Terms of Service ("TOS")
Effective date: April 13, 2022.
Welcome.
These Terms of Service ("TOS") apply to you and Rovio Entertainment Corporation, located at Keilaranta 7, 02150 Espoo, Finland, ("Rovio") with respect to your use of the games, websites, Rovio discussion forum and related services (the "Services").
In addition, the use of the Services is governed by the Rovio Privacy Policy (available at https://www.rovio.com/privacy), incorporated by reference.
For users residing in the United States, these TOS contain a binding arbitration clause and a class action waiver clause in the section "Binding Arbitration / Class Action Waiver", which affect your rights regarding how to terminate the disputes.
If you are a resident of the United States, we recommend that you read it carefully.
Except in cases of waiver by you, and subject to certain types of disputes described in the section "Binding Arbitration / Class Action Waiver", you agree that any disputes between you and Rovio will be resolved by binding individual arbitration and you waive your right to take part in any class action lawsuit or class arbitration.
You must accept these TOS as a prerequisite for using the Services.
If you agree to these TOS, you represent that you are at least 13 years old.
If you are between the ages of 13 and 17, or for other reasons you do not have the necessary authority to enter into agreements such as these TOS, you declare that your legal guardian, or the holder of parental responsibility, has reviewed and accepted these TOS.
By using or otherwise accessing the Services, you agree to these TOS.
Failure to accept these TOS will make it impossible for you to use the Services or access them in any other way.
Unless otherwise specified, the Services do not require payment of money for use or download, but may contain features that allow you to make purchases within the Services.
You may need to have an Internet connection to access or use the Services.
You will be responsible for all internet or mobile phone connectivity charges that you may incur by accessing or using the Services.
By accessing the Services from a third party platform, such as Facebook or another social networking site, you agree to abide by the terms of service of that platform, as well as these TOS.
Rovio may publish additional terms or notices in relation to individual Services or specific components of the Services (including, but not limited to, forums, contests, sweepstakes or loyalty programs).
Your right to use the Services is subject to such relevant terms and notices, as well as these TOS.
1.
Right to use the Services
Subject to acceptance of these TOS, Rovio grants you a non-exclusive, non-transferable, non-sub-licensable and limited right, as well as a license to use the Services for personal and non-commercial use.
The rights granted to you are subject to your compliance with these TOS.
Except as stated above, you are not granted any other licenses.
Rovio retains all rights, titles and interests in and on the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogues, settings, graphics, sound effects, musical works, game recordings made using the Services, moral rights, whether recorded or not, and all respective applications.
Unless expressly authorized by applicable law, the Services may not be copied, reproduced or distributed in any way or by any means, in whole or in part, without the prior written consent of Rovio.
Rovio reserves all rights not expressly granted in this document.
The Services and related content are licensed, not sold.
You agree that you have no right or title to any content appearing in the Services, including but not limited to Virtual Items appearing in the Services or originating from the Services, regardless of whether they are obtained in the Services or purchased from Rovio or its authorized partners.
2.
Purchases made in the Services
Rovio may license certain virtual goods or other content to you (such as, for example, in-game items or currency), which can be used within the Services and which you can purchase for real money or earn or redeem through the game (the " Virtual objects ").
Virtual Items are licensed to you on a limited, personal, non-transferable, non-sub-licensable and revocable basis for non-commercial use only.
Unless expressly authorized in the Services, you can only purchase Virtual Items from Rovio or its authorized partner and it is forbidden to transfer or sell Virtual Items.
Virtual Items have no real money value and are not a substitute for real money.
Neither Rovio nor any other person or entity is required to exchange Virtual Items for valuables.
Rovio is not responsible for any system violations or loss of your Virtual Items.
The price and availability of the Virtual Items are subject to change without notice.
All purchases and redemptions of Virtual Items made through the Services are final and non-refundable.
You acknowledge and agree that the Virtual Items will be provided to you immediately after purchase and waive any right to cancel or withdraw from the purchase once the process has started.
