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 http://origins.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.
2.1. 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.
3.1. 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.
4.1. 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.
5.1. Username and Password. During the Account creation process,you will be required to select a password ("LoginInformation"). You shall not share the Account or the LoginInformation, nor let anyone else access your Account or doanything else that might jeopardize the security of yourAccount. In the event you become aware of or reasonably suspectany breach of security, including without limitation any loss,theft, or unauthorized disclosure of the Login Information, youmust immediately notify Sulake and modify your LoginInformation. You are solely responsible for maintaining theconfidentiality of the Login Information, and you will beresponsible for all uses of the Login Information, includingpurchases, whether or not authorized by you. You are responsiblefor anything that happens through your Account.

5.2. Sulake reserves the right to terminate or suspend your Accountand to remove or reclaim any usernames at any time in accordancewith these Terms of Service, legal regulations, and other SulakePolicies , including but not limited to claims by a third partythat a username violates the third party's rights. Sulake shallhave no liability to you for the exercise of such rights.
6.1. Sulake may suspend Your use of Service immediately or with aprior warning if We believe that You are violating anyobligations set in this Terms of Service, relevant legallegislation, any other Sulake policies or after confirming thatyou are violating your legal obligations set under relevantlegislations upon receiving a complaint about You. You may finddetailed information on Sulakes Suspension Policy here[Link].
7.1. You shall not use our Content off of our Service, except as wemay allow use of Sulake Licensed Elements for certain fan siteuse approved by us in writing. We do not approve, and you maynot create or use "retro" or substitute sites or services thatoffer game play with our Content off of our Service.

7.2. Sulake reserves the right to limit your access to our Servicespermanently in accordance with the Terms, including theApplicable Policies. You may find further information on our banand suspension policy in the sections 6,7 and 10 of this Termandhere

7.3. In addition, in your use of the Service you must follow ourrules and Applicable Policies, and the spirit of them,including The HabboWay andwithout limitation:

(i) No Young Children and Parents Responsible for Minors: You shallnot create an Account or access the Service if you are under the ageof 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 yetlegally an adult), your parent or legal guardian must approve andtake responsibility for your Account, including for any use of acredit card or other payment instrument (e.g. Paypal) by minors.Only those over the age of 18 may purchase Virtual Goods or engagein other real-money transactions through the Service.

(ii) No false information: You shall not create an Account using afalse identity or information, or on behalf of someone other thanyourself.

(iii) You shall not falsify or delete any author attributions, legal orother proper notices or proprietary designations or labels of theorigin or source of software or other material contained in a filethat is uploaded; or forge headers or otherwise manipulateidentifiers to disguise the origin of any material transmittedthrough the Service.

(iv) No access after removal or ban: You shall not use the Serviceif you have previously been permanently removed or banned from theService, unless the removal or ban is lifted by Sulake which is tobe determined in its sole discretion

(v) No use of others' content without proper permission: You shallnot use any User-Generated Content or other content that belongs toother people and pass it off as your own or otherwise use suchcontent without the appropriate rights and permissions; thisincludes any content that you might have found elsewhere on theInternet. If anyone contributes to your User-Generated Content orhas any rights to your User-Generated Content, or if anyone appearsin the User-Generated Content, then you must also have theirpermission and the appropriate rights to submit such User-GeneratedContent to Sulake in accordance with Section 4 of these Terms.

(vi) No political use: You shall use your Account and the Serviceonly for non-political purposes.

(vii) Limited commercial use: Except if and to the extent thatcommercial use is permitted by us in Additional Terms, you shalluse your Account and the Service only for non-commercial purposes.You shall not use the Service or any features on the Service toadvertise, solicit, or transmit any commercial advertisements,including chain letters, junk or spam e-mail, surveys, contests,pyramid schemes, or repetitive messages to anyone; to distributeunsolicited e-mail to others for commercial use or otherwise; orharvest or otherwise collect personal information about otherindividuals, including e-mail addresses or screen names for thepurpose of sending unsolicited e-mails or for exchange. Unlessotherwise detailed in the applicable Additional Terms, you shallnot advertise or offer to sell or buy any goods or services forany commercial or business purpose. You shall not use, download orotherwise copy, or provide (whether or not for a fee) to a personor entity any directory of visitors to the Service or othervisitor or usage information or any portion thereof.

