Terms of Service
Habbo - Terms of Service
Version: 13.6.2024
1. General
1.1. The terms of this agreement and the applicable Habbo policies, including but not limited to Habbo Way ("Terms of Service" or "Terms") govern the relationship between you and Sulake Oy (hereinafter "Sulake", "us", "our" or "we") regarding your use of Habbo Hotel located at www.habbo.com or our other sites or services that apply these Terms (the "Service(s)"), whether accessed by computer, mobile phone or other device (each, a "Device"). The applicable Habbo policies are hereafter referred to as "Applicable Policies".
1.2. BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE .IF YOU DO NOT AGREE, YOU DO NOT HAVE PERMISSION TO INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. ANY EXPRESS OR IMPLIED PERMISSION TO USE THE SERVICE IS VOID WHERE PROHIBITED.
1.3. Information about how we collect and/or process your personal data is provided in our Privacy Notice
1.4. You acknowledge and agree that we may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service.
1.5. Some of our Services may be made available subject to certain additional or different terms and/or conditions that apply to them (in each such instance, and collectively, "Additional Terms"), which in such event will supplement these Terms.
1.6. Before accessing or using the Service, you must register an account on the Service (an "Account").
1.7. By registering an Account or otherwise using the Service, you represent that you are 18 years or older.
1.8. The Service may exist on, or stand in connection with, a number of third-party platforms (e.g., Facebook). Please be aware that your activities on these platforms may be subject to the terms of service of those platforms and/or your personal data may be processed by those third parties, and we are not responsible for these thirdparty platforms, any information on them or processing of personal data by those third parties.
2. LICENSE
2.1. The Service contains a variety of: (i) materials and other items relating to Sulake and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, communications, interactive features, the "look and feel" of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Sulake (collectively, "Trademarks"); and (iii) other forms of intellectual property, all of the foregoing - (i) through (iii) - collectively "Content". Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Sulake or its licensors. All Content is copyrighted under copyright laws and/or similar laws protecting it from unauthorized use. The Trademarks, including but not limited to Sulake, its logos, and Habbo and its logos, may not be used without Sulake's express written permission. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of these Terms or any Additional Terms.
2.2. Subject to your strict compliance with these Terms, Sulake grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use the Service, and to enable display and functionality of the Service) on a Device for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Service explicitly for you for use as part of your User-Generated Content (defined in Section 4.1) ( together referred to as "Sulake Licensed Elements"), but only for such purposes as may be explicitly stated at the time that the Sulake Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Sulake Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated without our liability in case of breach of this Terms of Services and / or not compliance with the Applicable Policies.
2.3. In some instances, we may permit you to have greater access to and use of Content and/or Sulake Licensed Elements, subject to Additional Terms.
3. IN-GAME CURRENCIES AND GOODS
3.1. The Service may include virtual, in-game currency ("Virtual Currency"), such as credits, coins, cash, or points (e.g. Habbo coins and diamonds), that may be purchased with "real world" money or obtained through interactions with a third-party service. Virtual Currency may be used to purchase virtual, in-game digital items ("Virtual Goods"). Your purchase or award of Virtual Currency and Virtual Goods are merely a grant by us to a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use the Virtual Currency and Virtual Goods as part of the Service under these Terms and any applicable Additional Terms we provide at the time. Accordingly, you have no other interest, including no property, proprietary, intellectual property, ownership, or monetary interest, in your Virtual Currency and Virtual Goods, which remain our Content and property.
3.2. Virtual Currency or Virtual Goods cannot be redeemed by you for "real world" money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods by you outside of what we permit on the Service are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value outside of the Service.
3.3. By purchasing Virtual Currency or Virtual Goods you also expressly consent that such Virtual Currency or Virtual Goods will be directly provided to you and performance by Sulake of its corresponding obligations has begun. You acknowledge that therefore all sales of Virtual Currency and Virtual Goods are final (i.e. you lose your right of withdrawal) and no refunds will be provided by Sulake, unless otherwise detailed in the applicable Additional Terms.
3.4. Sulake has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods, and Sulake shall have no liability to you or anyone for the exercise of such rights.
4. CONTENT CREATED BY YOU, USER-GENERATED CONTENT
4.1. It is possible for you to contribute to the Service through the submission of Content that you create or to otherwise contribute to the creation of user-generated content ("User-Generated Content"). User-Generated Content, includes without limitation, various kinds of content that are submitted by users (for example, wall posts, messages, reviews and actions with others users), as well as any feedback, comments, or suggestions that users provide to us regarding the Service.
