These terms of service (“TOS”) apply to you and Rovio Entertainment Limited, address Keilaranta 7, 02150 Espoo, Finland, (“Rovio”) regarding your use of Rovio´s games, websites, discussion forums, and related services (“Services“). Use of the Services is also governed by Rovio’s Privacy Notice (available at https://www.rovio.com/privacy) and other relevant policies, which are incorporated by reference.
For residents of the United States and Canada, these TOS contain a binding arbitration clause in Section “Binding Arbitration / Class Action Waiver” and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States or Canada, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section “Binding Arbitration / Class Waiver”, you and Rovio agree that any disputes arising out of or relating to these TOS or Rovio’s Privacy Notice (including their interpretation, formation, performance and breach), our relationship with each other, or your use of the Services, including for any ripe or accrued claims for which a Notice of Dispute has not yet been received, will be resolved by binding, individual arbitration as described further in Section “Binding Arbitration / Class Action Waiver”, and you waive your right to participate in any class-action lawsuit or class or representative arbitration.
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are of the age of majority in your country of residence. If you are under the age of majority or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.
By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services, and must cease any such use immediately.
Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.
If you access the Services from a third-party platform such as Facebook or another social networking site, you agree to comply with the platform’s terms of service as well as these TOS.
Rovio may issue additional terms or policies related 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 policies as well as these TOS.
Subject to these TOS, Rovio hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as set forth above, you do not receive any other license. Rovio retains all right, title and interest in and to 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, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Rovio’s prior written consent. 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 in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in the Services or purchased from Rovio or its authorized partners.
Rovio may license to you certain virtual goods or other content (e.g. in-game items or currency) which may be used within the Services and which you may purchase with “real world” money or earn or redeem through gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.
Unless expressly authorized in the Services, you may only purchase Virtual Items from Rovio or its authorized partner and the transfer or sale of Virtual Items is prohibited.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither Rovio nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Rovio is not liable for hacking or loss of your Virtual Items.
Price and availability of 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 consent that Virtual Items are provided to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the process has commenced. Accordingly, you agree that Rovio is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary. The foregoing does not affect your rights under applicable law, including those you may have based on the legal guarantee of conformity described in Section “Disclaimer”.
If you ask for your personal data to be deleted as described in Rovio’s Privacy Notice, you will permanently forfeit all of your Virtual Items without the right to refund, as Rovio will no longer be able associate such Virtual Items with you.
If you are a consumer based in the European Union or 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 agreed to them. You may also have the right to withdraw from the purchase of a license to a Virtual Item or a Service within 14 days from purchase. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if you have consented to the Virtual Item or Service being fully provided to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.
To withdraw from these TOS, you must inform Rovio of your decision to withdraw and discontinue your use of the Services. To withdraw from the purchase of a license to a Virtual Item or a Service, you must inform the merchant of record, which may be either Rovio or its authorized partner through whom you made the purchase. Please note that Rovio is neither able nor required to fulfill your request to withdraw from a purchase where Rovio is not the merchant of record.
To inform Rovio of your decision to withdraw, you must send an equivocal statement of your decision by email to support@rovio.com. You may use the attached model withdrawal form but are not required to do so. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from the purchase of a license to a Virtual Item or a Service, you are entitled to be reimbursed for the purchase without undue delay and in any event not later than 14 days from the day on which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment as you used for the initial payment, unless you have agreed otherwise. You will not incur any fees as a result of such reimbursement.
You agree that you will not, under any circumstances:
Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information“).
You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. Rovio is entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate Rovio for any losses or harm that result from your failure to keep your Login Information confidential.
You agree that you have no ownership or property interest in or to any Account. Rovio reserves the right to delete your Account if Rovio observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
The Services may allow you to create and/or submit content, including, but not limited to, gameplay maps, game profiles, fan art, characters, items, screenshots or videos of your gameplay (collectively “User Contributions”).
