Terms of Use

By using the Jaiku.com web site (the "Service"), a service of Jaiku Ltd. ("Jaiku"), you accept the following terms and conditions (the “Terms of Use”). In addition to the Service, Jaiku also provides you with a client application for your mobile phone (the "Software"), which may be downloaded by you from the Jaiku.com web site, or in the future pre-installed by the phone manufacturer or mobile operator, copied from a Jaiku user over Bluetooth or downloaded from some third-party partner web sites. These Terms of Use apply also to the installation and use of the Software.

You are also aware of our Privacy Statement located on the Jaiku.com web site. Using the Service and the Software is governed also by the Privacy Statement, which is incorporated into these Terms of Use by this reference. In the event of inconsistency between these Terms of Use and the Privacy Statement, these Terms of Use shall prevail.

Main Features of the Service and the Software

The main features of the Service let you:

  1. post presence updates to your presence stream at yourname.jaiku.com using the Jaiku Web service, by text message from a mobile phone, and/or using the Software if you have downloaded and installed it on your phone.
  2. add other Jaiku members as your contacts and subscribe to their presence updates;
  3. browse the presence updates of your contacts and other Jaiku members who have designated their presence streams as public; and
  4. configure Jaiku to automatically fetch your personal web feeds (weblogs, photos, bookmarks, and other RSS or Atom feeds) and display their title, headlines, and a summary of their content in your presence stream.

In the future, Jaiku will also enable you to upload the contacts from your phone's address book to our servers to enable you to connect presence information to them, manage them online and download them later to a new phone.

Additionally, the Software lets you share the following information from your mobile phone on your presence stream on the Web and with other Jaiku mobile users:

  1. A "traffic light" displays your availability based on your phone's ring profile (green for ringing, yellow for vibrate, red for silent). The name of the ring profile and the ring volume are also displayed.
  2. Your location (neighborhood, city, and country) based on cellular network tower IDs. The name of the neighborhood, city and country associated with a particular cell ID are shared between all Jaiku users and can be manipulated freely.
  3. Your calendar entries. During setup, the Software asks you how you want to display your calendar entries. You can choose to display their titles or to display them as "Busy" if you wish to keep the titles private.
  4. Time when your phone was last used.
  5. If you have Bluetooth switched on in your phone, Jaiku periodically scans if there are other Bluetooth devices around. It displays other Bluetooth phones as "others". You can define these as "friends." You can also tell Jaiku to display if your Bluetooth-enabled computer is active nearby.

General Conditions

  1. You must be at least 13 years of age to use the Service and the Software.
  2. You agree to keep your password secure and confidential.
  3. You are solely responsible for any activity that occurs under your screen name, password or account.
  4. You must not harass, intimidate or impersonate other Jaiku users or use any information obtained from the Service in order to do so.
  5. The Service and the Software are only for your personal use. You are not allowed to use the Service and/or the Software for any commercial purposes.
  6. You agree not to engage in any illegal or unauthorized conduct (including but not limited to transmitting viruses or other harmful files) on or through the Service or by using the Software. You agree to comply with all local laws (including but not limited to those relating to copyright and other intellectual property rights) that may be applicable to you regarding acceptable online conduct and content.
  7. You are solely responsible for any data, screen names, graphics, photos, profiles, audio and video clips, links and any other content (the “Content”) that you submit and display on the Service. You may not submit and display on the Service any copyrighted material, trademarks or other proprietary Content belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
  8. We may, but have no obligation to, remove Content and accounts containing Content that we consider in our sole discretion being unlawful, offensive, threatening, obscene or otherwise objectionable or violate any party's intellectual property rights or these Terms of Use. While Jaiku prohibits such Content on the Service, you understand and agree that the Content posted on the Service by its users is not necessarily reviewed by Jaiku and Jaiku cannot be responsible for the Content.
  9. You agree to indemnify, defend and hold Jaiku harmless from and against any and all claims, damages, losses and expenses (including but not limited to reasonable legal fees) relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Service and the Software, resulting in claims against us by other users or third parties.
  10. You agree not to hack the Service or the Software.
  11. You agree not to engage in any conduct or statement which falsely implies any association between Jaiku, the Service or the Software and yourself or other entity.
  12. You must not create, upload, email or otherwise make available any unsolicited commercial messages to any Jaiku users.
  13. You can use the Service and the Software free of charge. You will, however, have to pay for any and all network data charges that may be incurred when you download the Software or any upgrades thereto, or use the Service. To enable us to keep the Service and the Software free, you accept ("opt-in") that we may display and send to you targeted advertisements on or through the Service, the Software or SMS. Should you not wish to receive targeted advertisements through SMS, you can prohibit it by notifying us of the same ("opt-out"). In the future, we may also offer you with premium service features and you will then have the option to decide whether to subscribe to and pay for such premium services. In addition to these Terms of Use, also additional purchase terms and conditions may apply to the subscription and payment of such premium services in which case those additional terms and conditions will be added to the Jaiku web site.
  14. We reserve the right to modify or terminate the Service and the Software, and to refuse the Service to anyone, for any reason, with or without notice, at any time.
  15. The Service makes it possible to post messages hosted on the Service to outside web sites. This use is accepted (and even encouraged!). However, pages on other web sites which display data hosted on the Service must provide a link back to the Jaiku.com web site.
  16. These Terms of Use shall be governed by the laws of Finland and you submit to the exclusive jurisdiction of the Finnish courts.
  17. If any of the provisions of these Terms of Use are declared void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect.