4.2. You will retain whatever ownership you may have in your User-Generated Content, but you hereby irrevocably grant to Sulake a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User-Generated Content, or any portion thereof, you submit to the Service or otherwise to Sulake, by any and all means, and in all forms of media, now known or hereafter developed, and to advertise, market and promote the same.
4.3. You represent that all User-Generated Content that you submit to the Service and your contributions to User-Generated Content are wholly original to you and you exclusively own the rights to such User-Generated Content or contributions, and/or you have all necessary authority to grant all of the rights and licenses to Sulake under these Terms and/or any applicable Additional Terms, and that Sulake and its licensees may exercise those rights without Sulake or its licensees or successors incurring any third-party obligations or liability.
4.4. We reserve the right to control and operate our Service in accordance with the Terms and the applicable regulations. In connection with doing so, we may monitor User-Generated Content and your activities in connection with the Service, via automated monitoring system and human moderation but cannot monitor or prescreen all of the User-Generated Content.
4.5. We have the right, but not the obligation, to edit, refuse to post,or remove any User-Generated Content posted on the Service that we believe contains any illegal activity/content or violates these Terms and any applicable Additional Terms, or the spirit of these Terms, or any applicable Additional Terms.
4.6. If you encounter something that you believe that it contains illegal content and/ or violation of the Terms, you can bring it to our attention by contacting us here. We will send you a confirmation of receipt of notice that your request has been received. We will inform you as soon as possible about the action we will take in response to your notice.
4.7. It is your obligation to ensure that the User-Generated Content you generate and share within the Service complies with the relevant laws and regulations. We do not assume any responsibility or liability for User-Generated Content that is generated by users of the Service. You bear the entire risk of the completeness, accuracy or usefulness of any User-Generated Content found in connection with the Service.
4.8. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Sulake reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Sulake to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Sulake access to any password-protected portions of your Account This cooperation obligation also applies if Sulake would review activities of You or another user on its own initiative.
5. ACCOUNTS
5.1. Username and Password. During the Account creation process, you will be required to select a password ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Sulake and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
5.2. Sulake reserves the right to terminate or suspend your Account and to remove or reclaim any usernames at any time in accordance with these Terms of Service, legal regulations, and other Sulake Policies , including but not limited to claims by a third party that a username violates the third party's rights. Sulake shall have no liability to you for the exercise of such rights.
6. SUSPENSION
6.1. Sulake may suspend Your use of Service immediately or with a prior warning if We believe that You are violating any obligations set in this Terms of Service, relevant legal legislation, any other Sulake policies or after confirming that you are violating your legal obligations set under relevant legislations upon receiving a complaint about You. You may find detailed information on Sulakes Suspension Policy here[Link].
7. USE OF THE SERVICE
7.1. You shall not use our Content off of our Service, except as we may allow use of Sulake Licensed Elements for certain fan site use approved by us in writing. We do not approve, and you may not create or use "retro" or substitute sites or services that offer game play with our Content off of our Service.
7.2. Sulake reserves the right to limit your access to our Services permanently in accordance with the Terms, including the Applicable Policies. You may find further information on our ban and suspension policy in the sections 6,7 and 10 of this Term and here
7.3. In addition, in your use of the Service you must follow our rules and Applicable Policies, and the spirit of them, including The Habbo Way and without limitation:
(i) No Young Children and Parents Responsible for Minors: You shall not create an Account or access the Service if you are under the age of 18 and shall not permit access to children under the age of 18. If you are 18 years or older, but under the age of majority (not yet legally an adult), your parent or legal guardian must approve and take responsibility for your Account, including for any use of a credit card or other payment instrument (e.g. Paypal) by minors. Only those over the age of 18 may purchase Virtual Goods or engage in other real-money transactions through the Service.
(ii) No false information: You shall not create an Account using a false identity or information, or on behalf of someone other than yourself.
(iii) You shall not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or forge headers or otherwise manipulate identifiers to disguise the origin of any material transmitted through the Service.
(iv) No access after removal or ban: You shall not use the Service if you have previously been permanently removed or banned from the Service, unless the removal or ban is lifted by Sulake which is to be determined in its sole discretion
(v) No use of others' content without proper permission: You shall not use any User-Generated Content or other content that belongs to other people and pass it off as your own or otherwise use such content without the appropriate rights and permissions; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission and the appropriate rights to submit such User-Generated Content to Sulake in accordance with Section 4 of these Terms.
