Terms of Use
Stand: 19. May 2018.
Welcome.
These Terms of Service are effective between you and Rovio Entertainment Corporation, address Keilaranta 7, 02150 Espoo, Finland, ("Rovio") in relation to your use of games, websites, discussion forums and related services ("Services") provided by Rovio. .
Use of the Services is also governed by Rovio's Privacy Policy, which is available at the following link and which is incorporated into these Terms of Use: https://www.rovio.com/privacy.
For residents of the United States of America, Article 8 of these Terms of Service includes a binding arbitration and class action waiver clause that affects your dispute resolution rights.
If you live in the United States, please read this clause carefully.
Except where you use an opt-out and except for certain types of disputes as described in Article 8 herein, you agree that any dispute between you and Rovio will be resolved through binding, individual arbitration.
You are waiving your right to join any class action or class arbitration.
The prerequisite for using the services is acceptance of these Terms of Use.
By accepting these Terms of Use, you represent that you are 13 years of age or older.
If you are between the ages of 13 and 17 or otherwise do not have the right to enter into agreements such as these Terms of Use, you represent that your guardian or legal guardian has read and agrees to these Terms of Use.
If you use or otherwise access our Services, you accept these Terms of Service.
If you do not accept these Terms of Service, you may not use or otherwise access the Services.
Unless otherwise indicated by an applicable Service or part thereof, the Services are available free of charge for use or download.
However, they may have content that enables you to make paid purchases within those services.
If you access the Services through a social networking site (SNS) such as Facebook, you agree to comply with that site's terms of service as well as these Terms of Service.
Rovio may issue additional rules relating to specific parts of the Services (including without limitation forums, contests, sweepstakes or loyalty programs).
Your right to use the Services is subject to the relevant regulations and these Terms of Service.
1. Right to Use the Services
Subject to these Terms of Service, Rovio hereby grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial purposes.
The rights granted to you are conditional on your compliance with these Terms of Use.
With the exception of the aforementioned, you will not obtain any further licenses.
All right, title and interest in and to these Services is reserved by Rovio, including without limitation all copyrights, trademarks, trade secrets, trade names, proprietary rights, titles, machine code, audio visual effects, themes, characters, character names, stories, dialogue, backgrounds, artwork , sound effects, musical works, recordings of the game while using the services, moral rights, whether registered or not.
This also applies to their respective application.
Except as expressly permitted by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without the prior written permission of Rovio.
Rovio reserves all rights not expressly granted to you herein.
The Services and their content are licensed, not sold.
You agree that you have no right or title to any content appearing on the Services, including but not limited to any virtual items or currency appearing on or derived from the Services, whether or not they are obtained through the Services or purchased from Rovio or third parties.
2. Purchases made within the Services
Rovio may license certain virtual goods that you may use on the Services and purchase for real money or obtain or redeem through game mechanics ("Virtual Items").
Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are for non-commercial use only.
Rovio may manage, control, modify, or delete Virtual Items at any time and without notice.
The transfer of Virtual Items is prohibited, except where expressly permitted on the Services.
Virtual Items have no real money equivalent value and are not intended as a substitute for real money.
Neither Rovio nor any other person or entity has any obligation to exchange Virtual Items for anything of value.
Rovio assumes no liability if Virtual Items are hacked or lost.
Virtual Item prices and availability are subject to change without notice.
By law, all purchases and redemptions of Virtual Items on the Services are final and non-refundable.
You acknowledge and agree that making Virtual Items available for use within the Services is a process that begins immediately with purchase and that you forfeit your right to cancel once the process has begun.
Accordingly, you agree that Rovio has no obligation to refund any Virtual Items for any reason whatsoever.
You further agree that you will not receive any money or other compensation for any unused Virtual Items, whether the loss of your license under these Terms of Use was voluntary or involuntary.
If you request deletion of your personal information in accordance with Rovio's privacy policy, you will permanently lose all your Virtual Items with no right to a refund, as Rovio can no longer associate such Virtual Items with you.
3. Code of Conduct
You agree that under no circumstances will you
directly or indirectly uses cheats, exploits, automation software, bots, hacks, mods or other unauthorized third party software designed to interfere with or alter the Services.
violates any applicable law or regulation by using the Services.
