#AdAFriend Campaign - Terms of Use

#AdAFriend Campaign
Terms of Use

30 March 2020
Version 1.0

Scope

Coronavirus is hitting freelancers especially hard, most of them are having financial trouble and can not secure a basic income. It is important, now more than ever, that the freelancer community sticks together and helps each other.

By submitting this contact form the Entrepreneur may be selected to get featured in Holvi channels (as well on some extra reach of advertising campaigns), without any cost for the Entrepreneur. These channels include, but are not limited to the following: Facebook, Instagram (Feed posts/Instagram stories). This service is called #AdAFriend (later ‘Campaign’ or ‘Campaign Services’’)

Use Policy

The Entrepreneur shall agree to:

• give only true, genuine information in his/her profile and in his/her communication with other Entrepreneurs, and Holvi or Holvi Partners.
• only post content that is unrestrictedly permissible for public communication.
• obey the applicable laws and all third-party rights when using Holvi’s websites.

The Entrepreneur is prohibited from:

• using false, slanderous, defamatory or abusive contents, irrespective of the recipient of such content, or harassing other Entrepreneurs with mass mailing and junk mails (spam), or slandering, vilifying, disparaging or otherwise discrediting other Entrepreneurs, or performing any other offence described in the offences against privacy, public peace and personal reputation (Criminal Code in Finland 39/1889)
• using pornographic content or content in violation of the laws for the protection of children, or make advertisements, offer and/or distribute pornographic products and/or products in violation of the laws for the protection of children,
• having explicit or implicit communication that is obscene or sexually characterised,
• providing consultant rating and/or product rating in an arbitrary manner,
• using, advertising or distributing content protected with intellectual property rights (like copyright, trademark, patent, designs act or utility patent etc.) without having the license or permission from the owner
• performing or promoting anti-competitive activities (like chain, snowball or pyramid schemes)
• carrying out some kind of structural distribution measures for advertising purposes,
• placing advertisements masked as a product rating or as the rating of Holvi entrepreneur and/or a list of product data and/or Holvi entrepreneur data masked as product rating or a rating of Holvi entrepreneur,
• making announcements as regards product ratings or ratings of Holvi entrepreneur that are not objectively reasonable and have no specific connection with any of the aspects of the product,
• not being mindful of a minimum of objectivity and decent language when rating products of Holvi entrepreneurs,
• collecting, processing, storing or publicly announcing data, content and information on those of other Entrepreneurs on Campaign,
• acting in a way that may compromise the functionality of Holvi’s infrastructure, or is particularly stressing for it.

Rights regarding campaign posts

• The Entrepreneur shall grant Holvi an unlimited, non-revocable, non-transferable, non-exclusive right of use in connection with the Campaign posts the Entrepreneur makes. These contributions shall include “postings“ but also content such as product proposals, videos, etc. Holvi has full rights to provide and release this content for Holvi’s own purposes without having to pay any remuneration to the Entrepreneur.
• Holvi has a right, but is not obliged, to post evaluations and publish contributions on behalf of the Entrepreneur, and its own behalf. Holvi shall have a right to abbreviate contributions and evaluations and publish them in a brief version.
• Copying or using of content in other media and services by third parties - of any kind whatsoever - is prohibited.
• Copying, downloading, storing, publishing and distributing content of the Campaign or the other Entrepreneurs shall only be permitted with their express consent.

Liability

• If the Entrepreneur has breached his/her obligations related to the usage rights of the advert, the Entrepreneur shall fully indemnify and hold Holvi harmless from any liability as well as any expenses, including any possible legal charges, upon first demand. If Holvi has such an action brought against it by other parties because of Entrepreneurs breach, Holvi shall immediately inform the Entrepreneur and give him/her the opportunity to defend himself/herself against the claim.
• Whether content is breaching the legal position of third parties, the same as above shall apply if a claim has been brought against Holvi by other parties.
• With respect to the correctness of contributions, comments, evaluations and the content of the advert, the Entrepreneur shall be responsible for his/her contributions. An action brought against Holvi by other Entrepreneurs or third parties due to illegal content in the Advert, the Entrepreneur shall indemnify and hold Holvi harmless from any liability and costs.
• The following shall apply with respect to all links to third party sites in Holvi website: Holvi shall not be liable for offers and/or other contents on websites of third parties, even in the case that those offers are linked up with Holvi’s website. Holvi expressly states that Holvi has no impact on these offers, and/or contents, and/or the design of such linked third party websites, and that Holvi does not adopt offers, and/or contents, and/or designs of these third party websites as its own. Holvi is not liable for the links posted by Entrepreneurs.
• In its function as this Campaign’s operator, Holvi provides services enabling the establishment of contacts, experiences from specialists, and general advertisement. Offering these services do not constitute any kind of professional consultation services and can never replace any such services. IT IS HEREBY EXPRESSLY NOTED THAT NONE OF THE CONTRIBUTIONS BY HOLVI PAYMENT SERVICES LTD, HOLVI EMPLOYEES OR “HOLVI“, NOR DOES THE CONTRIBUTION OF HOLVI PARTNERS SHALL CONSTITUTE ANY KIND OF CONSULTATION AND/OR RECOMMENDATION ON THE PART OF HOLVI PAYMENT SERVICES LTD, OR THE PARTNER WHEN THEY ARE ACTING AS A HOLVI PARTNER. ENTREPRENEURS SHALL NOT BE ENTITLED TO ASSERT ANY CLAIMS DERIVED FROM THE REMARKS OF SUCH MEMBERS. 