In exchange for use of the Services, you hereby grant Rovio a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Rovio’s (including its licensees, successors, and assigns) and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services. The foregoing grant of license to Rovio and waiver of any applicable moral rights survives any termination of these TOS.
Rovio and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Rovio or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of any statement to the contrary in the Unsolicited Content, any accompanying message, or elsewhere. You further agree that such Unsolicited Content may be used and exploited by Rovio without compensation to you or any third party and you grant Rovio a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
Rovio assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct. Rovio does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. Rovio may utilize technology to monitor and/or record your interactions with the Services or communications within the Services (including, but not limited to, chat text or voice communications). You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications. You understand that your User Contributions, communications within the Services, and/or your interactions with the Services may be displayed to or viewable by other users of the Services or the general public.
Rovio reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any content made available by users of the Service without notice. Rovio may choose to take such action to prevent hacking or cheating, to ensure compliance with and to enforce these TOS, to improve the Services, or for any other reason or for no reason. In doing so, Rovio may employ automated technologies or systems, including, but not limited to, machine learning or artificial intelligence-based solutions, for example to detect and prevent the submission or distribution of words, images, or other content that violate these TOS or applicable law. If at any time Rovio chooses, at its sole discretion, to monitor the Services, Rovio nonetheless assumes no responsibility for content made available by users of the Services, and Rovio assumes no obligation to modify or remove any inappropriate content, except as may be required by applicable law.
The Services may allow you to control interactions with other users, for example by opting in to or out of social features, “muting” or “blocking” other users, or reporting the content or conduct of other users. Such settings and tools may vary across the Services. For example, reporting functionality may be made available either in-game or via a website.
You acknowledge that Rovio is not a party to any dispute you may have with any other user(s) of the Services. Rovio has no obligation to become involved in any such dispute. You release Rovio and its subsidiaries (and Rovio’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.
This Section applies to you if reside in or use the Services in the United States or Canada.
Binding Arbitration: You and Rovio (each a “party” for purposes of this Section, and collectively “the parties”) agree that all claims arising out of or relating to these TOS or Rovio’s Privacy Notice (including their interpretation, formation, performance and breach), our relationship with each other, or your use of the Services shall be finally settled solely by binding arbitration unless the claim is within the exceptions described below. THIS AGREEMENT MEANS THAT YOU AND ROVIO AGREE TO NOT HAVE SUCH CLAIMS RESOLVED IN A TRIAL BY A JUDGE OR JURY. This agreement applies to all kinds of claims, including legal, equitable, or statutory claims, under any legal theory, including for any ripe or accrued claims for which a Notice of Dispute has not yet been received. This agreement also applies even after you stop using the Services. If you or Rovio brings a claim in court that is subject to arbitration under this section, either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator (or preliminarily, the arbitration provider), and not a court, shall have the exclusive authority to decide whether any portion of this section is valid or enforceable, or whether it applies to a claim.
Initial Dispute Resolution: Before you commence arbitration of a claim against Rovio, you must provide Rovio with a written Notice of Dispute that includes your name, residence address, username, email address, phone number, a detailed description of the dispute, including the specific facts and evidence supporting your claims, proof of agreement between you and Rovio (e.g. the username(s) or identifier(s) you use to access or use the Services and/or other proof of having an account within the Services), and the relief you seek, including how you calculated your damages. Any Notice of Dispute you send to Rovio should be emailed to legal@rovio.com with the subject line “Notice of Dispute.” Before Rovio commences arbitration of a claim against you, it will send you a Notice of Dispute by email or mail, or other appropriate means only if it cannot identify your email or mail, including a detailed description of the dispute, including the specific facts and evidence supporting our claims, proof of agreement between Rovio and you, and the relief we seek, including how we calculated our damages. The statute of limitations is tolled from the date of the submission of a compliant Notice of Dispute, which shall ultimately be determined by the arbitrator (or preliminarily by the arbitration provider, if applicable). During the first sixty (60) days after the Notice of Dispute is received (the “Initial Dispute Resolution Period”), the party receiving the Notice of Dispute may require the party sending the Notice of Dispute to participate in an individual meet-and-confer to discuss the dispute. Each side may have counsel attend, if desired. If the receiving party requires a meet-and-confer, the parties shall work in good faith to schedule the meet-and-confer to take place during the Initial Dispute Resolution Period. If we are unable to resolve a dispute within the Initial Dispute Resolution Period, you or Rovio may commence arbitration. A Notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Rovio later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant Notice of Dispute, you and Rovio agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) may not administer the arbitration or pre-arbitration process, and must suspend the arbitration or any pre-arbitration process, until the party that initiated it complies with the Initial Dispute Resolution process. Thus, to start an arbitration, you and Rovio must also attach a compliant Notice of Dispute to your or Rovio’s submission to the arbitration provider. You and Rovio authorise the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution requirement, relying solely on the terms of these TOS and the Notice of Dispute (if any) that you or Rovio provided before commencing arbitration.
