Terms of Service

1. General

1.1 Subject of terms of use and description of Service.

Online Revenue Oy, address Aurinkotuulenkatu 3 B 27, 00990 Helsinki, Finland, (hereafter "Online Revenue") provides services and products such as NastyPeep, (hereafter “Service”) for its users (hereafter “Customer”) in accordance with these terms of use. More details of the content of the service are determined according to service descriptions and special terms that are presented on the Service’s website or otherwise in connection with ordering the Service.

The Service is intended only for people who are at least 18 years old.


2. Conclusion of an agreement

An agreement is concluded when the Customer has accepted these terms of use in connection with registering.

2.1 Accuracy of information provided by Customer in the Service.

Orders given by a Customer in the Service are processed and transmitted based on information provided by the Customer. The Customer is responsible for the accuracy of the information that he or she gives, and Online Revenue has no obligation to check or complete information.


3. Authentication

Registration to the NastyPeep service and using it as a registered user requires a user name and personal password or other authentication method approved by Online Revenue.

Online Revenue has the right to refuse and/or accept user names, passwords and other identifiers that are used by a Customer. They are owned by Online Revenue and the Customer has not rights to them after the agreement is over, unless there is a written agreement otherwise. To be clear, this part of the terms of use does not prevent the Customer from using the same user name in other services. This part of the terms of use applies only to the Service.

Online Revenue has the right to change a Customer’s means of authentication such as user names, passwords and other identifiers, at any time. Online Revenue will notify the Customer ahead of time of any changes to means of authentication if it is reasonably possible.

The Customer is responsible for the careful storage of his or her authentication data. The Customer pledges to keep his or her password and other possible identifiers separate from each other so that outsiders cannot possibly obtain them. A password is personal and shall not be given to anyone.

The Customer must immediately notify Online Revenue if an outsider has obtained the Customer’s user name and/or password or other equivalent authentication tool related to the Service, or if the Customer has reason to suspect that an outsider has obtained them. The notification shall be made to Online Revenue’s customer service address support@nastypeep.com. Possible changes to the method of notification will be announced in the Service. Online Revenue has the right to close a Customer’s Service immediately after receiving a notification from the Customer, police or Service provider that the authentication data that allow access to the Service have been unlawfully obtained by an outsider or have been lost.

The Customer’s responsibility for actions taken while using his or her means of authentication ends after the Customer has notified Online Revenue that the means of authentication have been lost or obtained by an outsider, and when Online Revenue has thereafter had a reasonable amount of time to prevent the use of services. The Customer is responsible for damage that resulted from the unlawful use of the means of authentication before a report of the loss was made, if the Customer has stored his or her means of authentication in a manner that is in violation of the agreement, or carelessly, or otherwise contributed to outsiders obtaining the means of authentication by his or her actions.


4. Production and use of Service

4.1 Production of Service.

Online Revenue has the right to produce the Service as it sees fit. Online Revenue has the right to make changes that affect the content, technology and use of the Service. If these changes require changes to the Customer’s devices and software programs, the Customer shall implement such changes at his or her own expense. Online Revenue will try to communicate changes that affect the Customer in advance with bulletins that are published in the Service within a reasonable period of time.

Online Revenue has the right to stop producing the Service or a part of it. In that case, Online Revenue will try to notify the Customer of this in advance within a reasonable period of time using, for instance, the Service website.

4.2 Online Revenue’s liability for material published in the Service and transmitted through it.

Online Revenue is not liable for data and material received from a Customer’s third party, such as from Service providers, or the copyrights of such data and material, any other immaterial rights, content that is offensive or content that violates legal regulations. Online Revenue is also not liable for the content, availability or other features of products, services or material of Service providers that exist in connection with the Service or are available through it. The Customer shall address any possible complaints regarding a Service provider’s product, services or material directly to said Service provider, unless otherwise indicated in connection with using the Service.