Uses the Services for commercial purposes, including but not limited to advertising, soliciting, transmission of any commercial messages such as spam mail, chain letters, pyramid schemes, or any other scheme to make a quick buck.
uses the Services for any fraudulent or abusive purpose, including, without limitation, to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity or the Services.
interrupts, disrupts, or otherwise adversely affects the normal operation of the Services or behaves in a manner that negatively impacts the experience of other users using the Services.
Disrupt or overload any computer or server or assist in the disruption or overload of any computer or server used to provide or maintain the Services.
attempt to gain unauthorized access to the Services, other users' accounts, or the computers, servers, or networks connected to the Services, through any means other than the user interface provided by Rovio, including but not limited to attempted or successful circumvention or modifying any security measure, technology, device, encryption or software included as part of the Services; you may not incite or support third parties to do so.
Post information, content or other material or link to information or content that contains nudity or excessive violence that is abusive, threatening, obscene, defamatory, libelous, racist, sexist, anti-religious or otherwise objectionable.
persistently engage in disruptive behavior, such as by repeatedly posting unsolicited information.
Harasses, abuses or harms or attempts to harass, abuse or harm other persons or groups (including Rovio employees, officers, officers and customer service representatives), or advocates or incites harassment, abuse or harm to any of them.
make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other right of any person or entity, or is intended to impersonate any person, including, but not limited to Rovio employees, directors or officers.
unless you are expressly permitted to do so by law, attempt to decompile, reverse engineer, disassemble, or hack the Services; or overcome or obtain encryption technology or security measures or data transmitted or processed or stored by Rovio; or use any method not expressly authorized by Rovio to obtain information from the Services.
Soliciting or attempting to solicit credentials or other credentials or personally identifiable information from other users of the Services.
Obtain or collect information about or relating to other users of the Services, including but not limited to the use of web beacons, cookies, GIFs or similar objects, sometimes referred to as spyware (spyware).
Post other people's private information through the Services.
This includes personally identifiable information (whether it is text, image or video), personal identification documents or financial information.
Take any action that Rovio deems contrary to the spirit or intent of the Services, or use Rovio Customer Support improperly.
4. Third Party Services
The Services may link to Third Party Services (including, without limitation, advertisements served by third parties) and/or third party Services may be made available to you through the Services.
These services include, but are not limited to, recording and sharing gameplay, connecting to social media or advertising.
These services are subject to the respective terms of use of the third party.
Please read third party terms of service carefully as they constitute an agreement between you and the third party service provider.
Rovio is not a party to this Agreement.
5. Accounts and Credentials
Certain elements of the Services allow you to create an account or otherwise register with the Service ("Account").
You may be asked to choose a password for your account or to use other credentials to access your account ("credentials"). You agree that you will not share your credentials with any third party or allow any third party to use your credentials or your account .
You are solely responsible for maintaining the confidentiality of, and use (including purchases of) the Login Information.
Rovio may assume that someone who logs into your account using your credentials is either you or a third party that you have given permission to log in to.
Rovio reserves the right to delete your account if you have not used the account for at least 180 consecutive days.
You may then lose access to, and be unable to use, virtual items associated with the account.
You will not be offered a refund in this case.
6. User Contributions
Some Services allow you to create content, including but not limited to game maps, characters, screenshots, or videos of your gameplay (collectively, "User Submissions").
In exchange for your use of the Services, you hereby grant to Rovio non-exclusive, royalty-free, perpetual, irrevocable, fully transferrable and sublicensable worldwide rights and licenses to your User Contributions in any form and for any purpose, including but not limited to the Right of reproduction, copy, adaptation, modification, performance, representation, publication, broadcast, transmission or any other form of public distribution by any means present or future.
You also grant Rovio the right to distribute your User Submissions without notice or compensation to you.
Except as expressly prohibited by law, you hereby waive any moral rights of authorship, publicity, reputation or attribution related to Rovio's or other players' use of your User Submissions in connection with the Services and related goods and services under any applicable law.
This grant of a license to Rovio and waiver of any applicable moral rights shall survive any termination of these Terms of Use.
Rovio, its directors, officers, and employees do not accept or consider unsolicited submissions of ideas or products (e.g., game or product ideas, stories, screenplays, art, musical or audiovisual works, concepts, or other creative material) in any format and through any type of Transmission ("Unsolicited Content").
