Terms of Use (Terms)
Effective Date: May 19, 2018
Hello!
These Terms of Use (hereinafter the Terms) apply to you and Rovio Entertainment Corporation, Keilaranta 7, 02150 Espoo, Finland (hereinafter Rovio), apply to your use of games, websites, message boards and related services ( hereinafter referred to as the Services) offered by Rovio.
Your use of the Services is also governed by the Rovio Privacy Policy available at https://www.rovio.com/privacy, which is incorporated into these Terms under this appeal.
For United States residents, these Terms constitute a binding arbitration clause in section 8.
and the waiver of collective dispute resolution rights that affect your dispute resolution rights.
If you live in the United States, please read them carefully.
Unless you waive this condition and unless your dispute falls within the exceptions described in section 8, you agree that all disputes between you and Rovio will be settled by binding individual arbitration and you waive any rights to participate in any collective action.
Acceptance of these Terms is a prerequisite for using the Services.
If you accept these Terms, you represent that you are 13 years of age or older.
If you are between 13 and 17 years of age or otherwise you are not entitled to be bound by these Terms, you declare that your legal guardian or parental responsibility has read and accepted these Terms.
By using or otherwise accessing the Services, you accept these Terms.
If you do not accept these Terms, you may not use the Services or otherwise access them.
Unless otherwise stated in a component of a given Service, the Services may be downloaded and used for free, but may include certain purchasing features.
If you use the Service through a social networking site (WS) such as Facebook, you must comply with both its terms of use and these Terms.
Rovio may post additional policies that apply to specific components of the Services (including, but not limited to, forums, contests, sweepstakes, or loyalty programs).
Your right to use the Services is governed by both these additional rules and these Terms.
1.
Right to use the services
Pursuant to these Terms, Rovio grants you a non-exclusive, non-transferable, non-licensable, limited right and license to use the Services for private, non-commercial use.
The rights granted to you are subject to these Terms.
You do not get any additional license besides the aforementioned entitlements.
Rovio retains all rights, title and interest in the Services, including but not limited to all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer code rights, audiovisual effects, themes, characters, character names, plot , dialogues, settings, graphics, sound effects, music, recordings of games created using the Services, moral rights, reserved or not, and all uses thereof.
Unless otherwise expressly provided by law, the Services may not be copied, reproduced or distributed in any form or medium, in whole or in part, without Rovio's prior written consent.
Rovio reserves all rights not expressly granted to you hereby.
Services and their content are licensed, not sold.
You accept that you have no right or title to the content appearing on the Services, including, without limitation, Virtual Items and currency appearing on or originating from the Services, whether obtained through the Services or purchased from Rovio or the parties. third.
2.
Purchases as part of the Services
Rovio may license you to use certain virtual goods on the Services that you can buy with real money or obtain while playing (Virtual Items).
Virtual Items are licensed and are limited, personal, non-transferable, non-sublicensable and revocable, and for non-commercial use only.
Rovio may manage, modify or delete Virtual Items at any time with or without notice.
Virtual Items are not allowed to be transferred unless expressly stated otherwise in the Services.
Virtual Items have no real money equivalent and cannot be a substitute for it.
Neither Rovio nor any person or entity has any obligation to exchange Virtual Items for anything of any value.
Rovio is not responsible for any hacking or loss of Virtual Items.
Price and availability of Virtual Items are subject to change without prior notice.
By law, any purchase or receipt of a Virtual Item made through the Services is final and non-refundable.
You hereby accept that the supply of Virtual Items for use in the Services is a process that begins immediately after purchase is made, and you waive any rights to cancel this process once it has commenced.
By doing so, you accept that Rovio is under no obligation to refund Virtual Items for whatever reason.
You further agree that you will not receive any money or any other compensation for any unused Virtual Items, whether your loss of license under these Terms is voluntary or involuntary.
Requesting the deletion of personal data in accordance with the principles set out in the Rovio Privacy Policy involves the permanent deletion of any Virtual Items without the right to a refund, because Rovio will no longer be able to bind the Virtual Items in question to you.
3.