(vi) No political use: You shall use your Account and the Service only for non-political purposes.
(vii) Limited commercial use: Except if and to the extent that commercial use is permitted by us in Additional Terms, you shall use your Account and the Service only for non-commercial purposes. You shall not use the Service or any features on the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail, surveys, contests, pyramid schemes, or repetitive messages to anyone; to distribute unsolicited e-mail to others for commercial use or otherwise; or harvest or otherwise collect personal information about other individuals, including e-mail addresses or screen names for the purpose of sending unsolicited e-mails or for exchange. Unless otherwise detailed in the applicable Additional Terms, you shall not advertise or offer to sell or buy any goods or services for any commercial or business purpose. You shall not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of visitors to the Service or other visitor or usage information or any portion thereof.
(viii) No harassment, defamation, profanity, breach of confidentiality, privacy or infringement of rights: You shall not publish, post, upload, distribute or disseminate any material or information on the Service which: (i) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful (including but not limited to pornography, depiction of acts of violence and sexual acts, and material and information which may perpetuate hatred against any person or group or having the likely effect of causing harm or offence); (ii) is a false statement about a person or their property or business which is actuated by malice and may cause financial harm to that person; (iii) is misleading or deceptive; (iv) is a breach of confidence or an invasion of a person's right to privacy; (v) may cause us to breach, or be involved in a breach of law, a code or an instrument which governs our conduct; or (vi) otherwise infringes any person's rights, including without limitation their intellectual property rights, e.g., copyright or trademark rights (or rights of privacy or publicity).
(ix) No Gambling or Game of Chance: The games and activities offered within the Service are designed solely for entertainment purposes and do not constitute any kind of gambling. You cannot win any items of monetary value through participation in any of the in-game Content or activities available within the Service. There are no elements of chance or luck that can influence the outcome of any game in a manner consistent with gambling or gaming regulations. All results are based on skill and predetermined game mechanics. By using the Service, You acknowledge and agree that it is not a gambling platform and that no gambling activities are available or facilitated through our services. Additionally, by accepting these Terms and any other applicable terms, You hereby accept that Sulake will not allow any Gambling or Game of Luck elements inside the Service. Users who are identified by Sulake as engaging in such Gambling, Game of Luck or other related activities that may create monetary value with other Users and/or content may be permanently or temporarily restricted from accessing the Service in accordance with the relevant provisions of these Terms and/or notified by Sulake to the necessary authorities in accordance with the relevant Gambling Regulations.
(x) No harm, damage or interference: You shall not upload files that contain, or otherwise intentionally release or disseminate, viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may interfere with or damage Sulake, the Service, its Content or the operation of another user's Device or property. You shall not download any file posted by another visitor of a home page, chat room or message board that you know, or reasonably should know, cannot be legally distributed. You shall not restrict or inhibit any other user from using and enjoying the home pages, chat room and message boards; or violate any code of conduct or other guidelines which may be displayed on the Service for any particular feature or service.
(xi) No law violations or conspiracy: You shall not violate, encourage or conspire with others to violate, any laws or regulations or the legal rights of another individual, on the Service.You must comply with all applicable export and sanction laws and regulations ("Trade Controls") and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S., UK and EU , or any country upon Sulake's sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or UK, or by the jurisdictions in which the Services were obtained.
(xii) No refusal to cooperate: You shall not refuse to follow the instructions of any personnel of Sulake or a Sulake affiliate.
- Sulake reserves the right to determine what conduct it considers to be in violation of the rules of use of the Service or is otherwise outside the intent or spirit of these Terms, any applicable Additional Terms, or the Service itself. Sulake reserves the right to take any action as a result, which may include terminating or suspending your Account and prohibiting you from using the Service. Sulake shall have no liability to you or anyone for the exercise of such rights.
8. THIRD PARTIES
8.1. The Service may also contain links, as part of third-party ads or content on the Service or otherwise, to or from third-party websites, applications or services ("Third-Party Links"), including websites, applications or services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Sulake, e.g., integrations in the Service, or via links to sites outside of the Service that are operated by third parties. Sulake may have no control over the content, operations, policies, terms, or other elements of Third-Party Links, and Sulake does not assume any obligation to review any Third-Party Links. Sulake does not endorse, approve, or sponsor any Third-Party Links, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Sulake is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Sulake will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights or otherwise, arising out of or related to Third-Party Links or their products or services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Links. The Third-Party Links may send cookies or solicit personal information from you, and as we have no control over these Third-Party Links you agree that we have no responsibility for their actions and you should review their privacy policies. Sulake disclaims all liability in connection therewith.