Please do not submit such unsolicited content to Rovio, its directors, officers or employees.
However, if you submit unsolicited content to us, you agree that it will not be treated confidentially, regardless of the information you provide in your cover letter.
You further agree that such Unsolicited Content may be used and exploited by Rovio without any compensation to you or any third party.
You further grant to Rovio a perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sublicensable, and (in whole or in part) transferable worldwide license to use, exploit, reproduce, transmit, supplement, display and display Unsolicited Content, in any current or future media, for any purpose, and to create derivative works from the Unsolicited Content.
7. Communication between Users of the Services
Rovio is not responsible for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct.
Rovio cannot and does not pre-filter or monitor all User Content or behavior.
You use the Services at your own risk.
By using the Services, you may be exposed to content or behavior that is offensive, indecent, or otherwise against your values.
Rovio may use technology to monitor and/or record your interactions with the Services and your communications (including but not limited to chat texts) when using the Services.
You irrevocably agree to this monitoring and recording.
Accordingly, you agree that you do not expect any privacy in relation to the transmission of content within the Services, including but not limited to chat texts or voice messages.
Rovio reserves the right, in its sole discretion and without notice and for no reason or for any reason whatsoever, to review, monitor, prohibit, modify, or delete content or access to any Content provided by users of the Services block or otherwise prevent their availability.
If at any time Rovio decides in its sole discretion to monitor the Services, Rovio still assumes no responsibility for any Content provided by users of the Services.
Rovio also has no obligation to modify or remove inappropriate content.
8. Binding Arbitration/Class Action Waiver
If you are a citizen of the United States of America or bringing a claim against Rovio in the United States of America, you expressly agree that any legal claim, dispute or other controversy between you and Rovio arising out of or related to the Services related, including without limitation, any controversy regarding the applicability, enforceability, or validity of any provision of these Terms of Use or Rovio's Privacy Policy (collectively, "Disputes"), by way of confidential, binding arbitration before an expert arbitrator of the American Arbitration Association ( "AAA") and not in a court of law as described herein.
The arbitration shall be governed by the AAA Commercial Arbitration Rules and, if the Arbitrator deems them applicable, the Additional Procedures for Customer-Related Disputes (collectively, “Rules and Procedures”).
You acknowledge that you are willingly and knowingly forfeiting your right to a jury trial or otherwise in any state or federal court.
Payment of arbitration costs will be governed by the AAA's fee schedule unless you can show that your share is prohibitive compared to the costs of litigation.
In such event, Rovio will pay your arbitration costs to the extent the arbitrator deems necessary to prevent the arbitration from becoming prohibitively expensive compared to the cost of litigation.
Rovio also reserves the right, in its sole and exclusive discretion, to pay any arbitration costs imposed by the AAA.
Each party agrees to pay its own attorneys' fees and expenses unless a law requires the payment of attorneys' fees and expenses to the prevailing party.
The arbitration may be conducted in Los Angeles, California or, upon request, in the city closest to your home where the AAA has an office.
The arbitration award will be final and binding on both you and Rovio and may be entered in judgment in any court of competent jurisdiction.
For more information about the AAA, its rules and procedures, and how to file a request for arbitration, please call the AAA at 800-778-7879 or visit the AAA's website at www.adr.org.
As an exception to binding arbitration and to the extent the dispute arises from any of the following:
any violation of Rovio's intellectual property rights;
a claim arising directly or indirectly from allegations of theft, piracy, unauthorized use, or a violation of the United States Computer Fraud and Abuse Act or the "Rules of Conduct" section of these Terms of Service; and
any right to equitable relief;
Both parties agree that either party may seek injunctive relief (or an equivalent form of urgent relief) in any court having jurisdiction over the other party.
In addition, either party may bring an individual action in a small claims court in lieu of arbitration if the claims fall within the jurisdiction of such court.
To the extent permitted by applicable law, all disputes will be resolved by binding, confidential arbitration on an individual basis.
You expressly agree that no other dispute will be consolidated or joined with your Dispute by class arbitration or otherwise.
You and Rovio agree that there shall be no right or authority to arbitrate any Dispute on a class basis or to pursue any class action procedure, and further that there shall be no right or authority to hold any Dispute as allegedly representative or to refer any Dispute to an attorney acting in favor the public or groups, and also that no arbitration shall be jointly negotiated with any other arbitration.
