Terms & Conditions
Terms & Conditions
COPYRIGHT Copyright © Quiske Oy. This site belongs to Quiske Oy and are intended solely for the use of its clients to obtain knowledge and information regarding Quiske products. Its contents shall not be used or distributed or otherwise communicated, disclosed or reproduced for any other purpose without the prior written consent of Quiske Oy. TRADEMARKS Quiske is registered trademark of Quiske Oy. The product, feature and content names are registered or unregistered trademarks of Quiske Oy. Any other product and company names are trademarks of their own respective owners. Our primary trademark is “QUISKE”. Product names and slogans could also be registered. All trademarks, registered or unregistered, are owned by Quiske Oy. Ownership or registration by divisions, subsidiaries or third parties is strictly forbidden. DOMAIN NAMES Our official domain names are www.Quiske.fi and www.rowingperformance.com. We reserve the all rights to domain names containing the trademark “QUISKE”. All Quiske.fi domains shall forward to Quiske.fi and all rowingperformance.com domains shall also forward to rowingperformance.com. Under no circumstances shall subsidiaries or third parties independently register versions of these domain names. If any importer determines the local version or versions of the Quiske.fi or rowingperformance.com domain names are needed, and the version is accepted to be relevant by Quiske Oy, we will then register these versions. Quiske distributors, dealers and importers could decide to host their own web sites to promote and retail Quiske products. Yet it is possible the domain names could not contain the name Quiske or other trademarks. Quiske could, on request, place Quiske.fi links to these sites and links will be place in the importer or dealer lists. TERMS AND CONDITIONS 1. Acceptance These Terms and conditions and the Privacy Policy (collectively “Terms”) regulate your use of the application or website where you accessed these Terms and use of the related services (collectively "Service") and the Terms constitute an agreement between you and Quiske Oy defining the rights and responsibilities of you and Quiske including its affiliates and suppliers (collectively “Quiske”) with respect to the Service. There could be additional conditions applicable to certain parts of the Service. You are not permitted to use the service if you do not agree to the Terms. 2. Registration and Termination You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing deceptive information about your identity is banned. When you register, you will have to create a username and password. You are personally responsible for any use of the Service with your username and password. You agree to take care to protect your username and password against misuse by 3rd parties and immediately notify Quiske about any misuse. You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Quiske may terminate your registration or restrict your access to certain parts of the Service if there is an indication that you have breached the Terms or with a prior notice if you have not signed into the Service with your username in the past six (6) months. Except as set forth in Privacy Policy, Quiske shall not be responsible for any removal of the information or content you have submitted (“Material”) from the Service when your registration is terminated. After the Material is removed from the Service by either you or Quiske, some traces of the Material may remain and copies of the Material may still reside within the Service. 3. Using the Service You agree to: Use the Service only for your private, non-commercial purposes; Comply with applicable laws, the Terms and good manners; Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or other inappropriate Material; Respect the privacy of others; Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any Material; and Not distribute or post spam, files or technologies that may harm the Service, or the interest or property of the Service users. Quiske may however has no obligation to: Monitor or moderate any of the Material; and Remove any Material from the Service and restrict access to any part of the Service at any time in its sole discretion. 4. Allegations of Copyright Infringement You may notify Quiske of copyright infringement on the service by providing notice (a) by email with “Copyright Notification” in the subject line to info@Quiske.fi, (b) by a document titled “Copyright Notification” mailed to Quiske, or (c) via the online form, if available. Your notice must: (1) Identify the original copyrighted work you claim is infringed; (2) Identify the content on the service that you claim is infringing the copyrighted work. Please provide enough detail for Quiske to locate the allegedly infringing content on the Service; (3) Provide your contact information, including your full name, mailing address, telephone number, and email address, if available; (4) Provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and (6) Provide your signature. 5. Licenses Quiske does not claim ownership in your Material. Your submission of material to the service does not transfer ownership rights in the Material to Quiske. However, by submitting Material to the Service you grant Quiske a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Material, and to prepare derivative works thereof, or incorporate the Material into other works as well as sublicense the same. Users of the Service are granted a non-exclusive, non-transferable, revocable license (revocable at the sole discretion of Quiske at any time) to access and use the Service strictly in accordance with the Terms. Any further intellectual property rights in any information or content in the Service are not granted. 