Code of Conduct
By accepting these regulations, you declare that, regardless of the circumstances, you will not:
use - both directly and indirectly - cheats, software bugs, gameplay automation programs, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the operation of the Services
use the Services in a manner inconsistent with applicable law or regulations
use the Services for commercial purposes (including, but not limited to, advertising, soliciting, or transmitting any advertising content, including email spamming, chain letters, pyramid schemes, and other allegedly earning-money schemes)
use the Services for any unauthorized or fraudulent purposes, including, but not limited to, impersonating another person or entity or otherwise lying to your relationship with any person, entity or Services
disrupt, interfere with or otherwise adversely affect the standard operation of the Services or otherwise use the Services that may adversely affect the users' experience
disrupt, overburden, or assist in disrupting or overloading any of the computers or servers used to offer or support the Services.
attempt to gain unauthorized access to the Services, accounts registered by other users, and computers, servers and networks connected to the Services by any means other than the user interface provided by Rovio, including, but not limited to, bypassing or modifying, attempting to bypass or modify, and encouraging or assisting any person to circumvent or modify any security measures, technology, devices, encryption systems or software that are part of the Services
post any information, content or other material (or any link to such information or content) that contains nudity or excessive violence or is persecutory, intimidating, indecent, defamatory, defamatory or offensive on a racial, sexual or religious basis, or otherwise manner are objectionable
engage in toxic behavior, such as repeatedly posting information regardless of the will of the audience
to stalk, harass, or harm other individuals and groups of people, including Rovio employees, managers, officers and customer service representatives, and to attempt, support or incite to do so
make available through the Services any material that infringes any copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights or other rights of any person or entity, or that claims to be any other person, including, but not limited to, employees, managers and Rovio managers
attempt to decompile, reverse engineer, disassemble or hack any of the Services without proper legal authorization, or break any encryption technology, security measures, or transferred data - processed or stored by Rovio - or obtain any information from the Services by any method not expressly provided. approved by Rovio
induce or attempt to persuade other users of the Services to provide you with login details or any other personal information
obtain, collect or gather any information about other users of the Services, including but not limited to the use of pixel tags, cookies, gifs and similar elements, which are sometimes referred to as spyware
post private data of other people, including data that allows the disclosure of identity / personal data (in text, graphic and film form), identity documents or financial data through the Services
take any action that Rovio deems to be contrary to the spirit and purpose of the Services, or use Rovio's support services improperly.
4.
Third Party Services
The Services may link to third party services (including, but not limited to, advertising displayed by third parties) and / or third party services may be provided through the Services.
These services may include, but are not limited to, gameplay recording and sharing, social media connectivity, and advertising.
These services are subject to the terms and conditions of the relevant third party.
Please refer to these third party terms and conditions as they constitute a contract between you and the service provider to which Rovio is not a party.
5.
Accounts and login details
Some components of the Services may allow you to create an account or register with the Services (Account).
For this purpose, it may be required to provide a password to the Account or the use of other credentials that give access to the Account (Login Data).
You hereby declare that you will not share your Login Information with anyone or allow anyone else to use your Login Information or Account.
Responsibility for keeping the Login Data secret and for any use of it (also for the purpose of making purchases) rests solely with you.
Rovio may assume that any login to your account made with your Login Information was made by you or by someone with your permission.
Rovio reserves the right to delete an Account if it finds no activity related to it for 180 or more consecutive days.
In such event, you may lose access to the Account and / or use of the Virtual Items associated with that Account and you will not receive any compensation.
6.
User Content
The Services may enable you to create content, including, but not limited to, gameplay maps, characters, screenshots, and recordings of your gameplay (collectively, User Content).
In exchange for your ability to use the Services, you hereby grant Rovio a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sublicensable, worldwide right and license to use your User Content in any way and for any purpose, including between Otherwise, the right to reproduce, copy, adapt, modify, execute, display, publish, report, transmit and otherwise communicate to viewers by any existing or future means, and to distribute your User Content without prior notice or compensation of any kind.
Except where expressly permitted by law, you hereby waive all rights to authorship, publication, labeling of a work with your name or pseudonym in relation to the use and use of your User Content by Rovio and other players in connection with the Services and related goods; and services in accordance with applicable law.