You have the option to withdraw from the obligation to arbitrate.
In this case, neither you nor Rovio can require the other to participate in an arbitration process.
You must give Rovio written notice of your withdrawal within 30 days of the date you first became subject to this Arbitration Provision.
Written withdrawal should be sent to this address: Rovio Entertainment Corporation, Attention: Legal Department, Keilaranta 7, 02150 Espoo, Finland.
You must provide your name and residential address and a clear statement that you wish to opt out of this arbitration clause.
To initiate arbitration, you must write to this address: Rovio Entertainment Corporation, Attention: Legal Department, Keilaranta 7, 02150 Espoo, Finland and request arbitration stating your claim.
Rovio will provide 30 days' prior notice of changes to the Binding Arbitration/Class Action Waiver clause on the Services or other similar means.
Changes are effective on the 30th day and apply prospectively only to claims that arise after the 30th day.
9. Suspension or Termination for Breach by You
Without limiting any other remedies Rovio may have, Rovio reserves the right, with or without notice to you, to take any of the following actions, individually or in combination, if Rovio believes you are in breach of these Terms of Use: (i) erasure, suspension and/or modification of your account or parts of your account; (ii) restricting, suspending and/or terminating your access to the Services; (iii) modifying and/or removing your Virtual Items; (iv) resetting and/or changing your game progress or your benefits and privileges, such as level or score you have achieved in the Services.
10. Availability of Services
Rovio may restrict, suspend or terminate the Services, in whole or in part, and implement technical and legal measures to prevent users from accessing the Services if Rovio believes that they pose a risk, give rise to potential legal liability, infringe the property rights and copyrights of third parties or are not in accordance with these Terms of Use.
Rovio reserves the right at any time to discontinue offering and/or supporting the Services, in whole or in part (e.g. a game or a specific in-game mechanic).
At that time, your license to use the Service or any part of the Service will automatically terminate.
In such event, and unless otherwise provided by law, Rovio shall not be required to refund virtual or other items associated with such discontinued Services.
11. Disclaimer
To the maximum extent permitted by law, the Services are provided to you on an "as is" basis and without any guarantees, representations or warranties of any kind.
Defects may occur and you use the Services at your own risk.
Rovio makes no warranties of any kind, express, implied or statutory, including implied warranties of merchantability, uninterrupted use, data accuracy (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights and any warranties that arising from business practices, usage habits or trade customs.
Rovio does not warrant that your use of the Services will be uninterrupted, that the Services will meet your requirements, that the operation of the Services will be uninterrupted or error-free, that the Services will interoperate with or be compatible with other Services, or that the Services errors that occur are corrected.
No oral or written advice given by Rovio, its employees or agents shall constitute a warranty.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES SUCH AS ABOVE.
Therefore, the above conditions may not apply to you.
Instead, in such jurisdictions, the foregoing disclaimers apply only to the extent permitted by law in such jurisdictions.
You may also have additional legal rights in the jurisdiction that applies to you.
Nothing contained in these Terms of Service shall infringe any statutory rights that you may have as a customer of the Service.
12. Limitation of Liability
Rovio shall not be liable in any way for any special, incidental, or consequential damages arising out of your access to, use of, or malfunction of the Services, including, but not limited to, property damage, loss of goodwill, equipment defects or malfunctions, and, by law to the maximum extent permitted, damages for personal injury, property damage, lost profits, or punitive damages arising out of causes of action arising directly or indirectly related to these Terms of Service or the Services, whether in tort (including negligence), contract, strict liability or otherwise arise or whether Rovio has been advised of the possibility of such damages arising.
Within the meaning of Art.
12 “Limitation of Liability”, Rovio's licensors and other partners shall be third party beneficiaries of the limitations of liability set forth herein and may enforce these Terms of Use against you.
In no event shall Rovio's total liability arising directly or indirectly from these Terms of Service, the Privacy Policy or the Services exceed: (i) the actual price, if any, paid by you for the license to use Virtual Items; or (ii) one hundred euros (100.00€).
The exclusion and limitation of damages are fundamental elements of the agreement between Rovio and you.
Some jurisdictions do not allow certain limitations of liability such as those set out above.
Therefore, the above conditions may not apply to you.
Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by law in such jurisdictions.
