General Terms of Use for the Finnish News Agency STT’s Web Services
The general terms of use for the web service are agreed on in this agreement. Service contents are agreed on in further detail in the separate contractual terms for each service. More service-specific special terms and conditions are listed at the end of these Terms of Use.
Clients will have access to the web services related to the services subject to a separate agreement with Oy Suomen Tietotoimisto – Finska Notisbyrån Ab or its group company (“STT”).
Prior to using the web service, the client must approve these General Terms of Use for Web Services and service-specific contractual terms, if applicable.
1. Introduction
These General Terms of Use for Web Services apply to all web services produced and maintained by STT, and use of the contents and materials provided through them, unless otherwise stated or agreed separately for one of the services. In these Terms of Use, web services refer to all web services, available on the Internet, produced or maintained by STT. These include the following online services: the planning tool STT Pro, press release distribution service STT Info, STT Newsletter Service and Lehtikuva Image Store as well as the online services provided by STT at any given time (jointly and separately, hereafter ‘Service’).
By registering for and/or using the Service, the User agrees to these Terms of Use and agrees to comply with them. If you as a user do not agree to these Terms of Use, you have no right to use the Service.
STT reserves the right to amend the Terms of Use and payment terms of the Services.
In the event of any conflict between these General Terms of Use and the service-specific terms, the wording of the service-specific terms shall take precedence.
2. Registering for the Service and processing of personal data
The Services may be accessible for Users without registration, or registration may be required. This is noted separately for each Service or part of Service.
Whenever registration is required for using the Service, the User joins the Service by registering as a user on the related website and agreeing to these Terms of Use of the Service, and service-specific terms, if applicable, as binding on the User. In addition, STT may require the User to provide certain personal data in connection with registration or otherwise while using the Services.
Personalisation of contents on the basis of the User’s assumed interests is an essential characteristic of the Services. The User agrees to the use of data detected during the use of the Service, and for registered Users, data provided by the Users themselves or otherwise personally identifying data in the Service provision.
STT processes Users’ personal data in compliance with the Privacy Statement and legislation on privacy protection. The service uses cookies as specified in the Privacy Statement.
If the User processes third parties’ personal data in the Service, the User is responsible for ensuring the legal basis for the processing of such personal data and that the personal data is processed in compliance with law and the Service Agreement concluded with STT. In the Service, only personal data, for the processing of which the User has the appropriate consent, or other grounds, may be processed.
3. Limitation of liability for the Service
The service is provided without obligation. STT aims to provide the Service with as high quality as possible, but does not guarantee the accuracy or reliability of the Service or any parts of it. STT is not liable for any direct or indirect damage.
STT develops the Service continuously and has the right to alter the Service and its contents as part of its standard operations as and when deemed appropriate. STT may modify the sites in the Service, prevent access and terminate the Service at any time. STT also has the right to add, amend and delete parts of the Service and make any free-of-charge parts of the Service subject to a charge.
Sites in the Service may contain hyperlinks to websites maintained by third parties. STT is not responsible in any way for the content of such sites nor the lawfulness of personal data registration collected on the sites in question, even in a case in which such a Service is accessible via STT’s Service through a hyperlink or otherwise.
4. Content of the Service
Service content is protected by copyright law and international agreements. STT reserves all rights to the Service, including copyright. Without a written permission from STT, obtained in advance, it is prohibited to make the content or parts of it available to the public by distributing, presenting or displaying it in public, or to store it or make copies of the content or parts of it.
The User has no right to compose another work or service based on the Service or any part of it. The User has the right to post a hyperlink to the Service on the User’s website. The Service page must open via the link in an empty window, without frames. Other types of hyperlinks are prohibited without STT’s written permission. The User is liable to compensate STT, and directly other parties, for any misuse or action against the law and in violation of the agreement.
STT is liable only for the content, copyright and other intellectual property rights of material STT has produced for the Service.
The information, guidelines or advice provided in the Service are not intended as legal, commercial, medical or other type of information, guidelines or advice binding on STT or other service providers, and therefore they cannot be invoked. No claims against STT or another service provider can be presented on their basis.