Consequently, you agree that Rovio is not required to grant any refunds for Virtual Items, for any reason whatsoever.
Additionally, you acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether the loss of your license under these TOS was voluntary or not.
The foregoing does not affect your rights under applicable law, including those you may have under the legal guarantee of compliance described in the Disclaimer Section.
If you request the deletion of your personal data as described in the Rovio Privacy Policy, you will permanently lose all your Virtual Items without any right to a refund, as Rovio will no longer be able to associate these Virtual Items with you.
3.
Right of withdrawal
If you are a consumer resident in the European Union or in a member country of the European Economic Area ("EEA"), this Section applies to you.
You may have the right to withdraw from these TOS within 14 days from the day you accept them.
You may also have the right to withdraw from the purchase of a license for a Virtual Item or Service within 14 days of purchase.
It is not necessary to specify the reason for exercising the right of withdrawal.
However, you do not have the right to withdraw from a purchase if you have consented to the Object or virtual Service being provided to you in its entirety during the withdrawal period and you have acknowledged that you have thereby lost your right of withdrawal.
To withdraw from these TOS, you must inform Rovio of your decision to withdraw and stop using the Services.
To withdraw from the purchase of a license for a virtual Item or Service, you must inform the official dealer, which may be Rovio or its authorized partner, through which you made the purchase.
Please note that Rovio is neither able nor obliged to satisfy your request to withdraw from a purchase in which Rovio is not the official dealer.
To inform Rovio of your decision to withdraw, you must send an unequivocal statement of your decision by e-mail to support@rovio.com.
For this purpose, you can use the attached withdrawal form, but this is not a requirement.
To meet the deadline, it is sufficient that you send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from the purchase of a license for a virtual item or a service, you are entitled to a refund of the purchase without undue delay and in any case no later than 14 days from the day you informed the official dealer of your decision to withdraw from the purchase.
The refund will be made using the same payment method used to make the initial payment, unless otherwise agreed.
You will not have to incur any costs following this refund.
4.
Code of Conduct
You also agree to refrain in any case from the following behaviors:
use, directly or indirectly, cheats, exploits, automated software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Services;
use the Services in violation of any applicable law or regulation;
use the Services for commercial purposes, such as, but not limited to, advertising, soliciting, broadcasting commercial advertisements such as spam e-mails, chains of St. Anthony, pyramid schemes or other tricks to make easy money;
use the Services for any fraudulent or abusive purpose, such as, but not limited to, using the Services with the intention of impersonating a different person or entity, or otherwise misrepresenting your affiliation with a person or entity, or to the Services;
interrupt, interfere with or otherwise adversely affect the normal operation of the Services or act in such a way as to adversely affect the experience of other users while using the Services;
block, overload, contribute to or facilitate the blocking or overloading of any computer or server used to offer or support the Services;
attempt to access the Services without authorization, to accounts registered with third parties or to computers, servers or networks connected to the Services by means other than the user interface provided by Rovio, for example by circumventing or modifying, attempting to circumvent or modify, or encouraging or favoring any another person to circumvent or modify any security system, technology, device, coding or software that is part of the Services;
post information, content or other material (or post links to information or content) containing nudity or excessively violent images or in which there is abuse, threats, obscenity, defamation, slander or offense of a racial, sexual, religious or otherwise reprehensible;
engage in conduct that tends to be incorrect, such as repeatedly posting unsolicited information;
attempt to harass, inflict abuse or harm, or support or incite harassment, abuse or harm to another person or group, including Rovio employees, directors, officers and customer service representatives;
make available, through the Services, any material or information that violates any copyright, trademark, patent, trade secret, right to privacy, right of publicity or other right of any person or entity, or that has the purpose of impersonating any person , such as, by way of example but not limited to, an employee, director or officer of Rovio;
unless specifically authorized by applicable law, to attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Rovio, or to obtain any information from the Services using any method not expressly permitted by Rovio;
request or attempt to obtain login details or other credentials or personal login information from other users of the Services;
steal, scrape or collect information about or relating to other people who use the Services, by way of example but not limited to, through the use of pixel tags, cookies, GIFs or similar elements, sometimes also called "spyware" ;
post anyone's private information, including personally identifiable information / data (in text, image or video format), identity documents or financial data through the Services;
undertake any act that Rovio deems to be in conflict with the spirit or intent of the Services or make improper use of Rovio's assistance services.