(viii) No harassment, defamation, profanity, breach ofconfidentiality, privacy or infringement of rights: You shallnot publish, post, upload, distribute or disseminate any materialor information on the Service which: (i) is inappropriate,profane, defamatory, infringing, obscene, indecent or unlawful(including but not limited to pornography, depiction of acts ofviolence and sexual acts, and material and information which mayperpetuate hatred against any person or group or having thelikely effect of causing harm or offence); (ii) is a falsestatement about a person or their property or business which isactuated by malice and may cause financial harm to thatperson; (iii) is misleading or deceptive; (iv) is a breach ofconfidence 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 codeor an instrument which governs our conduct; or (vi) otherwiseinfringes any person's rights, including without limitationtheir intellectual property rights, e.g., copyright or trademarkrights (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 filesthat contain, or otherwise intentionally release or disseminate,viruses, Trojan horses, worms, time bombs, cancel bots, corruptedfiles, or any other similar software or programs that may interferewith or damage Sulake, the Service, its Content or the operation ofanother user's Device or property. You shall not download any fileposted by another visitor of a home page, chat room or messageboard that you know, or reasonably should know, cannot be legallydistributed. You shall not restrict or inhibit any other user fromusing and enjoying the home pages, chat room and message boards; orviolate any code of conduct or other guidelines which may bedisplayed 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 orregulations or the legal rights of another individual, on theService.You must comply with all applicable export and sanction lawsand regulations ("Trade Controls") and may not use, export, ortransfer any portion of the Services or any related technicalinformation or materials, directly or indirectly, except asauthorized by such Trade Controls. The Trade Controls prohibit theuse of the Services by any individual located in, under the controlof, organized in, or a resident of any country or territory which isthe target of sanctions by the U.S., UK and EU , or any country uponSulake's sole discretion due to local legislation requirements orany other reason upon its sole discretion, or anyone or any entity(or anyone or any entity 50% or more owned by such individual orentities) on any list of prohibited persons or entities maintainedby the U.S., E.U. or UK, or by the jurisdictions in which theServices were obtained.

(xii) No refusal to cooperate: You shall not refuse to follow theinstructions of any personnel of Sulake or a Sulake affiliate.

1. Sulake reserves the right to determine what conduct itconsiders to be in violation of the rules of use of the Serviceor is otherwise outside the intent or spirit of these Terms,any applicable Additional Terms, or the Service itself. Sulakereserves the right to take any action as a result, which mayinclude terminating or suspending your Account and prohibitingyou from using the Service. Sulake shall have no liability toyou or anyone for the exercise of such rights.

8.1. The Service may also contain links, as part of third-party adsor content on the Service or otherwise, to or from third-partywebsites, applications or services ("Third-Party Links"),including websites, applications or services operated byadvertisers, licensors, licensees, and certain other thirdparties who may have business relationships with Sulake, e.g.,integrations in the Service, or via links to sites outside ofthe Service that are operated by third parties. Sulake may haveno control over the content, operations, policies, terms, orother elements of Third-Party Links, and Sulake does not assumeany obligation to review any Third-Party Links. Sulake does notendorse, approve, or sponsor any Third-Party Links, or anythird-party content, advertising, information, materials,products, services, or other items. Furthermore, Sulake is notresponsible for the quality or delivery of the products orservices offered, accessed, obtained by or advertised at suchsites. Finally, Sulake will under no circumstances be liable forany direct, indirect, incidental or special loss or otherdamage, whether arising from negligence, breach of contract,defamation, infringement of copyright or other intellectualproperty rights or otherwise, arising out of or related toThird-Party Links or their products or services. Any activitiesyou engage in connection with any of the same are subject to theprivacy and other policies, terms and conditions of use and/orsale, and rules issued by the operator of the Third-PartyLinks. The Third-Party Links may send cookies or solicitpersonal information from you, and as we have no control overthese Third-Party Links you agree that we have no responsibilityfor 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, contentand other material submitted to us by third parties, please notethat those third parties are responsible for ensuring thatmaterial submitted for inclusion on the Service complies withall legal and regulatory requirements. Sulake disclaims allliability in connection with such advertising or otherthird-party content or material.