STT has the right to add, amend and delete parts of the service and make any free-of-charge parts of the Service subject to a charge, or discontinue Service maintenance or provision partially or completely. If STT discontinues provision of the Service or a part of it for a User having purchased the Service subject to a charge, STT undertakes to refund to the User a sum that corresponds to the User’s remaining right of use to the Service. The sum will be refunded, provided that it exceeds five (5) euros, and that the User provides STT with the bank account details and/or credit card details required for refunding the sum.
5. Service access
STT strives to ensure continuous and undisturbed access to the Service for Users. STT is not, however, liable for the uninterrupted, timely and error-free functioning of the Service. STT is not responsible for any technical problems in the Service, interruptions or alteration or loss of information in the Service or other information, caused by Service or installation operations, or problems, disturbances or interruptions in data transmission due to third parties.
STT has the right to interrupt the Service to modify or renew it or for a technical reason relating to the Service, or for a reason relating to repairs, installations or servicing of the telecommunications network or other similar reason, of if legislation or other administrative order so requires. STT will strive to make the duration of the interruption as brief as possible. If possible, an advance notification will be given of any interruptions.
In case the use of a Service subject to a charge is prevented for reasons not due to the User for at least 24 hours, STT will prolong the period of use of the Service correspondingly. A precondition for this is, however, that the User lodges a complaint about the malfunction with STT, except in case of an interruption in use about which STT has informed the User in advance. The User has no right to other compensation or refund due to an interruption in use.
6. Rights
Service content and layout are protected by copyright. Material in the Service may also include trademarks protected by law. STT, other service providers or licence holders have proprietary rights to the Service, all copyrights and other intellectual property rights. Users do not gain any rights to the Service, except for the right to use the Service in accordance with these Terms of Use, possible Service-specific terms and an agreement made on the use of the Service, if any.
7. The User’s right to use the Service
The User has the right to use the Service in accordance with these Terms of Use. With regard to a Service that requires registration, the User must agree to all of the provisions in these Terms and any service-specific terms issues as binding in order to register in the Service. The User is aware of the fact that even if other service providers’ services can be accessed through STT’s Service, the use of such services may require a separate registration and those services may be subject to a charge. STT has the right to prevent the use of the Service and remove the User’s access codes if the Service is used contrary to these Terms of Use.
The User agrees not to send, transmit or save in the Service, or through it, any material which is contrary to accepted principles of morality, or the law, and to not encourage others to do so. The User also agrees not to send, transmit or save in the Service, or through it, material protected under copyright, trademark law or other intellectual property right, without the explicit authorisation of the holder of the right. STT has the right to prevent publishing of the aforementioned unauthorised material in the Service or remove such material from the Service. The User is liable for any claims for compensation and other claims presented by the holders of the right to the unauthorised material or other third parties on such holder’s behalf. STT has the right to prevent the use of the Service if there is reasonable cause to suspect that the Service is used for distributing any of the abovementioned unauthorised material or otherwise contrary to accepted principles of morality or the law.
8. Use of subcontractors
If the User uses subcontractors for processing STT’s material, the same limitations on the transmission and use of STT’s material apply to the subcontractor as to the User. The User is liable to ensure that the subcontractor is aware of such limitations and complies with them. The User accepts the same responsibility for the subcontractor’s actions as for its own.
9. Access codes
The User is responsible for the safekeeping of the user ID and password and for not disclosing them to third parties. Users are responsible for all use taking place with their access codes and any resulting costs or payments. Users are liable to inform STT of the loss of user ID or password or their disclosure to third parties.
If they wish, users can have a lost user ID and password replaced. In such cases, the User’s rights to use the Service can be transferred to the new user ID and password, alongside the unused part of the Service subject to a charge. Money will not, however, be refunded to the User for the unused part. STT has the right to charge a reasonable compensation from the User for the changes and transfer. STT has the right to change the User’s user ID or password and any other access codes required to use the Service, should technical or other acceptable reasons so require. STT is not liable to pay damages due to changing of the access codes.