You may also have additional legal rights in the jurisdiction that applies to you.
Nothing contained in these Terms of Service shall infringe any statutory rights that you may have as a customer of the Service.
You agree to indemnify and hold harmless Rovio (and Rovio's officers, directors, agents, subsidiaries, joint ventures and employees) from any claim, demand, damages or other loss (including reasonable attorneys' fees) asserted by any third party and which arising out of your use of the Services or any violation of these Terms of Use.
However, the above does not apply if the third-party claim is not due to your intentional or negligent conduct.
13. Copyright and DMCA (Digital Millennium Copyright Act)
If you believe that the Services or their content infringes your copyright, please send a notice to: Rovio Entertainment Corporation, Legal Department, Keilaranta 7, 02150 Espoo, Finland or by email to: legal@rovio.com .
Notices sent to the address provided will be received by Rovio's registered DMCA agent.
Please include all of the following information with your DMCA notice:
Identify the work whose copyright has been infringed.
If your notification relates to multiple works, you can include a representative list of examples.
Identify the material that you claim is infringing, including a description of where to find the material.
Your description must be specific enough to allow Rovio to locate the material.
Include your full name, mailing address, phone number and (if available) email address.
Your DMCA notice must include the following statement:
"I believe that the use of the material is not authorized by the copyright owner, its agent, or the law.
I certify that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the copyright owner or am authorized to act on the copyright owner's behalf.”
Please note that if you knowingly misrepresent that any material or activity constitutes infringement, pursuant to 17 U.S.C. 512(f) may be held liable for any damages (including attorneys' fees and other costs incurred by us or our users as a result).
If you are unsure whether the material or activity you are reporting violates applicable law, you should contact an attorney before notifying Rovio.
14. Links to Third Party Products and Services
Rovio may link to third party websites or services through the Services.
You understand that Rovio makes no representations about, and Rovio does not endorse, any content, goods or services provided by such third parties.
Furthermore, Rovio will not be responsible to you for any loss or damage caused by such third parties.
You are responsible for all costs you incur in connection with these third parties.
You understand that any information you provide to such third parties will be governed by that third party's privacy policy (if any) and that Rovio's privacy policy will not apply to such information you provide.
15. Changes to these Terms of Use
Notwithstanding Art.
8 “Binding Arbitration/Class Action Waiver” Rovio may update these Terms of Service from time to time to reflect new legal, technical, or economic developments.
If these Terms of Service are updated, Rovio will take reasonable steps, depending on the relevance of the changes made by Rovio, to notify you of the changes on the Services or otherwise.
If you continue to access or use our Services after the update has taken effect, you agree to the updated Terms of Service applying.
16. Governing Law
If you are a resident of the United States, in addition to Section 8 above (“Binding Arbitration/Class Action Waiver”), these Terms of Service are also governed by the laws of the State of California and applicable federal laws, without regard to conflict of law provisions.
If you reside outside of the United States of America, you agree that any dispute between you and Rovio shall be governed by the laws of Finland, without regard to its conflict of law provisions.
You agree that any claim or action against Rovio shall be decided exclusively by a court located in Espoo, Finland.
If the legal system of the country in which you reside prevents Rovio from enforcing this provision with regard to applicable law, these Terms of Use shall not limit your rights based on the laws applicable in your place of residence.
17. Assignment, Severability Clause and Master Agreement
Rovio may transfer these Terms of Use, in whole or in part, to another person or entity at any time without your consent.
You may not assign or transfer any of your rights or obligations under these Terms of Use or the Privacy Policy without Rovio's prior written consent.
Any unauthorized assignment or transfer by you is void.
If any provision of these Terms of Use is held invalid or unenforceable, such provision will be limited or waived to the minimum extent necessary.
The other provisions of these Terms of Use remain unaffected and remain in effect.
Rovio's failure to enforce any right or provision of these Terms of Service shall not be deemed a waiver of that right or provision.
These Terms of Service and the Privacy Policy constitute the entire agreement between you and Rovio with respect to the Services and supersede all prior agreements and understandings between you and Rovio.
Failure by Rovio to exercise or enforce any of its rights under these Terms of Service shall not be deemed a waiver of such right.
No waiver of such rights will be effective unless in writing and signed by an authorized representative of Rovio.
If you have any questions about these Terms of Use, please contact support@rovio.com.