8.2. Further, where part of the Service contains advertising, content and other material submitted to us by third parties, please note that those third parties are responsible for ensuring that material submitted for inclusion on the Service complies with all legal and regulatory requirements. Sulake disclaims all liability in connection with such advertising or other third-party content or material.
8.3. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Links or third-party advertisements or content made available on or through our Service) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Sulake disclaims all liability in connection therewith.
8.4. Within the Service, Sulake has the right to offer different personalized campaigns and Recommender Systems according to the different specifications of the users. In order to avoid confusion, these campaigns are only related to the features available in the Service and are created in compliance with the Privacy Policy and other relevant legislation in accordance with the Users' data. For example, Sulake has the right to organise different marketing campaigns according to the Users' account creation date or their activity status within the Service. For more information about Recommender Systems [LINK].
9. UPDATES AND MODIFICATIONS TO THE SERVICE
9.1. You understand that the Service is an evolving one. Sulake may require that you accept updates to the Service and to the third-party software you have installed on your Device. You acknowledge and agree that Sulake may update and modify the Service, in which case we will notify you. You may need to update third-party software from time to time in order to continue to use the Service.
10. TERMINATION; SURVIVAL
10.1. WE MAY TERMINATE YOUR LICENSE TO THE SERVICE OR OTHERWISE SUSPEND YOUR ACCOUNT IN ACCORDANCE WITH THE THESE TERMS AND/ OR BAN AND SUSPENTION POLICIES IN HABBO WAY IF: (A) YOU ARE NOT COMPLIANT AND/OR IN BREACH WITH THESE TERMS OR ANY APPLICABLE ADDITIONAL TERMS OR APPLICABLE POLICIES INCLUDING THE HABBO WAY; (B) YOU HAVE NOT ACCESSED YOUR ACCOUNT FOR 180 DAYS; © IF THE SERVICE IS GOING TO BE SHUT DOWN; OR (D) ILLEGAL CONTENT:
IN THE EVENT OF SUSPENSION YOUR ACCOUNT WILL BE TEMPORARLY
BANNED FOR USING AND YOU WILL TEMPORARLY HAVE NO ACCESS TO THE
SERVICES. IN THE EVENT OF TERMINATION YOUR ACCOUNT WILL BE
PERMANENTLY BANNED FOR USING AND YOUR ACCOUNT AND YOUR LICENSE
TO USE THE SERVICE OR A PART THEREOF WILL BE AUTOMATICALLY
TERMINATED INCLUDING ANY CONTENT YOU OR OTHERS SUBMITTED. IN THE
EVENT OF SUSPENSION OR TERMINATION PURSUANT TO (A), (B), OR
(D), SULAKE SHALL NOT BE REQUIRED TO PROVIDE REFUNDS, BENEFITS OR OTHER COMPENSATION TO USERS IN CONNECTION
WITH SUCH DISCONTINUED SERVICES. IN THE EVENT OF TERMINATION
PERSUANT TO (C) For users with Habbo Club, or other pre-paid
subscriptions, subscriptions that expire later than the date on
which the Service will be fully closed (or the date Habbo Club
or other subscriptions will lose their features), will be able
to submit a refund request.
10.2. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE SERVICE AND ANY CONTENT (INCLUDING USER GENERATED CONTENT), DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS (INCLUDING THE HABBO WAY) OR ANY APPLICABLE ADDITIONAL TERMS.
10.3. You have six months following the suspension or termination decision referred to in this paragraph 10 to contact us about an appeal. After six months our Customer Service will no longer be able to assist you.
10.4. You may terminate your access to the Service at any time for any reason without penalty by contacting here, at which point you will no longer be permitted to use the Service. In this case, we will not refund you the fees (or any part of them) that we have already charged you.