This license grant to Rovio and subsequent waiver of rights will survive termination of these Terms.
Rovio, its managers, agents and employees do not accept or consider unsolicited ideas or product proposals of any kind (for example, game or other product ideas, storylines, scripts, graphics, music or audiovisual works, concepts or any other creative material. ), in any format and sent by any means (Unsolicited Content).
Please do not submit Unsolicited Content to Rovio, its managers, agents or employees.
If you nevertheless send us Unsolicited Content, you agree that the content will not be kept confidential, no matter what message you attach to it.
You further accept that such Unsolicited Content may be used and used by Rovio without any compensation to you or any third party, and you grant Rovio a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in full or in part), a worldwide license to use, use, reproduce, transmit, modify, display and display Unsolicited Content in all current and future media for any purpose and to create derivative works based on the Unsolicited Content.
7.
Communication between Users and Services
Rovio is not responsible for the behavior of Users of the Services and shall not be responsible for monitoring the Services for inappropriate content or behavior.
Rovio does not screen or monitor user content or behavior and is not allowed to do so.
You use the Services at your own risk.
By using the Services, you may come across content or behavior that is offensive, indecent or otherwise contrary to your values.
Rovio may use technology to monitor and / or record your interaction with the Services or your conversations (including but not limited to text chat) while using the Services.
You hereby irrevocably consent to the said monitoring and recording.
You further acknowledge that you do not expect privacy with regard to the transmission of any content on the Services, including but not limited to text chat and voice chat.
Rovio reserves the right to review, monitor, restrict, edit, delete, disable access or otherwise prevent access to any content provided by Users of the Services without prior notice, at any time and for any reason or no reason.
If Rovio decides, in its sole discretion, to monitor the Services, it will nevertheless not be responsible for the content provided by users of the Services and assumes no obligation to modify any inappropriate content.
8.
Binding Arbitration / Class Action Waiver
If you are a resident of the United States or make any claim against Rovio in the United States, you hereby accept that any legal claims, disputes or other conflicts between you and Rovio arising out of or in any way related to the Services, including conflicts of application, the enforceability or validity of any of these Terms or the provisions of the Privacy Policy ("Disputes") will be settled by binding, confidential arbitration before an American Arbitration Association (AAA) commercial arbitrator and not in court as described herein.
Arbitration will be governed by the AAA Commercial Arbitration Rules and, if deemed necessary by the conciliator, additional consumer conflict procedures ("Policies and Procedures").
You hereby acknowledge that you voluntarily and knowingly waive your right to a trial and to file a lawsuit in a state or federal court.
The costs of the arbitration will be determined in accordance with the AAA price list, unless you can prove that your share is overstated in relation to the costs of the litigation, in which case Rovio will cover as much of your costs as the conciliator deems necessary so that the costs of the arbitration are not excessive in relation to the costs of the litigation. costs of court proceedings.
Rovio also reserves the right, in its sole and absolute discretion, to assume responsibility for all arbitration costs charged by AAA.
Both parties undertake to pay the costs of their own lawyers, unless existing law obliges the unsuccessful party to pay the costs of the other party's lawyers.
Arbitration may be conducted in Los Angeles, California or, at your request, in the city closest to your location in which AAA has its headquarters.
The conciliation order is final and binding on both you and Rovio and may be made a judgment by any court of competent jurisdiction.
For more information on AAA, the Policies and Procedures, or how to file a request for arbitration, you can call AAA at 800-778-7879 or visit www.adr.org.
Disputes arising from:
Rovio infringes any intellectual property rights in any way
claims related to allegations of theft, piracy, unauthorized use or violation of the United States Computer Fraud and Abuse Act or Section or the "Code of Conduct" section of these Terms, or claims arising therefrom; and
any claims for redress on an equitable basis.
In such cases, both parties agree that a party may request that claims be secured by an injunction or injunction (or equivalent remedies) in any court having jurisdiction with respect to the other party.
In addition, either party may assert their rights in a small claims court with regard to claims within the jurisdiction of such court, rather than seek arbitration.
To the extent permitted by applicable law, any Disputes shall be resolved individually by binding, confidential arbitration.
You hereby expressly accept that no other Disputes may be joined or related to your Dispute, either by class arbitration or otherwise.