10. Data security
The User is aware of the fact that an online environment and online services are not fully data secure. Users are responsible for the appropriate data security of their information systems.
STT will keep confidential all information about the User, or sent by the User. STT will organise the data security of its Service in a generally acceptable and effective manner and will employ the appropriate technical solutions to prevent unauthorised access to its information systems. STT cannot, however, guarantee complete data security.
11. Hardware, software and connections
Users are responsible for acquiring the hardware, software and network connections required for using the Service, their functioning and any costs incurred. None of these may cause disturbance or any harm to the Service or other users of the network.
12. Service charges
The Services provided by STT may be free of charge, or subject to a charge. If the Service is subject to a charge, it is mentioned in connection with the Service.
The use of Services subject to a charge requires payment of the specified price. For a Service subject to a charge, an initial charge may be charged alongside a payment for the use of the Service, based on time or another specification. STT may alter Service prices and pricing criteria and convert a free Service into one subject to a charge, and vice versa. The price in force, and pricing criteria, are confirmed when a subscription is made for a Service subject to a charge.
Unless otherwise mentioned for a Service, notification of price changes will be given no later than one month before the change enters into force. If value-added tax, another tax or a fee under public law relating to the Service, or an applicable official application procedure changes, STT has the right to immediately change prices correspondingly.
13. Payment
The User is liable to pay the fee for a Service subject to a charge using the method mentioned in connection with STT’s Service or agreement. Invoices must be paid by the due date. If payments are delayed, STT has the right to collect interest on late payments in accordance with the Interest Act, beginning from the due date. For notices to pay, STT has the right to charge a reminder charge in accordance with the price list, to cover the costs incurred from processing. In addition, STT has the right to charge reasonable collection costs for collection of the invoice.
STT has the right to prevent User’s access to the Service if payment is delayed and not paid within two (2) weeks of sending the notice to pay. STT has the right to charge a reasonable compensation for re-activating the Service.
14. Liability for damages and limitation of liability
The Service and its content are presented as they are, and STT gives no guarantee of the availability, authenticity and completeness of Service content. Unless otherwise provided by mandatory legal provisions, STT is not liable for any direct or indirect damage possibly caused to the User or a third party for any interruptions, delays, errors or defects in the Service or its content.
The User is liable for damages caused to STT for use contrary to these Terms of Use, any Service-specific terms, agreement on Service use, or unlawful use.
15. Force majeure
Cases of force majeure will relieve STT from obligations relating to the Service, if such reasons prevent performance relating to the Service or cause unreasonable harm to it. Cases of force majeure include fire, earthquake, flooding, explosion, strike or another work stoppage, orders by public authorities, disruptions in energy supply, raw-material or equipment shortage, a cable or other data communications fault caused by a third party or resulting from a third party, or another similar cause which was not known and could not be reasonably anticipated in advance. If possible, STT will notify of cases of force majeure on the Service site as soon as force majeure has occurred.
16. Amendments to Terms of Use
These Terms of Use apply to all services provided by STT, unless otherwise agreed in writing between the contracting parties. STT has the right to amend these Terms of Use and Service-specific terms, if any. The User accepts the amendments by continuing to use the Service. Unless otherwise mentioned for a Service, notification of amendments to Services subject to a charge will be given no later than one month before the amendment enters into force.
17. Transfer of the Agreement
STT has the right to transfer the Service and its upkeep alongside the related personal data files to an enterprise in the same group of undertakings at any given time, and to the receiving enterprise in connection with an asset deal or another corporate transaction. The User has no right to transfer the agreement or right of use based on these Terms of Use to a third party without STT’s consent.
18. Governing law and resolution of disputes
The Service and these Terms of Use are governed by Finnish law with the exception of the choice of law rules.
Any disputes over the use of the Service shall be settled in the first instance by way of negotiations between the contracting parties.