8.3. Any interactions, correspondence, transactions, and otherdealings that you have with any third parties found on orthrough the Service (including on or via Third-Party Links orthird-party advertisements or content made available on orthrough our Service) are solely between you and the third party(including issues related to the content of third-partyadvertisements, payments, delivery of goods, warranties(including product warranties), privacy and data security, andthe like). Sulake disclaims all liability in connectiontherewith.

8.4. Within the Service, Sulake has the right to offer differentpersonalized campaigns and Recommender Systems according to thedifferent specifications of the users. In order to avoidconfusion, these campaigns are only related to the featuresavailable in the Service and are created in compliance with thePrivacy Policy and other relevant legislation in accordance withthe Users' data. For example, Sulake has the right to organisedifferent marketing campaigns according to the Users' accountcreation date or their activity status within the Service. Formore information about Recommender Systems [LINK].
9.1. You understand that the Service is an evolving one. Sulake mayrequire that you accept updates to the Service and to thethird-party software you have installed on your Device. Youacknowledge and agree that Sulake may update and modify theService, in which case we will notify you. You may need toupdate third-party software from time to time in order tocontinue to use the Service.
10.1. WE MAY TERMINATE YOUR LICENSE TO THE SERVICE OR OTHERWISESUSPEND YOUR ACCOUNT IN ACCORDANCE WITH THE THESE TERMS AND/ ORBAN AND SUSPENTION POLICIES IN HABBO WAY IF: (A) YOU ARE NOTCOMPLIANT AND/OR IN BREACH WITH THESE TERMS OR ANY APPLICABLEADDITIONAL TERMS OR APPLICABLE POLICIES INCLUDING THE HABBOWAY; (B)YOU HAVE NOT ACCESSED YOUR ACCOUNT FOR 180 DAYS; © IF THESERVICE IS GOING TO BE SHUT DOWN; OR (D) ILLEGAL CONTENT:

<code> 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.</code>

10.2. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND ORTERMINATE USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TOTHE SERVICE AND ANY CONTENT (INCLUDING USER GENERATED CONTENT),DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGALSTEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVETHAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES,INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, ORACTING 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 terminationdecision referred to in this paragraph 10 to contact us about anappeal. After six months our Customer Service will no longer beable to assist you.

10.4. You may terminate your access to the Service at any time for anyreason without penalty by contacting here, atwhich point you will no longer be permitted to use the Service.In this case, we will not refund you the fees (or any part ofthem) that we have already charged you.

10.5. Upon suspension or termination of your access to the Service, orupon notice thereof, all rights granted to you under these Termsor any applicable Additional Terms will cease immediately, andyou agree that you will immediately discontinue use of theService. The provisions of these Terms and any applicableAdditional Terms, which by their nature should survive yoursuspension or termination will survive, including the rights andlicenses you grant to Sulake in these Terms, as well as theindemnities, releases, disclaimers, and limitations on liabilityand the provisions regarding jurisdiction, choice of law, noclass action, and legal forum.
11.1. DISCLAIMER OF WARRANTIES. YOUR ACCESS TO AND USE OF THE SERVICEIS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "ASAVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIESOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,NON-INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTYRIGHTS OF THIRD PARTIES, AND THOSE ARISING FROM COURSE OFDEALING OR USAGE OF TRADE. SULAKE DOES NOT WARRANT OR MAKE ANYREPRESENTATIONS AS TO: THE SERVICE AND ITS FUNCTIONS, FEATURES,AND ELEMENTS; ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED ATOR LINKED THROUGH THE SERVICE; THE SECURITY ASSOCIATED WITH THETRANSMISSION OF YOUR USER-GENERATED CONTENT TO OR VIA THESERVICE; THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE ATTHE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILLBE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED;OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS.