Arbitration Process: An arbitration proceeding shall be held before a neutral arbitrator and not a judge or a jury, so you and Rovio agree to give up the right to a trial before a judge or jury. An arbitration proceeding has different rules than a lawsuit in a court. For example, arbitration is less formal and usually provides for more limited information sharing between the parties in the process called discovery. After the arbitrator decides the outcome, that decision will be final and you or Rovio will generally not be able to change the outcome in a court.
This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in these TOS. No other state or local arbitration act shall apply, but only the FAA. For any questions that must be answered by state law, rather than the FAA, New York law applies.
You and Rovio agree that the arbitration will be administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules (“JAMS Rules”), as appropriate, excluding any rules or procedures governing or permitting class actions. But if there is a conflict between these TOS and the JAMS Rules, then we will follow these TOS. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules, but shall not incorporate the JAMS Class Action Procedures. The parties understand that, in some instances, the costs of arbitration could exceed the costs of litigation. Each party will pay its own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs under the relevant state or federal law, or if the claims are determined to have been frivolous or filed for an improper purpose, in which case the arbitrator may award them under the applicable law. At any time, the arbitrator or arbitration provider may hear a motion that claims were filed frivolously or for an improper purpose, and if the arbitrator or arbitration provider agrees, terminate the proceeding and/or sanction the party that brought the claim frivolously or for an improper purpose by awarding the prevailing party its attorney’s fees and costs. Such sanctions, including the award of attorney’s fees and costs, may also be imposed on a party’s counsel, if the arbitration provider or arbitrator determines that the party’s counsel was partly or fully responsible for the frivolous or improper conduct. Each submission to the arbitrator or arbitration provider by a represented party is subject to the certifications of Federal Rule of Civil Procedure 11.
If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorney’s fees associated with the challenge. If JAMS is not available to resolve the arbitration, the arbitration will be administered by AAA using its Consumer Arbitration Rules. In the case of Mass Arbitration, defined below, the Mass Arbitration will be governed according to the terms set forth under the heading “Mass Arbitration.”
Location: The arbitration will take place in New York County, New York or in the county or province where you reside. You and Rovio agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in connection with any motion to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that any arbitration or court proceeding shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. As a result:
Exceptions to Agreement to Arbitrate: We agree that we each will still have the right to go to court to resolve the following claims:
Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction subject to the venue requirements described in Section “Governing Law.”