5.
Account and login information
Certain elements of the Services may allow you to create an account or otherwise register with the Services ("Account").
You may be asked to choose a password for your Account, or to use other credentials to access the Account (the "Login Information").
You agree not to provide your Login Information to third parties and not to allow any other person to use your Login Information or your Account.
You are solely responsible for maintaining the confidentiality of your Login Information.
Rovio has the right to assume that any use of your Login Information or your Account has been made by you, and you remain responsible for any action taken using your Account or your Login Information (including but not limited to exhaustive, any purchases).
You agree to indemnify Rovio in the event of any loss or damage resulting from your inability to keep your Login Information confidential.
You acknowledge that you have no proprietary title or interest in or with respect to any Account.
Rovio reserves the right to delete your Account if it does not detect any activity on your part in relation to the Account for at least 180 days.
If so, you may no longer be able to access and / or use the Virtual Items associated with that Account and no refunds will be offered to you.
6.
User contributions
The Services may allow you to create content, including, but not limited to, game maps, game profiles, characters, objects, screenshots or videos of your game (collectively referred to as "User Contributions").
In exchange for using the Services, you grant Rovio the non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable right and license worldwide to use your User Contributions in any way. and for any purpose, including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, disseminate, transmit or otherwise communicate to the public by any means available currently or in the future, and to distribute your User Contributions without any further notice or compensation of any kind to you.
Unless expressly prohibited by applicable law, you hereby waive any moral right of authorship, publication, reputation or attribution in connection with the use and enjoyment by Rovio (including its licensors, successors and assigns) and other players. of your User Contributions in connection with the Services and related goods and services.
The aforementioned granting of license to Rovio and the waiver of any applicable moral right will continue even following the termination of these TOS.
Rovio and their respective directors, officers and employees do not accept or consider unsolicited product ideas or presentations of any kind (such as, for example, game or other product ideas, stories, scripts, artwork, musical or audiovisual works , concept or any other creative material) sent by you in any format and by any means of transmission (the "Unsolicited Content").
Please do not send Unsolicited Content to Rovio or its respective directors, officers or employees.
However, if you send us Unsolicited Content, you agree that it will not be treated as confidential content, regardless of any indication to the contrary in the Unsolicited Content, its accompanying message or elsewhere.
Further, you agree that such unsolicited Content may be used and exploited by Rovio without any compensation to you or any third party, and you grant Rovio a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sub-licensable worldwide license. and transferable (in whole or in part) to use, exploit, reproduce, transmit, modify, view and show unsolicited Content in all media available currently or in the future, for any purpose and to create derivative works based on unsolicited Content .
7.
User interactions
Rovio assumes no responsibility for the conduct of other users of the Services or the monitoring of the Services for the purpose of identifying any inappropriate content or behavior.
Rovio does not and cannot pre-select or monitor all content or the conduct of all users.
The use of the Services is at your own risk.
By using the Services, you may be exposed to content or behavior that is offensive, indecent or otherwise not in line with your values.
Rovio may use the technology to monitor and / or record your interactions with the Services or communications within the Services (including, but not limited to, chat messages or voice communications).
You irrevocably consent to such monitoring and recording and agree that you have no expectation of confidentiality regarding the transmission of content within the Services, including, but not limited to, chat messages or voice communications.
You acknowledge that your User Contributions, your communications within the Services and / or your interactions with the Services may be viewed or can be viewed by other users of the Services or by the general public.
Rovio reserves the right, in its sole discretion, to review, monitor, prohibit, modify, delete, disable access to, or otherwise make unavailable any content made available by users of the Service without notice or for any reason whatsoever, at any time.