You and Rovio hereby agree that no law or institution permits the settlement of Disputes through class action or proceedings whose procedures are applicable to class action, that no law or institution permits a dispute to be resolved by implied authorization or by action by the private prosecutor general and that no arbitration may be joined with another arbitration.
You may opt out of this obligation to arbitrate.
If you do so, neither you nor Rovio may require the other party to participate in any arbitration.
If you wish to opt out of this obligation, you must notify Rovio within 30 days of it becoming applicable to you.
Please send your cancellation notice to the following address: Rovio Entertainment Corporation, ATTN: Legal Department, Keilaranta 7, 02150 Espoo, Finland.
The opt-out must include your full name, address, and a clear statement that you wish to opt out of your obligation to arbitrate.
To initiate arbitration, you must submit a letter to Rovio Entertainment Corporation, ATTN: Legal Department, Keilaranta 7, 02150 Espoo, Finland with the arbitration report and claim description.
Rovio will notify 30 days in advance of any changes to the "Binding Arbitration / Class Action Waiver" section via the Services or similar means.
The changes will come into force on 30.
day and will only apply to any claims that arise after 30.
day.
9.
Suspension and Termination Due to Violation
Without limiting any other remedies at Rovio's disposal, if Rovio deems you to be in breach of these Terms, Rovio may take any of the following actions, individually or in combination, with or without notice: (i) remove, suspend and / or modify your account or its components, (ii) limit, suspend and / or terminate your access to the Services, (iii) modify and / or delete any of your Virtual Items, (iv) reset and / or modify your game progress or the benefits and privileges granted to you, for example, a level or score achieved on the Services.
10.
Availability of services
Rovio may limit, suspend, or discontinue the Services or components thereof and take technical and legal steps to prevent users from accessing the Services if Rovio believes that they create a risk or liability, infringe the intellectual property rights of third parties, or fail to comply with with the letter or spirit of these Terms.
Rovio reserves the right to discontinue offering and / or operating the Services or components thereof (for example, a game or game feature) at any time, which will automatically terminate your license to use such Services or components thereof.
In such event, and unless otherwise provided by applicable law, Rovio does not have to refund the Virtual Items or other items related to these Services.
11.
Disclaimer of Liability
To the fullest extent permitted by applicable law, the Services are provided "AS IS" without warranties, guarantees or safeguards of any kind.
They may have defects and use them at your own risk.
Rovio makes no express, implied or statutory warranty (and accepts no liability in this regard), including the implied warranties of condition, uninterrupted use, data accuracy (including but not limited to location data), merchantability, quality satisfaction, fitness for a particular purpose. , non-infringement of the rights of third parties and (if any) arising from activity, use or trade.
Rovio does not guarantee uninterrupted use of the Services and does not guarantee that the Services will meet your expectations; that the operation of the Services will be uninterrupted or error free, that the Services will be interoperable or compatible with any other services, or that any errors in the Services will be corrected.
No oral or written statements by Rovio, its employees or other representatives shall constitute a guarantee.
Some jurisdictions do not allow exceptions such as the above, so their content may not apply to you.
In such cases, the above exclusion applies to you only to the extent permitted by your jurisdiction.
In addition, you may have additional rights in your jurisdiction and nothing in these Terms shall infringe your statutory rights as a user of the Services.
12.
Limitation of Liability
Rovio shall not be liable for any special, incidental or consequential damages resulting from access to the Services, their use or malfunction, including, but not limited to, material damage, loss of value, damage or malfunction of the device and, to the extent permitted by law, personal injury, damage to property, loss of profit, retaliatory damage for any reason arising out of or in connection with these Terms or the Services, whether caused by act (including negligence), contract, absolute liability or otherwise, and notwithstanding, whether Rovio has been advised of the possibility of such damages.
For the purposes of point 12. "
Limitation of Liability ”Licensors and other Rovio partners are third party beneficiaries of the limitations of liability set forth above and may enforce these Terms against you.
In no event may Rovio's total liability under these Terms, Privacy Policy or Services exceed: (i) the actual price (if any) you paid for the license to use Virtual Items, or (ii) 100 (one hundred) euro (100 €).