Mass Arbitration: If 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and Rovio agree that this will constitute a “Mass Arbitration”. If a Mass Arbitration is commenced, you and Rovio agree that it will be administered by the JAMS Mass Arbitration Procedures and Guidelines (the “JAMS Mass Arbitration Rules”), as modified herein, and under the rules set forth in these TOS. If there is a conflict between these TOS and the JAMS Mass Arbitration Rules, then the parties will follow these TOS. The JAMS Mass Arbitration Rules are available at http://www.jamsadr.com or by calling 1-800-352-5267. You and Rovio agree that all demands part of the same Mass Arbitration will be consolidated into a single group and that a single arbitrator, chosen according to applicable JAMS rules, with fees assessed to each side according to the JAMS Mass Arbitration Procedures Fee Schedule, will decide (i) any dispositive motions, (ii) all common issues of fact or law, and (iii) any common damages issues. If any claims or issues are unresolved after adjudication by the single arbitrator, the parties shall engage in mediation, the fees for which shall be equally born by both sides, to attempt in good faith to settle the remaining demands. If settlement is not reached, the remaining demands shall be batched together in groups of 100, or groups of 10 if the total number of demands is less than 200, and each group shall be resolved by a single arbitrator chosen according to applicable JAMS Mass Arbitration Rules. During the batching phase, you and Rovio agree that any procedures not provided for by this Agreement and the JAMS Mass Arbitration Rules will be decided according to JAMS Streamlined Arbitration Rules & Procedures, which are available at http://www.jamsadr.com or by calling 1-800-352-5267. If, for any reason, JAMS is either not available or refuses to resolve the Mass Arbitration, the Mass Arbitration will be administered by FedArb using its Framework for Mass Arbitration Proceedings ADR-MDL.
If any court or arbitrator determines that this Mass Arbitration clause is void or unenforceable for any reason as to a claim, then this Section shall be deemed null and void in its entirety as to that claim, notwithstanding any non-severability clause to the contrary, and the parties shall be deemed to have not agreed to arbitrate disputes concerning that claim, but to the maximum extent allowed by law, shall still be required to bring their claims in court on an individual, and not a class or representative basis, and shall be required to submit their claims to a judge, rather than a jury. Any other claims still shall be subject arbitration pursuant to this Section.
30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt-out to the following address: Rovio Entertainment Limited, Attn.: Legal Department, Keilaranta 7, 02150 Espoo, Finland. The notice must include the following information:
The notice must be sent within 30 days of the date on which you first access or use the Services and agree to these terms; otherwise, you shall be bound to arbitrate disputes in accordance with this Section. If you opt-out of these arbitration provisions, Rovio also will not be bound by them.
Without limiting any other remedies available to Rovio, if Rovio believes that you are in breach of these TOS, Rovio reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend, and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
Rovio does not guarantee that the Services are available at all times or will continue to be available in the future. The Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, Rovio reserves the right to stop offering and/or supporting the Services or parts thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Rovio does not have to provide refunds for the Services or any Virtual Items. Where appropriate, Rovio will take reasonable measures to provide advance notice when any Services or parts thereof are discontinued. However, Rovio may limit, suspend or terminate the Services or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Services, if Rovio believes you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these TOS.
The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Services are compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).
The Services are intended to evolve over time. Accordingly, Rovio may change, manage, modify, or update the Services or parts thereof (including, but not limited to, Virtual Items) from time to time. This may result in content or features being added, removed, or modified (e.g. gameplay modes or areas being added or removed or Virtual Items having their appearance or power altered). Rovio may, at its sole discretion, make any such changes as it believes to be necessary to maintain and improve the Services, including, but not limited to, introducing, modifying, or removing game content and features according to Rovio’s development roadmap, adapting to new technologies, reflecting changes to Rovio’s agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Services or parts thereof (e.g. online play and features may only be available to those who are using the latest version of a game).
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances, or guarantees of any kind. The Services may have defects, and your use is solely at your risk. Rovio does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Rovio does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Rovio, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which Rovio may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the Services (such as the supply of a Virtual Item); or (ii) at any time during any continuous supply of the Services.
In no event will Rovio be liable for special, incidental, or consequential damages resulting from access, use or malfunction of the Services, including, but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Rovio has been advised 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 Notice, or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items or Services; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Rovio and you. For purposes of this Section “Limitations of Liability,” Rovio’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
You agree to indemnify, defend and hold Rovio and its subsidiaries (and Rovio’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
If you believe the Services or any of its content infringes your copyrights, please send a notice to: Rovio Entertainment Limited, Legal Department, Keilaranta 7, 02150 Espoo, Finland or alternatively via email to: legal@rovio.com. Notices sent to the specified address will reach Rovio’s registered DMCA agent.