6. Fees Your use of the Service may be or may become subject to charges. Any fees charged by Quiske will be announced separately in connection with the Service. Use of the Service may involve transmission of data through your service provider’s network. Your network service provider may charge for such data transmission. Quiske assumes no responsibility for the payment of any charges. 7. Availability The Service may not be available in some countries and may be provided only in selected languages. The Service may be network dependent, contact your network service provider for more information. Quiske reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times. Quiske may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided a prior notification. 8. Dealings with Others You may interact with other users on or through the Service. You agree that any such interactions do not involve Quiske and are solely between you and the other user(s). 9. Personal Data The Privacy Policy and additional provisions in these Terms govern use of your personal data. 10. Limitation of Liability The Service is provided on “AS IS” and “AS AVAILABLE” basis. Quiske does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources. Except for liability for death or personal injury caused by gross negligence or intentional misconduct, Quiske shall not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Service. 11. Indemnification You agree to defend, indemnify and hold harmless Quiske from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse. 12. Miscellaneous 12.1 Choice of Law and Arbitration Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of Finland without regard to its conflict of law provisions. If you are a US resident the following paragraph shall apply: The Terms shall be governed by the laws of New York without regard to its conflicts of law provisions. Any dispute relating to these Terms or the Service shall be submitted to binding arbitration in Manhattan, New York within eighteen (18) months of the date the facts giving rise to the suit were known, or should have been known, by the complainant, except that Quiske may seek injunctive or other relief if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single arbitrator under the then prevailing Wireless Arbitration Rules of the American Arbitration Association (“AAA”), Each party must submit any claim which would constitute a compulsory counterclaim in litigation or such claim shall be barred. No award of exemplary, special, consequential or punitive damages shall be permitted. The losing party, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide basis, and no arbitration shall be joined with an arbitration involving any other person or entity. 12.2 Validity The Terms shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. If there is any conflict between these Terms and the Privacy Policy, the provisions of these Terms shall prevail. The provisions of the Terms that are intended to survive termination shall remain valid after any termination. 12.3 Changes in Terms Quiske reserves the right to modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Quiske will provide a separate prior notice advising of such change. You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications. 12.4 Links to Third Party Sites and Content For your easy accessibility Quiske may include links to sites on the Internet that are owned or operated by third parties and that are not part of the Service. Upon following a link to such a third-party site, you shall review and agree to that site's rules of use before using such site. You agree that Quiske has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. A link to a third-party site does not imply that Quiske endorses the site or the products or services referenced in the site. In addition, users may create links within the Service to content that has not otherwise been submitted to the Service. You agree that Quiske is neither responsible for nor liable for any such links. 14. Intellectual Property The Service and associated software are protected under international copyright laws and you are hereby notified that copyrights are claimed by Quiske. Subject to the Terms, Quiske retains all right, title and interest in the Service and in all Quiske's products, software and other properties provided to you or used by you through the service. QUISKE IS COMMITTED TO PROTECTING YOUR PRIVACY QUISKE is determined to protect your privacy and conform with the relevant data protection and privacy laws. We hope our Privacy Policy assists you in understanding the nature of the information that we collect in connection with our products. During our policy the term “personal data” refers to information relating to an identified or identifiable individual (i.e. a natural person). “Quiske” refers to Quiske Oy, including its affiliates and subsidiaries (also referred to as “we”, “us”, or “our” throughout this policy). Data collection Quiske collects personal data when you make a purchase, use our services, click on a sales promotion or generally interact with us. We strive to collect personal data with your consent. When you register for our services, make a purchase etc. we could request that you provide us with information such; as your name, email address, address, genre, day of birth, height, weight and any other relevant data that are used to authenticate users, contact you or to provide you with the products, services and data i.e. training information, stats etc. Data sharing Quiske will never release your personal data to third parties unless; * We are obligated by law to reveal your personal data to certain authorities or third parties, we may also disclose and otherwise process your personal data in accordance with the law to defend Quiske’s interests e.g. in civil or criminal legal proceedings. * Mergers and Acquisitions if we sell, buy, merge or restructure our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers. Quiske contact details Quiske Oy, Helsinki, Finland is the controller of your personal data.
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