10.5. Upon suspension or termination of your access to the Service, or upon notice thereof, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Sulake in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and legal forum.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
11.1. DISCLAIMER OF WARRANTIES. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SULAKE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO: THE SERVICE AND ITS FUNCTIONS, FEATURES, AND ELEMENTS; ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED AT OR LINKED THROUGH THE SERVICE; THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR USER-GENERATED CONTENT TO OR VIA THE SERVICE; THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.2. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SULAKE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS OF SERVICE OR ANY APPLICABLE ADDITIONAL TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SULAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT UNDER NO CIRCUMSTANCES SULAKE SHALL BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO SULAKE IN CONNECTION WITH YOUR USE OF THE SERVICE THAT IS GOVERNED BY THESE TERMS OF SERVICE OR ANY APPLICABLE ADDITIONAL TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO SULAKE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND SULAKE'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH SULAKE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. IF SUCH REMEDIES ARE DEEMED INSUFFICIENT UNDER ANY APPLICABLE LAW, SULAKE'S LIABILITY SHOULD INSTEAD BE LIMITED TO THE LESSER OF 500 EUROS OR THE MINIMUM AMOUNT REQUIRED BY LAW.
11.3. JURISDICTIONAL LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Sulake may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Sulake's liability shall be the minimum permitted under such applicable law. TO THE EXTENT REQUIRED BY APPLICABLE LAW, NOTHING IN THESE TERMS OF SERVICE OR ANY APPLICABLE ADDITIONAL TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR (I) DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF SULAKE.
11.4. INDEMNITY. You agree to indemnify, defend and hold Sulake and its successors and assigns harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of: our use of information you submit to us (including your User-Generated Content) through the Service; your use of the Service and your activities in connection with the Service; any breach by you of these Terms or any applicable Additional Terms; your violation of any laws in connection with your use of the Service or your activities in connection with the Service; content transmitted through your Device that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; and any misrepresentation made by you (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claim and Loss. Notwithstanding anything to the contrary, we retain the exclusive right to control, settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sulake.
12. DISPUTE RESOLUTION, GOVERNING LAWS, AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS AND TIME TO FILES CLAIMS.
12.1 PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SULAKE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND SULAKE CAN SEEK RELIEF FROM EACH OTHER.
12.2 By agreeing to these Terms, you and Sulake agree that any and all past, present and future disputes, claims or causes of action between you and Sulake arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Sulake or any of Sulake's licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and Sulake further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.
12.3 "Country of Residence" for purposes of this Section 12 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence. If your Country of Residence is in the European Economic Area, no provision in this Section 12 shall exclude or restrict any of your statutory rights you may have as a consumer.
12.4 Governing Law.
· If your Country of Residence is the United States, these Terms, your use of the Service and our entire relationship, will be interpreted in accordance with and governed by the laws of Finland without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in this Section 12, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
· If your Country of Residence is not the United States these Terms, your use of the Service and our entire relationship, including the arbitration agreement contained in this Section 12 will be interpreted in accordance with and governed by the laws of Finland without regard to conflict- or choice-of-law principles.
12.5 Informal Dispute Resolution. Sulake wants to address your concerns without needing a formal legal case. Before filing a claim against Sulake, you agree to try to resolve the Dispute informally by contacting Customer Support. Similarly, Sulake will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Sulake may initiate an arbitration proceeding as described below.
12.6 We Both Agree To Arbitrate. By agreeing to these Terms, you and Sulake each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under "Exceptions to Agreement To Arbitrate" below.
12.7 Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Sulake will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
12.8 Arbitration Procedures and Fees. If your Country of Residence is:
· United States, you and Sulake agree that the American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Sulake further agree that the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.
· If your Country of Residence is not the United States, you and Sulake agree that the Arbitration Rules of the Arbitration Institute of the Finland Chamber of Commerce ("FAI") will apply (https://arbitration.fi/en/arbitration/rules-and-guidelines/). FAI will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Finish law. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Sulake further agree that the arbitration will be held in English and in Helsinki (Finland) or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The FAI rules will govern payment of all arbitration fees.
12.9 Arbitration Shall Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and Sulake agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Sulake may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Sulake will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
12.10 Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR SULAKE SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED.
12.11 Exceptions to Agreement to Arbitrate. Notwithstanding your and Sulake's agreement to arbitrate Disputes, either you or Sulake may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section 12 or to enforce any arbitral award issued hereunder. Additionally if your Country of Residence is:
· the United Kingdom or in the European Economic Area, notwithstanding your and Sulake's agreement to arbitrate Disputes, either you or Sulake also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. If your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered by the European Commission https://ec.europa.eu/consumers/odr/. Please note that Sulake shall not be required to use this or any other alternative dispute resolution platform;
· not the United States, the United Kingdom or in the European Economic Area, notwithstanding your and Sulake's agreement to arbitrate Disputes, either you or Sulake may also assert claims, if they qualify, through the Small Claims Court in Finland, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.
