Terms of Use
1. General
Your use of Gigwish services and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by Gigwish under a separate written agreement) is subject to the terms of a legal agreement between you and Gigwish. "Gigwish" means Gigwish Avoin yhtiö, which is a corporation registered in Oulu, Finland. In this document the user of the Services is referred to as the "User".
Unless otherwise agreed in writing with Gigwish, your agreement with Gigwish will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Terms".
The Terms, and your relationship with Gigwish under these Terms, shall be governed by the laws of Finland.
Gigwish reserves all rights to the service and its content. The User has no right, by any means, to copy, duplicate, save, publish, send, distribute, attach to other material or download any material connected to the service (including text, pictures, sourcecode, trademarks, logos, graphics and music) unless specifically authorized by Gigwish. The use of brandnames and trademarks connected to the service is prohibited, unless otherwise mentioned in The Terms of Use or specifically authorized by Gigwish.
2. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept these Terms.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Gigwish, or (b) you are a person barred from receiving the Services under the laws of Finland or other countries including the country in which you are resident or from which you use the Services.
3. Permitted Use
It is prohibited to copy, modify or use any information on this site without the prior written and express permission from Gigwish. Violation of The Terms of Use may lead to legal action. Violation of The Terms of Use may terminate your access to the service. Gigwish has also the right to remove customer's submitted votes if the client violates or circumvents The Terms of Use in any way.
Services are consumer services and are not intended for use by individuals, their employers, or contract partners in work related use. If you want to do so, such activity is carried out entirely on your own and the employer's or the contract partner's responsibility.
4. Voting
The SMS voting we offer in Finland costs 0.95 euros for each wish, and the pricing of the Service can be verified from this document. In addition, we offer free online version of our Service that is available globally.
Gigwish only acts as an agent for delivering wishes. The organizer of the event is liable for the event and its obligations under VAT 2 § (:940/1999) as well as any damages due to or arising out of the cancellation of the event, and location or schedule changes. In addition, they decide to what extent votes are taken into consideration while planning their events.
Resale of return message benefits, using them for advertising or promotion (with or without monetary benefit) is prohibited, unless the specific written permission is given by Gigwish.
5. Copyright and other Intellectual Property Rights
All material included in the service is the property of Gigwish and protected by copyright. The copyright and other intellectual property rights concerning the content and appearance (including text, electrical documents, graphics, picture and sound, photos, databases, software, software products and services) of the service are owned by Gigwish or a third party. It is prohibited to copy pictures, text or any other material without authorization from both Gigwish and the organizer of the event. Gigwish has the exclusive right to decide on the content of the whole service, or its qualitatively or quantitatively substantial part and making them available to the public (the Copyright Law Section 49, subsection 1, paragraph 1). Information copied from the database may not be used, for example, for producing new databases, or other publications.
Gigwish or its partners reserve all rights to the content on www.gigwish.com website.
6. User responsibility
The User is responsible for fulfillment of these conditions, legislation, government regulations or unlawful, offensive, indecent, abusive, violative use of the Service and its information to the service providers, or third-party damages.
The User is obligated to take care of one's computer and communication equipment, their use and condition, data security, backups, and virus protection among others.
Gigwish will not be liable for any damages of any kind arising from the use of the service. Gigwish is not liable for damage arising from problems of use of the service, delays, breaks or other technical faults.
7. Liability of the service provider
Gigwish functions as a publicist of the service. Gigwish does not promise that the service will be available, error-free, uninterrupted, or that it will provide specific results from use of the site for any specific purpose unless otherwise mentioned in The Terms of Use or in connection with a specific service.
8. Changes to Services
For enhancing the services or any other rational reason Gigwish has the right to update, modify, add or erase material from the service at any time and restrict access to the site without any prior notice. Furthermore, Gigwish has the right to change The Terms of Use, content and selection of the service.
9. Links
Gigwish website may contain links to websites operated by third parties. Be aware that our Terms of Use do not apply to these other websites and Gigwish is not liable for these websites or for their content.
10. General legal terms
You agree that if Gigwish does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Gigwish has the benefit of under any applicable law), this will not be taken to be a formal waiver of Gigwish's rights and that those rights or remedies will still be available to Gigwish.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11. Solving disputes
Disputes concerning the use of the Service are primarily resolved through negotiations between the parties. If the disagreement does not get resolved in negotiations, the dispute shall be settled by the Oulu District Court in accordance with Finnish law.