11.2. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY. TO THEFULLEST EXTENT PERMITTED BY APPLICABLE LAW, SULAKE SHALL NOT BELIABLE 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 RELATINGIN ANY WAY TO YOUR ACCESS TO AND USE OF THE SERVICE AND YOURRIGHTS UNDER THESE TERMS OF SERVICE OR ANY APPLICABLE ADDITIONALTERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGALTHEORY, AND WHETHER OR NOT SULAKE HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT UNDER NOCIRCUMSTANCES SULAKE SHALL BE LIABLE TO YOU FOR MORE THAN THEAMOUNT YOU HAVE PAID TO SULAKE IN CONNECTION WITH YOUR USE OFTHE SERVICE THAT IS GOVERNED BY THESE TERMS OF SERVICE OR ANYAPPLICABLE ADDITIONAL TERMS IN THE SIX (6) MONTHS IMMEDIATELYPRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOUACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TOSULAKE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND SULAKE'SEXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH SULAKE IS TO STOPUSING THE SERVICE AND TO CANCEL YOUR ACCOUNT. IF SUCH REMEDIESARE DEEMED INSUFFICIENT UNDER ANY APPLICABLE LAW, SULAKE'SLIABILITY SHOULD INSTEAD BE LIMITED TO THE LESSER OF 500 EUROSOR THE MINIMUM AMOUNT REQUIRED BY LAW.

11.3. JURISDICTIONAL LIMITATIONS. Some jurisdictions do not allow theexclusion of certain warranties or the limitation or exclusionof liability for certain types of damages. Accordingly, some ofthe above disclaimers and limitations may not apply to you. Tothe extent that Sulake may not, as a matter of applicable law,disclaim any warranty or limit its liability as set forthherein, the scope of such warranty and the extent of Sulake'sliability shall be the minimum permitted under such applicablelaw. TO THE EXTENT REQUIRED BY APPLICABLE LAW, NOTHING IN THESETERMS OF SERVICE OR ANY APPLICABLE ADDITIONAL TERMS SHALL AFFECTTHE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANYLIABILITY FOR (I) DEATH OR PERSONAL INJURY ARISING FROM ANYNEGLIGENCE OR FRAUD OF SULAKE.