12.12 Judicial Forum for Disputes. Except as otherwise required by applicable law or provided in this Section 12, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sulake agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Finland. Both you and Sulake consent to the venue and personal jurisdiction there.
12.13 Limited time to file a claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 12 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THIS SECTION ) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 12 DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
13. SEVERABILITY
13.1. You and Sulake agree that if any portion of these Terms or any applicable Additional Terms, or of the Service's Privacy Policy, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
14. LINKING TO OUR SERVICE
14.1. We grant you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Sulake or cause any other confusion, and © the links and the content on your web site do not portray Sulake or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violates any right of any third party or is otherwise objectionable to Sulake. Sulake reserves the right to suspend or prohibit linking to the Service for the reasons stated under Article 6 and other relevant Articles of this Terms of Service , in its sole discretion, without advance notice or any liability of any kind to you or any third party.
15. GENERAL PROVISIONS
15.1. Assignment. Sulake may assign or delegate these Terms, any applicable Additional Terms and/or the Service's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms and/or the Service's Privacy Policy without Sulake's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
15.2. Entire Agreement. These Terms, any applicable Additional Terms, and any documents expressly incorporated by reference herein (including the Service's Privacy Policy), contain the entire understanding of you and Sulake, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
15.3. No Waiver. The failure of Sulake to require or enforce strict performance by you of any provision of these Terms, any applicable Additional Terms and/or the Service's Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Sulake's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Sulake of any provision, condition, or requirement of these Terms, any applicable Additional Terms and/or the Service's Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms and any applicable Additional Terms, no representations, statements, consents, waivers, or other acts or omissions by Sulake shall be deemed a modification of these Terms or any applicable Additional Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Sulake.
15.4. Updates To Terms: As our Services evolves, the terms and conditions under which we offer the Services may prospectively be modified and we may cease offering the Services under the Terms or any applicable Additional Terms for which they were previously offered. Accordingly, each time you sign in to or otherwise use the Service you agree with the then-applicable Terms, and you agree that we may notify you of applicable new terms by posting them on the Services (or in any other reasonable manner of notice which we elect), and that your continued use of the Services after such notice will constitute acceptance of, and agreement to be bound by those changes. You can reject any new, revised or additional terms by discontinuing use of the Service and canceling your Account. In the event that the Terms should be amended to comply with any legal requirements, we will inform You about the amendments in accordance with the nature of the change. The amendments may take effect immediately after notification or Your acceptance, or as required by the law and without any prior notice.
15.5. Notices. All notices given by you or required from you under these Terms, any applicable Additional Terms and/or the Service's Privacy Policy shall be in writing and addressed to: Sulake Oy, Legal, Dagmarinkatu 6, 00100 Helsinki, Finland. You can also submit any Notice via in game notice mechanisms. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
15.6. Customer Service. If you have a question about the Service, you may contact our Customer Service. You acknowledge that the provision of customer support is at Sulake's sole discretion and that we have no obligation to provide you with customer support of any kind other than those we provide or may provide in the future in line with general policy or legislation.
15.7. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms and/or any applicable Additional Terms to Sulake are of a unique and irreplaceable nature, the loss of which shall irreparably harm Sulake and which cannot be replaced by monetary damages alone so that Sulake shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Content or other product or service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 10 (if any).
15.8. Copyright Infringement. If you believe that your copyright or other rights have been infringed by Content on the Service, please contact our Customer Service For rights holders in the U.S., please click here to see our infringement notice and takedown policy.
15.9. Force Majeure. Sulake shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Sulake, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Sulake's control such as acts of God, war, terrorism, riots, sanctions, embargoes, acts of civil or military authorities, fire, floods, pandemics, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
16. TERMS APPLICABLE FOR APPLE iOS
16.1. If you are accessing or using the Service through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into the Terms by this reference:
(i) To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and Sulake, and that Apple, Inc. ("Apple") is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you in Section 2 of these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
(iii) You acknowledge that Sulake, and not Apple, is responsible for providing the Service and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services to you with respect to the Service.
(v) In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Sulake, Sulake, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) 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.
(ix) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(x) When using the Service, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with the Service.
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VAT number FI20114339