If at any time Rovio should choose, in its sole discretion, to monitor the Services, Rovio will not in any case assume any responsibility for the content made available by users of the Services, nor the obligation to modify or remove any inappropriate content.
You acknowledge that Rovio is not a party to any dispute that may arise between you and any other user or users of the Services.
Rovio is not otherwise required to be involved in such disputes.
You release Rovio and its subsidiaries (and the officers, directors, agents, joint ventures, shareholders and employees of Rovio and its subsidiaries) from all claims, demands and damages related to such disputes.
8.
Binding arbitration / Waiver of class action
If you are a resident of the United States or have a complaint against Rovio in the United States, you expressly agree that any legal claim, dispute or other dispute between you and Rovio arising out of or otherwise related in any way to the Services, including disputes relating to enforceability , the enforceability or validity of any provision of these TOS or Rovio's Privacy Policy (collectively the "Disputes"), will be resolved in binding confidential arbitration conducted before a commercial arbitrator by the American Arbitration Association ("AAA" ) rather than in a court of law, as described here.
The arbitration will be governed by the commercial arbitration rules of the AAA and, if the arbitrator believes they are applicable, by the additional procedures for consumer disputes (collectively "Rules and Procedures").
You acknowledge that you are voluntarily and knowingly waiving your right to a jury trial and to otherwise proceed in a state or federal court case.
Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to demonstrate that your share would be prohibitive compared to the costs of a litigation, in which case Rovio will pay part of the costs, to the extent deemed. necessary by the arbitrator, to prevent arbitration from being prohibitively expensive compared to the costs of litigation.
Rovio also reserves the right, in its sole and exclusive discretion, to assume responsibility for all arbitration costs imposed by the AAA.
Each party agrees to pay the attorney's fees and attorneys' fees, unless there is a binding statutory provision requiring the prevailing party to pay attorney's fees and expenses.
The arbitration may take place in Los Angeles, California or, at your request, in the city closest to you where there is an AAA office.
The arbitration award will be final and binding on you and Rovio and may be delivered in the form of a judgment in any court of competent jurisdiction.
For more information on the AAA, its rules and procedures and how to submit a request for arbitration, you can call the AAA at 800-778-7879 or visit the AAA website at www.adr.org.
As an exception to the binding arbitration rule, insofar as the dispute arises from:
any violation of Rovio's intellectual property rights;
a complaint relating to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the US Computer Fraud and Abuse Act or the "Code of Conduct" section of these TOS ; And
any request for equitable remedy;
then both parties agree that one party may seek injunctive remedies (or an equivalent type of urgent legal remedy) in any court having jurisdiction over the other party.
In addition to the above, each party may assert an individual action in the courts for small claims for claims that fall within the jurisdiction of that court in lieu of arbitration.
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 merged or merged with your dispute, through class arbitration procedures or otherwise.
You and Rovio agree that there is no right or power to submit any dispute to arbitration on the basis of a class action or to use class action procedures; there is no right or power to bring legal action for disputes by virtue of an alleged representative capacity or before a private attorney general, and no arbitration may be combined with other arbitrations.
You have the option to waive this arbitration obligation.
If you do, neither you nor Rovio will be able to request that the other party participate in an arbitration proceeding.
To opt out, you must notify Rovio in writing within 30 days of the date on which you were first subject to this arbitration clause.
The notice of waiver must be sent to: Rovio Entertainment Corporation, ATTN: Legal Department, Keilaranta 7, 02150 Espoo, Finland.
You will need to include your name and residential address, along with a statement clearly stating your desire to waive this arbitration clause.
To initiate arbitration proceedings, you will need to send a letter to: Rovio Entertainment Corporation, ATTN: Legal Department, Keilaranta 7, 02150 Espoo, Finland, requesting arbitration and describing your complaint.
Rovio will provide 30 days notice in the event of changes to this section "Binding Arbitration / Class Action Waiver" through the Services or other similar means.
The changes will take effect on the thirtieth day and will only apply to any requests made after the thirtieth day.