4.3 Right to use material published in Service.

The Service can be used only for purposes that are legal. Notwithstanding other obligations imposed to the Customer in these terms of use, the Service can only be used in accordance with rules that are in force at that time. The Service includes and provides access to material that is protected by copyright, trademark right and other immaterial rights. Without express written permission of the creator, rights holder or Online Revenue, or unless there is an express declaration of a more expansive right to use, the Customer does not have the right to distribute, publish, copy or provide public access to or otherwise benefit from the Service or material he or she receives through it in any way except for personal use. The holder of the rights to material presented in or available through the Service can make a claim directly against the Customer based on use that is in violation of this section.

4.4 Material supplied by the Customer.

The Customer is responsible for material supplied to the Service. The Customer is especially responsible for ensuring that material supplied by the Customer does not cause disruptions to the Service or violate copyrights or other rights, or legal regulations or regulations of public authorities, or the rules of NastyPeep.com. Customers are also responsible for ensuring that nobody except they themselves appear in photographs that they supply, or that they have received permission to supply the photographs from the people who appear in the photographs. If an authority or third party demonstrates, or if Online Revenue has other reasons to suspect that the Customer has supplied this kind of material to the Service, Online Revenue has the right but not obligation, without consulting the Customer, to remove this kind of offensive material, prevent the use of the material or prevent the Customer temporarily or permanently from using the Service.

The Customer grants Online Revenue the right to modify, copy, publish or not to publish, make accessible to the public or not make accessible, all or some of any material which the Customer has sent to the Service or has created in the Service. The right granted here by the Customer to Online Revenue covers the aforementioned use of material sent by the Customer or created in the Service, both in the Service as well as in presentation and promotional events of the Service, as well as in the services of partners. To be clear, copyrights to material supplied by the Customer to the Service are not transferred to Online Revenue by virtue of this agreement. However, Online Revenue has the right to use and modify materials sent by the Customer for various purposes.

The Customer himself or herself is responsible for making backup copies of materials sent to the Service. Online Revenue is not responsible for storing material supplied to the Service.

4.5 Customer’s devices and software.

The Service does not include Terminal devices, software and connections (such as connections to mobile networks and the internet) required for using the Service. The Customer is responsible for the acquisition, functioning and updating of these kinds of devices, connections and software. The Customer is also responsible for ensuring that these devices and software do not disrupt the operations of Online Revenue or the Service. Devices and software that possibly cause disruptions must be disconnected from the Service immediately.


5. Maintenance of the Service, repairing defects and data security

5.1 Maintenance of Service and repairing of defects.

Online Revenue tries to ensure the functionality of the Service, to the best of its abilities, within possible service-specific operating hours which are to be separately announced, and tries to repair possible defects of the Service within a reasonable period of time. However, Online Revenue does not guarantee that its Service is flawless or that the Service is available to the Customer without interruptions.

5.2 Temporary interruptions.

Online Revenue has the right to temporary close down the Service or part thereof if this is necessary for legitimate reasons. In this case Online Revenue will act to keep the interruption as short as possible, with the least possible amount of inconvenience to the Customer. Online Revenue will notify the Customer of any interruption when possible and when necessary, on the website of the Service, for instance.

5.3 Data security.

Online Revenue shall attempt, within the scope of its capacities, to provide the Service in a manner that does not allow outsiders to unlawfully access the Customer’s data or communication, but unless it has been expressly declared otherwise, specific to a service, Online Revenue cannot however guarantee the Service’s data security or its level. Other parties involved in the production of the Service (for example Service providers and network or mobile operators) are responsible for the data security of their own services.


6. Use and disclosure of Customer information

6.1 Disclosure of information.

Before opening the Service, the Customer shall provide Online Revenue with information that it requires for the Service (Customer information) and verify the accuracy of the information that is provided. The Customer shall immediately notify Online Revenue, in writing, of any changes to Customer information.

6.2 Processing of personal data in the Service.

In its operations, Online Revenue complies with Finnish legislation on the processing of personal data and data security, and processes Customers’ personal in accordance with these terms of use and the privacy policy required by the Personal Data Act.