Indemnification

• Entrepreneurs have a responsibility to indemnify and hold Holvi harmless against all claims, including claims for damages from third parties asserted against Holvi due to the breach of their rights done by the contribution from the Entrepreneur posted within the Holvi advertisement channels. This expressly includes all illegal posting inconsistent with the terms of this Agreement. In addition, the Entrepreneur must indemnify Holvi against claims, including claims for damages from third parties asserted against Holvi due to the breach of their rights in connection with the use of the Campaign by the Entrepreneur.
• Whether any costs incurred as a result of a breach of the above mentioned third party rights, the Entrepreneur in infringing shall be liable for all costs. Any further rights or claims for damages to which Holvi may be entitled shall remain unaffected. If and to the extent that the Entrepreneur is not liable for the violation of law, the above liability obligation of the Entrepreneur shall not apply.
• Whether the content posted by an Entrepreneur violates the rights of a third party, the Entrepreneur shall re-design such content - at his/her own expenses - in a manner that is not a violation of anyone’s intellectual property rights.

Exclusion of warranty and liability

The following paragraphs for the limitation on Holvi’s liability shall apply to all claims for damages and/or cases of liability, irrespective of the legal reason they are based on. 

• The Entrepreneur’s claims for damages against Holvi related to compliance and - in connection with the Campaign - breach of duty shall be excluded for any legal basis, in particular with respect to force majeure, delay, breach of ancillary duties, poor services, and other obligations arising in connection with the contractual relationship, and tortious acts.
• In connection to the content, data and information made available to and by the Entrepreneur via Holvi advertising channels, Holvi shall not bear any editorial or actual responsibility and/or liability. Holvi shall particularly not bear any liability in connection to the truth of contents. Any Entrepreneur that provides contents, data and information via Holvi advertising channels is only acting on his/her own behalf and/or at his/her own account but not as an agent of Holvi.
• Holvi shall not be liable for damages that occur as a result of force majeure (including but not limited to riot, war, strike, lock-outs, traffic hold-ups, administrative acts of domestic or foreign high authorities and natural events and/or other events that are beyond Holvi’s control.)

Limitation, suspension or termination

• If there is a reason to believe that the Entrepreneur is committing and/or has committed a violation of law or a breach of duty, Holvi has a right to take the following measures: warn the Entrepreneur, block or delete Entrepreneur contents (e.g. contributions, discussions, evaluations); limit/restrict the use of the Campaign on the part of the Entrepreneur; and exclude or block the Entrepreneur.
• Holvi has the right to suspend the Campaign at any time with immediate effect (and until the cause has been remedied or the agreement terminated) without any prior notice to the Entrepreneur.
• The Entrepreneur has the right to terminate their membership at any time by notifying Holvi to support@holvi.com. In the event of the Entrepreneur’s termination request, Holvi will block the Entrepreneurs access to the Campaign services. 

Amendments

• For the maintenance and improvement of its services, Holvi reserves the right to exchange, and/or exclude existing partners and Entrepreneurs, and/or integrate new partners and Entrepreneurs at any time. By using the offers provided to the Entrepreneur within the framework of this Campaign, the Entrepreneur shall not be entitled to derive the right to claim that Holvi’s services or individual parts thereof be maintained. 
• Holvi reserves the right to change technical and/or commercial modalities of the Campaign at any time. Holvi shall be entitled to change this Campaign Agreement at any time. In such cases, Holvi shall inform the Entrepreneur about any amendments to this Agreement in advance and in due time by e-mail and/or by making a reference thereon in the course of its services. If the Entrepreneur is informed by email, any amendment to this Agreement is deemed to be accepted if the Entrepreneur does not indicate disapproval within two weeks after having received the notification of such amendment. 
• If the Entrepreneur objects to the amendments, the customer and Holvi both have the right to terminate the service and these Agreement with immediate effect.
• Where an amendment to this Agreement or any supplemental Terms is required by law or relates to the addition of a new service, extra functionality to the existing service or any other change which neither reduces the rights nor increases responsibilities of the Entrepreneur, the amendment may be made without prior notice to the Entrepreneur and shall be effective immediately. 
• If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable Holvi will not rely on that part and make adequate changes as soon as reasonably practical to fully comply. The corresponding term(s) will be amended accordingly.

Data protection

Holvi shall use the Entrepreneur’s personal data exclusively so as to comply with its contractual obligations, unless the Entrepreneur accepts any other utilization of its data. Entrepreneur data is collected, processed, and stored in provision of the Campaign services, and may be shared with third parties for this purpose. Holvi Entrepreneur will be covered by in accordance with the Holvi Privacy Policy available at Holvi’s website. Third parties Holvi shares data with and the company Privacy policy can be read here: Holvi Privacy Policy.

Fees

• The usage of the Holvi Campaign (#AdAFriend) is free of charge. 
• Other fees may apply for specific content, guides, service or functions. These fees are charged according to the applicable Pricing Terms valid at the given time. Fees may also be clearly shown or communicated prior to any purchase or action.

Governing law and venue

Place of performance, compliance and jurisdiction shall be Helsinki, to the extent legally permitted. This contract shall be exclusively governed by the laws of Finland.