9.
Suspension and Termination for Your Violation
Without limiting the possibility of recourse to other remedies available to Rovio, should Rovio believe that you are in breach of these TOS, it reserves the right to take any of the following actions, individually or jointly, and with or without notice: (i) delete, suspend and / or modify your Account or parts of your Account; (ii) restrict, suspend and / or interrupt access to the Services; (iii) modify and / or remove any of your Virtual Items; (iv) reset and / or modify any game progress or benefits and privileges associated with you, such as your level or score achieved on the Services.
10.
Availability, Compatibility and Changes to the Services
Rovio does not guarantee that the Services will always be available or that they will continue to be available in the future.
The Services may be temporarily unavailable due to technical problems or for reasons related to maintenance, which may occur on a scheduled or unscheduled basis.
Additionally, the Services or portions thereof may be designed to be available only for a limited period of time (for example, in the case of seasonal content or when early access to a development version of a game is provided), or their life cycle can be influenced by technological developments or changes in consumer behavior.
Consequently, Rovio reserves the right to discontinue the offer and / or support for the Services or parts thereof (for example, a game or a game feature) at any time; at that point the license to use the Services or parts of them will be automatically revoked.
In such event, unless otherwise provided by applicable law, Rovio is not required to provide refunds for the Services or for any Virtual Items.
Where applicable, Rovio will take reasonable steps to provide notice should the Services or parts thereof be interrupted.
However, Rovio may limit, suspend or discontinue the Services, or any part thereof, and take technical and legal measures to prevent you from accessing the Services, should Rovio believe that you or any other user may present a risk in terms of legal liability or of infringement of third party intellectual property rights or that your conduct is inconsistent with the letter or spirit of these TOS.
The Services may have limited compatibility in relation to different devices and operating systems.
You are solely responsible for verifying that the Services are compatible with your device and its operating system.
Generally, more information on compatibility requirements is available upon first use or download (for example, in the relevant app store).
The Services are destined to evolve over time.
Consequently, Rovio may from time to time change, manage, modify or update the Services or parts of them (including, but not limited to, Virtual Items).
This could involve the addition, removal or modification of content or features (such as, for example, the addition or removal of game modes or areas, or the alteration of virtual Objects in their appearance or power).
Rovio may, in its sole discretion, make any changes it deems necessary to maintain and improve the Services, including, but not limited to, the introduction, modification or removal of game content and features based on the roadmap. development of Rovio, adaptation to new technologies, any changes made to the agreements entered into by Rovio with third parties, the prevention of abuses or technical problems and the fulfillment of any legal, safety or regulatory requirements.
When changes are made to the Services, you may need to download and install an update to continue using them.
Otherwise, you may not be able to access or use the Services or parts of them (for example, the game and online features may only be available to users who have the latest version of a game).
11.
Disclaimer of Liability
To the maximum extent permitted by applicable law, the Services are provided to the user "AS IS", without guarantees, assurances or commitments of any kind.
The Services may have defects and their use by you is solely at your own risk.
Rovio makes no, and hereby disclaims, any express, implied or legal warranties, including the implied warranties of condition, uninterrupted use, data accuracy (including, but not limited to, location data), merchantability, satisfactory quality, suitability. for a particular purpose, non-infringement of the rights of third parties and guarantees (if any) deriving from usage or commercial practices.
Rovio does not guarantee that there will be no interference with your enjoyment of the Services; that the Services meet your needs; that the operation of the Services is uninterrupted or error-free; that the Services are interoperable or compatible with any other service; or that any errors in the Services are corrected.
No written or oral advice provided by Rovio, its employees or other representatives constitutes a guarantee.
Some jurisdictions do not allow disclaimers such as those set out above; therefore, the above terms may not apply to you.
Instead, in the aforementioned jurisdictions, the above disclaimer clauses are applicable only to the extent permitted by the laws in force in those jurisdictions.
Additionally, you may have additional legal rights in your jurisdiction, and nothing contained in these TOS will infringe any legal rights you may have as a consumer of the Services.
