relating to the Service:

Superskills Acceptable Use Policy: To keep Superskills running smoothly for all of our Users, you agree that you will use the Service only in a manner deemed to be Acceptable for your current User License.

Valuing other’s rights: Because we respect the rights of others and data privacy, you agree that any User Content that you post does not and will not violate any law or infringe any rights of any third party, including without limitation any Intellectual Property Rights, publicity rights or rights of privacy. 

We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates the Agreement or violates our General guidelines.

How you interact with others on Superskills: Superskills takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. 

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Superskills shall not be liable for any damages you allege to incur as a result of User Content.

 

3. SUPERSKILLS CONTENT AND FEEDBACK

Our license to you: Subject to the terms and conditions of this Agreement, Superskills provides you with a license to use the Service for your personal or commercial use and as expressly permitted by the features of the Service. Superskills may terminate this license at any time for any reason or no reason.

Superskills Content: Except for User Content, all materials, data, graphical content on the Service and the Service itself and all Intellectual Property Rights contained therein or related thereto, are the property of Superskills and/or its licensors (together "Superskills Content"). Except as expressly provided in this Agreement, you may not sell, license, modify, copy, or otherwise exploit the Superskills Content without our permission.

Feedback you provide: We love hearing from our Users, and are always interested in learning of ways we can make Superskills software better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Software Feedback”). 

By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Superskills under any fiduciary or other obligation, and that we are free to use the Feedback and any IPR or ideas contained in the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Superskills does not waive any rights to use similar or related Feedback previously known to Superskills, or developed by its employees, or obtained from sources other than you.

 

4. USE OF OUR SERVICE

Who can use Superskills: Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Because we respect the Superskills community, the Service is not available to any Users previously removed from the Service by Superskills.

Superskills accounts. Superskills may now or in the future allow Users to create accounts. Superskills accounts will give you access to the Superskills services and functionality that we may establish and maintain from time to time and in our sole discretion without a prior notice. We may maintain different types of accounts for different types of Users. 

If you open an Superskills account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. 

By connecting to Superskills with a third-party service like Facebook, Google, LinkedIn, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.

Your responsibility for your account: You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Superskills immediately of any breach of security or unauthorized use of your account. Superskills will not be liable for any losses caused by any unauthorized use of your account. When creating your account, you must provide accurate and complete information.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Superskills server, or the network(s) connected to any Superskills server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Superskills server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

How to control your account: You may control your User profile and how you interact with the Service by changing the settings on your profile page. By providing Superskills your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers or newsletters. 

If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. We respect your privacy and do not tolerate spam. For more information, please read our Privacy Policy.

Changes to the Service: Here at Superskills, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.

Your interactions with other Users:  Superskills will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good and respectful to one another.

 

5. PURCHASES AND THE NATURE OF THE SERVICE

Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Nature of the service and Risk of Loss. Superskills is the Marketing Services Matchmaker. We act as a broker and we do not provide any Marketing services and we bear no Risk of Loss or Liability for any Marketing services bought or sold through our Service. 

Disbursing an opening fee related to a tender hosted by Superskills does not automatically mean that the User would win the tender. If the User fails to comply with the deadline set forth in the tender, Superskills will not refund the opening fee. 

All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Superskills. All purchases made through our Service are final and we shall not refund any purchases.

 

6. PRIVACY AND SECURITY

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.

 

7. THIRD-PARTY LINKS, SITES AND SERVICES

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Superskills. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Superskills generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it. Superskills does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk and you expressly relieve Superskills from any and all liability arising from your use of any third-party website, service, or content.

 

8. MOBILE SOFTWARE

We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Superskills does not warrant that the Mobile Software will be compatible with your mobile device. 

Superskills hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Superskills account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. 

You acknowledge that Superskills may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. 

Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Superskills or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Superskills reserves all rights not expressly granted under this Agreement. 

You agree to comply with all Finnish and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of our Mobile Software.

Mobile Software from 3rd party application store. The following applies to any Mobile Software you acquire from a 3rd party application store (“App-store Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Superskills, not 3rd party application store, and that 3rd party application store has no responsibility for the App-store Sourced Software or content thereof. Your use of the App-store Sourced Software must comply with the App Store Terms of Service.

You acknowledge that 3rd party application store is not responsible for addressing any claims of you or any third party relating to the App-store Sourced Software or your possession and/or use of the App-store Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App-store Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Superskills as provider of the software. 

INDEMNITY: You agree to defend, indemnify and hold harmless Superskills and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

NO WARRANTY: The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 

Without limiting the foregoing, Superskills, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

Superskills does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Superskills service or any hyperlinked website or service, and Superskills will not be a party to or in any way monitor any transaction between you and third-party providers of products or services (ie. Advertising products, Advertising agencies, Digital marketing Agencies).

 

9. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Superskills, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, IPR, data or other intangible losses, that result from the use of, or inability to use, this service. 

Under no circumstances will Superskills be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Superskills assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. 

In no event shall Superskills, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding one euro.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Superskills has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from Superskills facilities located in Finland, Helsinki. 

Superskills makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Finnish and local laws and EU regulations, including but not limited to export and import regulations.

 

10. OTHER TERMS

Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Superskills without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Governing Law and dispute resolution: For any dispute you have with Superskills, you agree to first contact us at: feedback@superskills.fi and attempt to resolve the dispute with us informally. In the unlikely event that Superskills has not been able to resolve a dispute it has with you after attempting to do so informally, the Governing law shall be Finnish law and the seat of jurisdiction shall be the District Court of Helsinki, Finland.

Notification Procedures and changes to the Agreement: Superskills may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by Superskills in our sole discretion. 

Superskills reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Superskills may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. 

When we change the Agreement in a material manner, we will update the last modified date at the top of this Agreement (first page). We will also ask you to actively approve the Agreement that has changed in a material manner. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. 

If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. Superskills is not responsible for any automatic filtering you or your network provider or your software may apply to email notifications we send to the email address you provide us.

Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter into with Superskills in connection with the Service, shall constitute the entire agreement between you and Superskills concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Superskills’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Contact: Please contact us at feedback@superskills.fi with any questions regarding this Agreement.