Exclusions and limitations of damages are fundamental elements of the basis of the contract between Rovio and you.
Some jurisdictions do not allow some of the liability exclusions set out above, so they may not apply to you.
In such cases, the above exclusions of liability apply to you only to the extent permitted by your jurisdiction.
In addition, you may have additional rights in your jurisdiction and nothing in these Terms shall infringe your statutory rights as a user of the Services.
You hereby agree to indemnify, defend and indemnify Rovio (and its managers, officers, agents, associates, joint venture entities and employees) from any claim, demand, damage or other loss, including any third party's attorneys' reasonable compensation arising out of Your use of the Services or your breach of these Terms.
This does not apply if the third party claim cannot be linked to your willful or negligent behavior.
13.
Proprietary Rights and DMCA
If you believe that the Services or their content infringes your property rights, please notify us at: Rovio Entertainment Corporation, Legal Department, Keilaranta 7, 02150 Espoo, Finland or by email at legal@rovio.com.
Notifications sent to the above address will be sent to the official representative of Rovio for
DMCA.
Please include the following information in your notification:
Identify the copyrighted work that the entry is for.
If your entry covers multiple works, please provide a comprehensive list.
Identify which material is infringing your copyright and describe where it is located.
Your description must be sufficiently comprehensive for Rovio to locate the material.
Please include your full name, postal address, telephone number and, if available, email address.
Include the following statement in your application:
„I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
Remember that pursuant to Act 17 of the Law on
S.
C.
512 (f), if you intentionally falsely testify that the material or activity infringes copyrights, you may be liable for damages, including legal fees incurred by us or users.
If you are unsure whether the material or activity you are reporting infringes copyrights, contact an attorney before submitting your report to Rovio.
14.
Links to Third Party Products and Services.
Rovio may provide links on the Services to external sites and services.
You hereby acknowledge that Rovio makes no warranties and does not endorse the content, goods and services provided by these third parties.
Rovio is not liable to you for any loss or damage caused by these third parties.
You are responsible for any costs incurred in relation to these third parties.
You hereby acknowledge that by providing these third parties with your data, you are providing it in accordance with their privacy policy (if any) and that the Rovio Privacy Policy does not apply to such data.
15.
Changes to these Terms
Notwithstanding the provisions of clause 8. "
Binding Arbitration / Class Action Waiver ”, these Terms may be updated from time to time in response to legal, technical or business changes.
When we update these Terms, we will take reasonable steps to notify you through the Services or as otherwise appropriate to the severity of the changes.
By continuing to access or use the Services after the changes become effective, you agree to be bound by the updated Terms.
16.
Governing Law
If you are a US resident, except clause 8. "
Binding Arbitration / Class Action Waiver ”above, these Terms are governed by the laws of the State of California and applicable federal law without regard to conflict of laws provisions.
If you are not a resident of the United States, you accept that any dispute between you and Rovio will be governed by the laws of Finland, notwithstanding its conflict of laws provisions.
You accept that any claims and disputes you bring against Rovio will be settled exclusively by a court in the city of Espoo, located in Finland.
If the jurisdiction of your place of residence prohibits Rovio from imposing applicable law, nothing in these Terms shall limit your rights under the laws of your place of residence.
17.
Transfer, severability and the entire contract
Rovio may transfer these Terms, in whole or in part, to any person or entity at any time with or without your consent.
As a User, you may not transfer or delegate any rights or obligations under these Terms or the Privacy Policy without Rovio's prior written consent, and any unauthorized transfer or delegation is void.
If any of these Terms is found invalid or unenforceable, that condition will be limited or removed to the minimum extent necessary, and the remaining Terms will remain in full force and effect.
Rovio's failure to enforce any right or provision in these Terms shall not constitute a waiver of its right to exercise.
These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and Rovio regarding the Services and supersede any prior agreements and arrangements between you and Rovio.
Rovio's failure to exercise or enforce any of its rights under these Terms shall not invalidate Rovio's right to exercise those rights.
A waiver of such rights may only be in writing and must be signed by an authorized representative of Rovio.
If you have any questions about these Terms, please contact us at support@rovio.com.