Please include all of the following in your DMCA notice:
Include the following statement in the body of the DMCA notice:
“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.”
Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by Rovio or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Rovio.
The Services may link to or otherwise make available third-party products or services, including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services. These products and services are subject to the respective third party’s terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which Rovio is not a party. You understand that Rovio neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. Rovio is not liable to you for any losses or harm caused by such third parties or any charges you incur in relation to such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand Rovio’s Privacy Notice does not apply to such data.
Notwithstanding Section “Binding Arbitration / Class Waiver,” Rovio may update these TOS from time to time in response to changing legal, technical or business developments. When Rovio updates these TOS, Rovio will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes made.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
By accessing or using the Services, you also understand that Rovio may need to update the Section “Binding Arbitration / Class Waiver” from time to time. You and Rovio agree that those updates will apply to claims, including ripe or accrued claims, for which a Notice of Dispute has not yet been received, to ensure uniformity of the dispute resolution process.
If you are a United States resident, in addition to Section “Binding Arbitration / Class Waiver,” these TOS are governed by the laws of the State of New York and applicable federal laws regardless of conflict of law provisions.
If you are a resident outside the United States, you agree that all disputes between you and Rovio shall be governed by the laws of Finland, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Rovio must be resolved exclusively by a court located in Espoo, Finland. If you are a consumer based in the EEA, you may also make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. Please note that Rovio may not be required to accept the use of this or other alternative dispute resolution platforms.
If the jurisdiction of your domicile prohibits Rovio from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
Entire Agreement. These TOS set out the entire agreement between you and Rovio regarding the Services and supersede all earlier agreements and understandings between you and Rovio.
Assignment. 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 reduce 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 by you is void.
Severability. If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, unless otherwise specified in these TOS, and the remaining provisions of these TOS will remain in full force and effect. Rovio’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
No Waiver. Any failure by Rovio to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of Rovio.
Contact Information. If you have any questions about these TOS, please contact support@rovio.com.
In addition to the terms set forth above, the following terms apply if you access the Services through the App Store operated by Apple Inc. (“Apple”).
You acknowledge and agree that these TOS are concluded between you and Rovio, not with Apple, and that Rovio, not Apple, is responsible for the Services and their content. The license granted to you under these TOS is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third-party terms of agreement therein.You must comply with any third-party terms and conditions that apply to your use of the Services.
Rovio, not Apple, is responsible to you for: (i) providing any relevant maintenance or support for the Services in accordance with these TOS; and (ii) addressing any claims you may have regarding the Services, including product liability claims, any claim that the Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar laws. If the Services fail to conform to the warranties or other conditions set forth in these TOS or applicable law, you may notify Apple, after which Apple may refund the purchase price (if any) for the relevant Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services.
In the event of any third-party claim that the Services or your possession and use of the Services infringes a third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries to these TOS. Upon your acceptance of these TOS, you agree that Apple has the right to enforce these TOS against you as a third-party beneficiary.
If you use the Services in Japan, the below additional terms will apply. In the event of contradiction or conflict between the below additional terms and these TOS, the below additional terms will prevail.
Prepaid Payment Instruments:
Regarding content that is displayed as a prepaid payment instrument on the page titled “Notice under the Payment Services Act”, within the Services, such content is in-game content issued by Sega Corporation that, as consideration for cash or cash equivalents outside the online game, constitutes a prepaid payment instrument for its own business as set forth in Article 3(4) of the Payment Services Act (Act No. 59 of 2009) (“Primary Content”) and is treated as a prepaid payment instrument. Content in the Services that is not Primary Content but can be acquired by using Primary Content is deemed to have been provided upon acquisition, and you agree that such content does not constitute a prepaid payment instrument.