11.4. INDEMNITY. You agree to indemnify, defend and hold Sulake andits 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 yourUser-Generated Content) through the Service; your use of theService and your activities in connection with the Service; anybreach by you of these Terms or any applicable Additional Terms;your violation of any laws in connection with your use of theService or your activities in connection with the Service;content transmitted through your Device that infringes,violates, or misappropriates any copyright, trademark, tradesecret, trade dress, patent, publicity, privacy, or other rightof any person or entity; and any misrepresentation made by you(all of the foregoing, "Claims and Losses"). You willcooperate as fully required by us in the defense of any Claimand Loss. Notwithstanding anything to the contrary, we retainthe exclusive right to control, settle, compromise, and pay anyand all Claims and Losses. We reserve the right to assume theexclusive defense and control of any Claims and Losses. You willnot settle any Claims and Losses without, in each instance, theprior written consent of an officer of Sulake.
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 http://mailto:legal@sulake.com 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 http://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.
13.1. You and Sulake agree that if any portion of these Terms or anyapplicable Additional Terms, or of the Service's Privacy Policy,is found illegal or unenforceable, in whole or in part by anycourt of competent jurisdiction, such provision shall, as tosuch jurisdiction, be ineffective solely to the extent of suchdetermination of invalidity or unenforceability withoutaffecting the validity or enforceability thereof in any othermanner or jurisdiction and without affecting the remainingprovisions of the terms, which shall continue to be in fullforce and effect.
14.1. We grant you a limited, non-exclusive, revocable,non-assignable, personal and non-transferable license to createhyperlinks to the Service, so long as: (a) the links onlyincorporate text, and do not use any Trademarks, (b) the linksand the content on your website do not suggest any affiliationwith Sulake or cause any other confusion, and © the links andthe content on your web site do not portray Sulake or itsproducts or services in a false, misleading, derogatory, orotherwise offensive manner, and do not contain content that isunlawful, offensive, obscene, lewd, lascivious, filthy, violent,threatening, harassing, or abusive, or that violates any rightof any third party or is otherwise objectionable to Sulake.Sulake reserves the right to suspend or prohibit linking to theService for the reasons stated under Article 6 and otherrelevant Articles of this Terms of Service , in its solediscretion, without advance notice or any liability of any kindto you or any third party.
15.1. Assignment. Sulake may assign or delegate these Terms, anyapplicable Additional Terms and/or the Service's Privacy Policy,in whole or in part, to any person or entity at any time with orwithout your consent. You may not assign or delegate any rightsor obligations under the Terms and/or the Service's PrivacyPolicy without Sulake's prior written consent, and anyunauthorized assignment and delegation by you is ineffective.

15.2. Entire Agreement. These Terms, any applicable AdditionalTerms, and any documents expressly incorporated by referenceherein (including the Service's Privacy Policy), contain theentire understanding of you and Sulake, and supersede all priorunderstandings of the parties hereto relating to the subjectmatter hereof, whether electronic, oral or written, or whetherestablished by custom, practice, policy or precedent, betweenyou and us with respect to the Service.

15.3. No Waiver. The failure of Sulake to require or enforcestrict performance by you of any provision of these Terms, anyapplicable Additional Terms and/or the Service's Privacy Policyor failure to exercise any right under them shall not beconstrued as a waiver or relinquishment of Sulake's right toassert or rely upon any such provision or right in that or anyother instance. The express waiver by Sulake of any provision,condition, or requirement of these Terms, any applicableAdditional Terms and/or the Service's PrivacyPolicy shallnot constitute a waiver of any future obligation to comply withsuch provision, condition or requirement. Except as expresslyand specifically set forth in this these Terms and anyapplicable Additional Terms, no representations, statements,consents, waivers, or other acts or omissions by Sulake shall bedeemed a modification of these Terms or any applicableAdditional Terms nor legally binding, unless documented inphysical writing, hand signed by you and a duly appointedofficer of Sulake.

15.4. Updates To Terms: As our Services evolves, the terms andconditions under which we offer the Services may prospectivelybe modified and we may cease offering the Services under theTerms or any applicable Additional Terms for which they werepreviously offered. Accordingly, each time you sign in to orotherwise use the Service you agree with the then-applicableTerms, and you agree that we may notify you of applicable newterms by posting them on the Services (or in any otherreasonable manner of notice which we elect), and that yourcontinued use of the Services after such notice will constituteacceptance of, and agreement to be bound by those changes. Youcan reject any new, revised or additional terms by discontinuinguse of the Service and canceling your Account. In the event thatthe Terms should be amended to comply with any legalrequirements, we will inform You about the amendments inaccordance with the nature of the change. The amendments maytake 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 underthese Terms, any applicable Additional Terms and/or theService's Privacy Policy shall be in writing and addressed to:Sulake Oy, Legal, Dagmarinkatu 6, 00100 Helsinki, Finland. Youcan also submit any Notice via in game notice mechanisms. Any notices that you provide withoutcompliance with this Section on Notices shall have no legaleffect.