If the disputes cannot be settled amicably, they shall be resolved by the District Court of Helsinki. Consumers may also bring charges to the court of first instance in the locality in the jurisdiction of which they have registered domicile, or bring the dispute to the Consumer Disputes Board for processing. Before referring the case to the Consumer Disputes Board, the consumer must contact the Consumer Advisory Service. The European Commission also provides an online Dispute Resolution platform intended particularly for consumers residing in another EU Member State.
19. Contacts
With regard to complaints, and claims to prevent access to material in violation of copyright, Users may contact:
Oy Suomen Tietotoimisto – Finska Notisbyrån Ab
Business ID: 0114448-7
Postal address: P.O.Box 660, 00181 Helsinki, Finland
Telephone: +358 9 695 811
Email: tietosuoja(at)stt.fi
Service-specific special terms
I. STT Pro
a. Material submitted by Users to the Service
Users give STT the right to publish material they have sent to STT’s Service, partially or in full, as is, or modified in line with good journalistic practice. Furthermore, Users give STT the right to hand over the material they have sent, and to its publishing in third parties’ distribution channels. However, STT has no obligation to publish such material. STT will not pay a fee or other compensation for publishing the material.
The User is responsible for ensuring that the material sent for publishing does not violate the copyright, trademark rights or other intellectual property rights of third parties and that the material is not offensive or otherwise unlawful, and that the User has the right to assign the abovementioned rights to STT in other respects.
The User is liable for all claims for compensation, and other claims by third parties relating to the use of material sent by the User. STT does not undertake to preserve or return material sent by the User to the Service without an order, or otherwise.
b. Publishing an event announcement in the Service
Users may submit event announcements to the Service by sending a notification by email to toimitus(at)stt.fi. STT has the right to not publish the announcement or to edit it if STT finds that the announcement is misleading or offensive, includes irrelevant material, violates these Terms of Use or is not suitable for publishing in the Service for any other reason.
II. STT Info and STT Newsletter
a. Files maintained by Users in the Service
In the Service, My Contacts refer to distribution lists maintained by the User. Users can send info bulletins through STT Info to distribution lists maintained by themselves. The bulletin will be sent to recipients by email. In the STT Newsletter service, the User maintains recipient lists, used for sending newsletters by email.
The personal data legislation in force applies to the distribution lists maintained in STT Info and STT Newsletter service. As data controllers, Users are responsible for compliance with personal data legislation in force, including that they have lawful reasons for processing the data, and that the contact lists do not include incorrect, incomplete or outdated personal data.
If requests to access and review the data or other requests are sent to the Service, relating to the User’s contacts, the User agrees to supply the required information and to fulfil any other requests based on personal data legislation sent by the person in question.
The User retains the rights to the User’s own distribution lists. Users may at any time download the distribution lists of their own contacts from the system.
Processing of personal data concerning the User’s own contacts will be agreed in more detail in the agreement between the User and STT.
b. STT Newsletter service Best Practices
When using the Service, users must comply with Best Practices as reasonable, at least including:
– Use of DKIM and SPF authentication standards in emails sent
– appropriate processing of so-called Feedback Loop feedback
– Use of case-specific sender and tracking links instead of generic addresses
– Deleting outdated and clearly unused addresses from distribution lists
c. Prohibited material
Junk mail or other inappropriate content may not be sent through the service. Sending of for example unlawful, threatening, defamatory, discriminatory or harassing content is prohibited. No messages encouraging unlawful action or including erotic or violent material may be sent through the Service. Material about the following topics or their marketing may not be sent through the Service: i) bankruptcy, arrangement of debts or other debt management or collection; ii) equity instruments or share transactions; iii) so-called multi-level or affiliate marketing; or iv) adult entertainment services. Personal data which can be considered sensitive (so-called special categories) may not be placed in the service.
II. Lehtikuva
The Service may include content whose copyright based on law has expired. However, STT reserves all rights to the content, including financial rights, based on the agreement. Without a written permission from STT, obtained in advance, it is prohibited to make the content or parts of it available to the public by distributing, presenting or displaying it in public, or to store it or make copies of the content or parts of it.
