Terms of Use

Last updated: July 8, 2021

1. GENERAL

These Terms of Use (“Terms”) apply to your use of and provide information about Superhood online platform for location based community services, as described below (“Services”). By creating a Superhood account or using the Services you agree to these Terms. If you do not agree to these Terms, do not access, or otherwise use any of the Services. You may stop using the Services at any time by closing your account, deleting the app and no longer accessing our Services.

In order to use the Services, you may download Superhood mobile application from an application store. Use of Superhood mobile application is subject to the end user license terms that you will accept in connection with downloading the app.

Providing our Services requires the collection and use of certain information about you and your usage of the Services. Through the Services You and other users may also share and browse content on the Services. Our Privacy Policy  clarifies how we collect, use, share and store your personal data.

We may update these Terms to reflect changes in our Services and policies. We will inform you of such updates and changes to these Terms within the Services. Unless otherwise required by law, we will notify you at least 30 days before we make changes to these Terms and allow you review them before they take effect. Following the notice period, if you continue to use the Services, you will be bound by the updated Terms. At any time, if you do not accept these or any updated Terms, you may delete your account and stop using the Services.

2. SUPERHOOD SERVICES AND OUR COMMITMENT

Superhood is a location based community platform for discovery, communication and collaboration between local people and organizations. Services include all Superhood’s features, applications, technologies and software to advance our mission: helping you to be part of the communities in all the places you love.

As a Superhood user, you can connect with geographical areas of your interests and browse news, messages and content from the areas. You can read content and perform basic actions in the Services without registering. However, to be able to publish your own content, or participate in the community discussions, the Services requires a user profile registration.

If the Services are used by the users to sell or purchase goods or services, such sale and purchase will take place solely between the respective persons and we are not part of those transactions neither should the Services be considered to promote or take part of any such transaction.

We may change, suspend or end the Services or any part of them. We do not promise to store or keep showing any information or content that you have posted on the Services.

Even though we use reasonable skill and care to provide our Services to you and to ensure its secure and continuous operation, we cannot guarantee that our Services will always be without interruptions, delays or defects.

3. PREMIUM SERVICES

Some functions of the Services may be subject to separate fees (“Premium Services”). If you buy any Premium Services, you agree to pay us the applicable fees, including applicable taxes. If you do not pay these fees, we will terminate your Premium Services. Also, you acknowledge and agree that:

- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- We may calculate and charge taxes payable by you based on the billing information that you provide us at the time of purchase.

In case of a potential refund claim or any other questions in respect of Premium Services, please contact support@superhood.com.

4. YOUR COMMITMENT AND ACCOUNT

We want the Services to be as open and inclusive as possible, but we also want it to be safe and legal. We expect our users to be and act as respected members of the local communities. That is why you need to commit to the following restrictions when you use the Services:

- You must be at least 15 years old.
- You agree that we may update the Services and application on your device from time to time.
- If you create an account for the Services, you will keep your account access safe and will not share the account with anyone else.
- You are responsible for that any content submitted to the Services by you complies with any applicable laws and does not violate any third party intellectual property rights or our community guidelines.
- You also warrant that you are entitled to provide the content to us, and we have the right to use it for the purpose of the Services.
- If you use the application user interfaces (APIs) provided by the Services for the users to automatically interact with the Services, you must also comply with any supplemental terms and conditions that we may impose on such use.
- You may not;
-- Act in an unlawful, illegal, misleading, deceptive or unauthorised manner.
-- Violate these Terms or our community guidelines.
-- Do anything that interferes or endangers the operation of the Services.
-- Create user accounts or access or collect information in any unauthorised manner.
-- Sell, license or purchase any account or information obtained through the Services.
-- Override any security feature or bypass or circumvent any access controls or use limits of the Services.
-- Use any location spoofing software or other measures to fake the location of your posts contrary to the purpose of the Service to enable communications within your defined area.
-- Disclose anyone’s private or confidential information without permission or do anything that infringes on someone else’s rights, including intellectual property rights.
-- Modify, translate, reverse engineer or emulate the Services or its application user interfaces (APIs).
-- Rent, lease, loan, trade, sell/re-sell or otherwise monetise the Services or content published in the Services.

If you are using the Services on behalf of a business or an organisation or for commercial purposes, you agree to the following additional restrictions:

- You are solely responsible and liable for any offers, advertising and other promotional activities and the legality thereof that you conduct through the Services.

- We may restrict your user account activity such as the ability to create posts in case of excessive or abusive promotional activities.
- If you are accepting these Terms on behalf of a company or another legal entity, you warrant that you have full authority to represent and bind that company or legal entity to these Terms.

5. RIGHTS

Superhood does not claim ownership of your content, but you give us the right to use it.

As between Superhood and you, you own the content and information that you submit or post to the Services, and you are only granting Superhood and its affiliates the following non-exclusive license: a worldwide, transferable, royalty-free and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services. Our right is limited in the following ways:

- Our right expires when your content is removed from Superhood’s systems. You can delete content individually or all at once by deleting your account.
- We will not include your content in advertisements for the products or services of third parties to others without your separate consent (including sponsored content).
When you share content to a location, other users may share that content in other social media platforms or third-party services, where such content may also be accessible by search engines.