15.6. Customer Service. If you have a question about the Service,you may contact our CustomerService. Youacknowledge that the provision of customer support is atSulake's sole discretion and that we have no obligation toprovide you with customer support of any kind other than thosewe provide or may provide in the future in line with generalpolicy or legislation.

15.7. Equitable Remedies. You acknowledge that the rights grantedand obligations made under these Terms and/or any applicableAdditional Terms to Sulake are of a unique and irreplaceablenature, the loss of which shall irreparably harm Sulake andwhich cannot be replaced by monetary damages alone so thatSulake shall be entitled to injunctive or other equitable relief(without the obligations of posting any bond or surety or proofof damages) in the event of any breach or anticipatory breach byyou. You irrevocably waive all rights to seek injunctive orother equitable relief, or to enjoin or restrain the operationof the Service or any Content or other product or service,exploitation of any advertising or other materials issued inconnection therewith, or exploitation of the Service or anycontent or other material used or displayed through the Serviceand agree to limit your claims to claims for monetary damages,limited by Section10 (ifany).

15.8. Copyright Infringement. If you believe that your copyrightor other rights have been infringed by Content on the Service,please contact our CustomerService Forrights holders in the U.S., pleaseclick here tosee our infringement notice and takedown policy.

15.9. Force Majeure. Sulake shall not be liable for any delay orfailure to perform resulting from causes outside the reasonablecontrol of Sulake, including without limitation any failure toperform hereunder due to unforeseen circumstances or causebeyond Sulake's control such as acts of God, war, terrorism,riots, sanctions, embargoes, acts of civil or militaryauthorities, fire, floods, pandemics, accidents, strikes, orshortages of transportation facilities, fuel, energy, labor ormaterials.
16.1. If you are accessing or using the Service through an AppleDevice, the following additional terms and conditions areapplicable to you and are incorporated into the Terms by thisreference:

(i) To the extent that you are accessing the Service through an AppleDevice, you acknowledge that these Terms are entered into betweenyou and Sulake, and that Apple, Inc. ("Apple") is not a party tothese Terms other than as third-party beneficiary as contemplatedbelow.

(ii) The license granted to you in Section 2 of these Terms is subjectto the permitted Usage Rules set forth in the App Store Terms ofService(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 forproviding the Service and Content thereof.

(iv) You acknowledge that Apple has no obligation whatsoever to furnishany maintenance and support services to you with respect to theService.

(v) In the event of any failure of the Service to conform to anyapplicable warranty, you may notify Apple, and Apple will refund thepurchase price you; and to the maximum extent permitted byapplicable law, Apple will have no other warranty obligationwhatsoever with respect to the Service.

(vi) Notwithstanding anything to the contrary herein, and subject to theterms in these Terms, you acknowledge that, solely as between Appleand Sulake, Sulake, and not Apple is responsible for addressing anyclaims you may have relating to the Service, or your possessionand/or use thereof, including, but not limited, to: (i) productliability claims, (ii) any claim that the Service fails to confirmto any applicable legal or regulatory requirement; and (iii) claimsarising under consumer protection or similar legislation.

(vii) Further, you agree that if the Service, or your possession and useof the Service, infringes on a third party's intellectualproperty rights, you will not hold Apple responsible for theinvestigation, defense, settlement and discharge of any suchintellectual property infringement claims.

(viii) You represent and warrant that (i) you are not located in acountry that is subject to a U.S. Government embargo, or that hasbeen designated by the U.S. Government as a "terroristsupporting" 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, arethird-party beneficiaries of these Terms, and that, upon youracceptance of the terms and conditions of these Terms, Apple willhave the right (and will be deemed to have accepted the right) toenforce these Terms against you as a third-party beneficiarythereof.

(x) When using the Service, you agree to comply with any and all thirdparty terms that are applicable to any platform, website, technologyor service that interacts with the Service.
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