In particular, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which Rovio may be held liable for a lack of conformity detected by you: (i) within two years of any one-time supply of the Services (such as the provision of a Virtual Item); or (ii) at any time during any continuing provision of the Services.
12.
Limitation of Liability
Rovio will not be liable in any way for any special, incidental or consequential damages arising from the access, use or malfunction of the Services, including but not limited to property damage, loss of start-up, device failure or malfunction. and, to the extent permitted by law, damages for personal injury, property damage, lost profits or punitive damages arising from any cause of action, arising out of or related to these TOS or the Services, whether due to tort (including negligence) , contract, strict liability or otherwise and whether or not Rovio has been informed of the possibility of such damages.
In no event will Rovio's total aggregate liability, arising out of or in connection with these TOS, the Privacy Policy or the Services, may exceed the higher of: (i) the actual price (if any) paid for the license 'use of Virtual Items or Services; or (ii) one hundred euros (100 EUR).
The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Rovio and you.
For the purposes of the “Limitation of Liability” Section, the licensors and other partners of Rovio are third party beneficiaries of the limitations of liability specified therein and may enforce these TOS against you.
Some jurisdictions do not allow certain limitations of liability, such as those set out above; therefore, the above terms may not apply to you.
Instead, in the aforementioned jurisdictions, the limitations of liability covered by this Section are applicable only to the extent permitted by the laws in force in such jurisdictions.
Additionally, you may have additional legal rights in your jurisdiction, and nothing contained in these TOS will infringe any legal rights you may have as a consumer of the Services.
You agree to indemnify, defend and hold Rovio and its subsidiaries harmless (and the officers, directors, agents, joint ventures, shareholders and employees of Rovio and its subsidiaries) from any and all claims, demands, damages or other losses, therein including reasonable legal fees, claimed by third parties, arising from your use of the Services or from any breach of these TOS by you; however, the foregoing does not apply if the third party's claim is not attributable to your intentional or negligent behavior.
13.
Copyright e DMCA
If you believe that the Services or any of their content infringes your copyrights, please submit a DMCA (report of copyright infringement under the Digital Millennium Copyright Act) by regular mail to: Rovio Entertainment Corporation, Legal Department, Keilaranta 7, 02150 Espoo, Finland or, alternatively, by email to: legal@rovio.com.
DMCA reports sent to the specified address will reach Rovio's registered DMCA agent.
You will need to include the following information in your DMCA report:
identify the copyrighted work that you believe has been infringed.
If your DMCA report is for multiple works, you can provide a representative list of those works;
identify what you believe to be the material responsible for the infringement, including a description of where the material is located.
Your description must be reasonably sufficient to allow Rovio to identify the aforementioned material;
provide your full legal name, postal address, telephone number and (if available) e-mail address;
Include the following statement in the body of your DMCA report:
"I believe in good faith that the use of the material is not authorized by the copyright owner, its agent or the law.
I declare that the information contained in this DMCA notice is true and, under penalty of perjury, that I am the copyright owner or that I am authorized to act on behalf of the copyright owner. "
Please note that, pursuant to title 17 § 512 (f) of the U.S. Code, if you knowingly send a false report regarding materials or activities constituting an alleged violation, you could be held liable for damages, including legal costs and fees, caused to Rovio or to their respective users.
If you have any doubts as to whether the material or business you are reporting is responsible for a violation, you may want to contact a lawyer before sending a notice to Rovio.
14.
Third Party Products and Services
The Services may contain links to third party products or services or make them available in any other way, such as through third party advertisements, social media connectivity or community services, or game registration or sharing services.
These products and services are subject to the terms and conditions of their respective third parties.
We encourage you to read these third party terms and conditions carefully as they constitute an agreement between you and the respective third party service provider, of which Rovio is not a party.
You acknowledge that Rovio does not endorse or provide any warranties with respect to the content, goods or services provided by such third parties.
Rovio is not liable to you in the event of any loss or damage caused by the aforementioned third parties or any expenses incurred by you in connection with them.