6. SHARING AND LINKS TO THIRD-PARTY WEBSITES

Our Services are open and inclusive, and allow sharing of content and information in many forms, such as your profile, articles, photos and pictures, text posts, links to news articles and other posts. Information and content that you share or post will or may be seen by other users who follow the geographical location of the posted content. The content may also be shared by other users in other social media platforms.

Content posted in the Services may contain links to third-party websites or content. In all cases the respective provider or operator of the sites in question is responsible for the content of the sites linked to. The use of any hyperlinks to these third-party websites or other content is at the user’s own risk and Superhood is not liable for damages or losses occurring through or as a result of use of third-party websites or content.


7. MODERATION, REMOVING CONTENT AND DISABLING ACCOUNTS

We want to respect the rights of others and also expect our users to do so. Our goal is to help communities to communicate and collaborate in a respectful manner to benefit the whole neighborhood. To achieve this goal we must reserve the following rights:

- We may remove or hide any content or information you share on the Services that we believe violates these Terms, community guidelines or other policies, or if we are required to do so by law.
- We can suspend the Services immediately to protect our community or Services if you violate these Terms or other applicable policies, if you infringe other people’s intellectual property rights, or where we are required to do so by law.
- We can also terminate or change the Services, remove or block content or information shared on the Services, or stop providing all or part of the Services if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us.
- In some cases when we remove content, we will let you know. However, we might not inform you if you seriously or repeatedly violate these Terms or if doing so may harm our community of users; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
- If you believe your account has been terminated or your content has been removed in error, contact support@superhood.com.
- When you make a request for us to delete your content or account, we will do our best to finish the deletion process without delay. While the deletion process is going on, we may hide the content or the account from other users, but the content or account remains subject to these Terms and our Privacy Policy. It may also take us a longer period to remove them from backups and disaster recovery systems.
- We reserve the right not to delete the content requested to be deleted if your content has been used by others in accordance with these Terms and they have not deleted, or if deletion would restrict our ability to investigate or identify illegal activity or violations of these Terms, protect the safety and security of the Services and its users, comply with a legal obligations or request from a judicial or administrative authority.
- In any event the content will not be retained for longer than is necessary for the purposes for which it has been retained.

8. NOTICE AND TAKEDOWN

Should you notice that any content or information in the Services is illegal or infringes your intellectual property rights you should contact us immediately at takedown@superhood.com.

However, before submitting a copyright infringement notice, please consider whether the content or information could be subject any exceptions under applicable copyright laws.

Your copyright notice shall include:

- Your full contact details
- A description and details of the location of the content in our Services that you claim infringes your copyright
- Confirmation by you that the content which the notice concerns is, in your sincere opinion, illegally accessible in our Services
- Information concerning the fact that you have in vain submitted your request to the content provider or that content provider could not be identified
- Confirmation by you that you are the holder of copyright or neighbouring right or entitled to act on behalf of the holder of the right
- Your physical or electronic signature

If your content has been removed because of a copyright notice we will notify you immediately of such removal and deliver you a copy of the copyright notice. If you consider such takedown to be unfounded, you may get the content returned by delivering a plea to the notifying party. You must provide us with a copy of the plea at takedown@superhood.com.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

SUPERHOOD AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SUPERHOOD AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERHOOD, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT), OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

SUPERHOOD’S AND ITS AFFILIATES’ TOTAL AGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO SUPERHOOD FOR THE SERVICES DURING THE THREE (3) MONTHS PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RAISE TO A CLAIM.

10. APPLICABLE LAW AND WHAT IF WE HAVE A DISAGREEMENT

Finnish law is applied to these Terms, excluding its choice of law rules or principles. If you are a consumer and if mandatory statutory consumer protection regulation in your country of residence contains provisions that are more beneficial to you, such provisions shall apply irrespective of the choice of Finnish law.

In case of a disagreement, we encourage you to always contact us first at support@superhood.com  so we may try to resolve any issues you may have.

If your use of the Services as a consumer gives rise to or involves a claim or dispute, you or we may resolve an individual claim or dispute in any court of competent jurisdiction in the country where you mainly reside.

If you are consumer located within the EU area, you may also submit your complaint through the European Online Dispute Resolution Platform (ODR).

In all other cases, any disputes relating to the Services shall be settled finally by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce.

11. TERMINATION

We both have the ability to terminate your account and/or right to use the Services. You may terminate your account according to the instructions set out in the Services. We may terminate your account or right to use the Services with 5 days’ written notice. However, in case of a material breach of these terms, we may terminate your account and right to use the Services with immediate effect.

On termination you lose your right to access and use the Services. The rights and obligations set forth in sections 4,  9, 10, 13, and any amounts owned by either party to the other party, and any rights or obligations intended by their express terms or nature and context to survive termination, shall survive termination.

12. FEEDBACK

We are constantly developing our Services and encourage our users to give feedback or other suggestions related to the Services. When you submit ideas or feedback to us you grant us the right to use them without any restrictions or obligation to compensate you for them. We are under no obligation to keep them confidential.

13. OTHER TERMS

If any part of these Terms would become unenforceable, the remainder shall remain in full force and effect.

We may assign our rights and obligations under these Terms, for example if our ownership changes due a merger, acquisition or sale of assets or by law.

Failure to enforce any part of these Terms shall not constitute a waiver of our rights under these Terms.

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