7. Compensation for costs and damages

7.1. Limitations of liability for damages.

Online Revenue will not pay compensation for indirect damages or damages resulting from force majeure. Online Revenue is also not liable for direct or indirect damages resulting from possible delays, changes or loss of a product or material that is delivered via the Service.

Online Revenue is not liable for direct or indirect damages caused by interruptions or telecommunication disruptions that result from technical failures, service or installation work, or by any resulting delays, changes or loss of data. Online Revenue is also not liable for direct or indirect damages possibly incurred to the Customer from malicious software programs (virus, worms etc.) contained in the Service or in services available through the Service. Online Revenue is not liable for damages from the exercising of its rights according to these terms of use.

7.2 Defects in devices and software controlled by a Customer.

If a Customer uses devices or software that are faulty or cause disruptions either intentionally or despite a warning by Online Revenue, he or she is liable for possible damages to Online Revenue and for costs resulting from searching for faults.


8. Duration of agreement and availability of customer-specific parts of Service

For time-limited parts of the Service, Online Revenue declares how long each part is available, either in connection with ordering the Service or in some other way in the Service. The Customer must take into consideration the fact the Service and features contained in it are not permanent by nature, and Online Revenue does not guarantee the constancy of the Service or products and features that are acquired through it. Online Revenue has the right to disable a Customer’s user name and personal material such as photographs and other similar material that are related to the Service.


9. Closure of a Customer’s Service

Online Revenue has the right to close a Customer’s Service entirely or in part, and not fullfill the Customer’s order.


10. Termination of the agreement

The Customer can terminate the agreement with a two (2) week period of notice. Online Revenue has the right to terminate the agreement with a one (1) month period of notice.


11. Consequences of termination of the agreement or interruption of the Service

Discontinuing the Service and removal of material. When the agreement has expired Online Revenue will prevent the use of the Customer’s Service using the Customer’s authentication data, and removes material possibly stored in customer-specific parts of the Customer’s Service from the Service.


12. Other terms and conditions

12.1 Transfering the agreement.

Online Revenue has the right to transfer the agreement entirely or in part to a third party. Online Revenue will notify the Customer of a transfer well in advance. The Customer does not have the right to transfer the agreement to a third party without Online Revenue’s advance written consent.

12.3 Governing law and jurisdiction.

This agreement and its service-specific special terms shall be governed by Finnish law. Disputes concerning the agreement shall be settled in District Court of Helsinki or in the district court of the Customer’s domicile. If the Customer does not have a domicile in Finland, disputes shall be settled in District Court of Helsinki.

12.4 Force Majeure.

The parties are released from their obligations and liabilities to pay indemnification if breach of contractual obligations or failure to perform them results from force majeure. An event that is deemed to be grounds for release (force majeure) is an extraordinary event that prevents the performance of the agreement, occurs after the agreement has been made, is independent of the parties, and whose affects cannot be reasonably prevented or overcome. Such an event can be, for instance, war, rebellion, expropriation or confiscation for a public purpose, interruption of energy distribution, labor dispute, fire, thunderstorm or other natural phenomenon, cable damage caused by a third party, or any other extraordinary reason that has equivalent effects and is beyond the control of the parties. If fulfillment of the obligations under the agreement is delayed for one of the above reasons, the time allowed for fulfilling the obligations under the agreement shall be extended as long as is deemed reasonable, taking into account all of the conditions affecting the event.

12.5 Entry into force of terms of use

These terms of use enter into force on 2 October 2013 and are valid until further notice. Upon entering into force, these terms and conditions replace previously valid terms of use of the NastyPeep service. As of 2 October 2013, these terms and conditions shall also be applied to agreements that were made before these terms and conditions entered into force. The terms of use are available from Online Revenue free of charge.

12.6 Changes to the terms of use.

Online Revenue can change these terms of use. The Customer will be notified of new terms of use at least one month before they enter into force by means of customer bulletins and/or in the Service (for example on the Service’s website at http://www.nastypeep.com). Changed terms of use shall also be applied to agreements that were made before the changes entered into force.