You acknowledge that the disclosure of your data to such third parties is governed by their privacy policy (if any) and that our privacy policy does not apply in relation to such data.
15.
Changes to these TOS
Without prejudice to the "Binding Arbitration / Class Action Waiver" Section, Rovio may update these TOS from time to time, in light of changing legal, technical or commercial developments.
When updating these TOS, Rovio will take appropriate measures to notify you through the Services or otherwise, based on the relevance of the changes made.
By continuing to access or use the Services after the updates take effect, you agree to be bound by the updated TOS.
16.
Applicable legislation
If you are a resident of the United States, in addition to the "Binding Arbitration / Class Action Waiver" section above, these TOS are governed by the laws of the State of California and applicable US federal laws, excluding the rules of private international law. .
If you are a resident outside the United States, you accept that all disputes between you and Rovio are governed by the laws of Finland, with the exclusion of the rules of private international law.
You agree that any claims or disputes you may have against Rovio will only be resolved by a court based in Espoo, Finland.
If you are a consumer resident in the EEA, you can also use the Online Dispute Resolution Platform offered by the European Commission as an out-of-court alternative for dispute resolution.
Please note that Rovio may not have the obligation to accept the use of this platform or other platforms for the resolution of alternative disputes.
If the jurisdiction of your domicile prohibits Rovio from applying the choice of law provision, nothing contained in these TOS will limit your rights under the laws in force in your domicile.
17.
General clauses
Entire agreement.
These TOS and the Privacy Policy define the entire agreement between you and Rovio regarding the Services and supersede all previous agreements and understandings between you and Rovio.
Transfer.
Rovio may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not limit your rights under these TOS.
You may not assign or delegate any rights or obligations under these TOS without Rovio's prior written consent, and any unauthorized assignment and delegation on your part will be void.
Severability clause.
If any provision contained in these TOS is found to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary and the remaining provisions contained in these TOS will remain in full force and effect.
Rovio's failure to enforce any right or provision of these TOS will not be considered a waiver of such right or provision.
No waiver.
Rovio's inability to exercise or assert its rights under these TOS does not constitute a waiver of the right itself.
Any waiver of these rights will be effective only if made in writing and signed by an authorized representative of Rovio.
Contact details.
If you have any questions regarding these TOS, please contact: support@rovio.com.
18.
Additional Terms for Apple Users
In addition to the above conditions, if you access the Services using Apple Inc. devices ("
Apple "), the following conditions apply.
You acknowledge and agree that these TOS are entered into between you and Rovio, not Apple, and that Rovio, and not Apple, is responsible for the Services and related content.
The license granted to you under these TOS is subject to the permitted use rules specified in the Apple App Store Terms of Service and any third party contractual terms contained therein.
You are obliged to comply with all third-party terms and conditions applicable to your use of the Services.
Rovio, not Apple, is responsible to you for: (i) the provision of any maintenance or support for the Services in accordance with these TOS; and (ii) the handling of any complaints you have made regarding the Services, including complaints relating to product liability, complaints relating to the non-compliance of the Services with any applicable legal or regulatory requirements, and complaints made under the protection of consumers or equivalent laws.
If the Services fail to comply with the warranties or other conditions set forth in these TOS or applicable law, you may notify Apple and Apple may subsequently refund the purchase price (if any) for the relevant Services.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligations with respect to the Services.
In the event that a third party claims that the Services or your possession and use of the Services constitutes an infringement of the intellectual property rights of a third party, Apple will not be held liable for investigation, defense, resolution or compliance. of such intellectual property infringement claim.
You represent and warrant the following: (i) that you are not resident in a country that is subject to a US government embargo, or that has been designated by the US government as a "supporting terrorism" country; and (ii) not to appear on any US government banned or restricted list.
Apple and its subsidiaries are third party beneficiaries of these TOS.
By accepting these TOS, you acknowledge that Apple will have the right to enforce these TOS against you as a third party beneficiary.