Copyright

  1. The Service and the Software are protected by copyright, trademark, trade secrets and other intellectual property rights of Jaiku. You agree to use the Service and the Software only pursuant to these Terms of Use, and not to reproduce, modify, translate, distribute, sublicense, or create derivative works based on, the Service or the Software or any parts thereof in any form unless otherwise expressly provided in these Terms of Use. You also agree not to reverse engineer, decompile or disassemble the Software, except as expressly permitted by law.
  2. We claim no ownership of any intellectual property rights over the Content that you upload to the Service. Any intellectual property rights in the uploaded Content belong solely to you (or your licensors). However, by uploading the Content to the Service, you grant Jaiku a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense, and prepare derivative works of, such Content, in any format or medium now known or later developed, solely on and through the Service, subject to these Terms of Use and separate Privacy Statement of Jaiku. You represent and warrant that you have sufficient rights to grant this license. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored on the Service.
  3. We will review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
    • (a) A description of the copyrighted work that you claim has been infringed;
    • (b) Information sufficient to enable Jaiku to locate the allegedly infringing Content on the Service;
    • (c) Your address, telephone number and email address;
    • (d) A statement by you that you have a good faith belief that the use of the Content is not authorized;
    • (f) A statement by you that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
    • (g) A signature of the person authorized to act on behalf of the owner of the copyright interest.

Claims can be sent to copyright (at) jaiku.com or Jaiku Ltd., Lönnrotinkatu 32 D 51, 00180 Helsinki, Finland.

Limitation of Liability

  1. The Service and the Software are made available to you for your convenience on an "as is" and "as available" basis. JAIKU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. Jaiku does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software are still beta versions and may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms of Use, you specifically agree that Jaiku is not liable for any of the above issues. Moreover, you understand that Jaiku does not warrant or represent that the Service and/or the Software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
  2. JAIKU SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
  3. If you are dissatisfied with the Service or the Software, or have any other disputes or claims with or against Jaiku with respect to the Service or the Software or these Terms of Use, then your sole and exclusive remedy is to discontinue using the Service and/or the Software.

Modification of these Terms of Use

You understand that we are continuously developing the features and the functionality of the Service and the Software. Consequently, we also reserve the right to modify these Terms of Use at any time in our sole discretion. You agree that such alteration shall be effective upon posting on the Jaiku.com web site and you will be bound to any alterations when you use the Service after such alteration is posted. It is therefore important that you review these Terms of Use regularly on the Jaiku.com web site to ensure you are updated regarding any alterations. Your sole remedy should you not agree with the altered Terms of Use shall be to close your account and to cease using the Service and the Software.