Effective Date: March 1,
2015
The terms of this agreement (“Terms of Service”) govern the
relationship between you and Lillbacka Powerco Oy and its affiliates
(hereinafter “Powerco” or “Us” or “We”) regarding your use of Powerco’s games,
websites and related services (the “Service”). Use of the Service is also
governed by Powerco’s Privacy Policy,
which is incorporated herein by reference.
Before accessing or using the Service, including browsing any
Powerco website or accessing a game, you must agree to these Terms of Service
and the Privacy Policy. You may also be required to register an account on the
Service (an “Account”). By registering for an Account or otherwise using the
Service, you represent that you are age 13 or older and you understand and
agree to these Terms of Service. If you are between the ages of 13 and 17, you
represent that your legal guardian has reviewed and agreed to these Terms.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU
AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE,
PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE
IS VOID WHERE PROHIBITED.
Powerco reserves the right, at its discretion, to change,
modify, add or remove portions of these Terms of Service and its Privacy Policy
at any time by posting the amended terms on the Powerco Service. You will be
deemed to have accepted such changes by continuing to use the Service. If at
any point you do not agree to any portion of the then-current version of our
Terms of Service, the Powerco Privacy Policy, or any other Powerco policy,
rules or codes of conduct relating to your use of the Service, your license to
use the Service shall immediately terminate, and you must immediately stop
using the Service.
1. Licence
1.1. Grant of a Limited License to Use the
Service
Subject to your agreement and continuing compliance with these
Terms of Service and any other relevant Powerco policies, Powerco grants you a
non-exclusive, non-transferable, non-sublicensable, revocable limited license
subject to the limitations below to access and use the Service for your own
non-commercial entertainment purposes. You agree not to use the Service for any
other purpose.
The following restrictions apply to the use of the Service:
●
You shall not create an Account or access the Service
if you are under the age of 13; You shall restrict use by minors, and you will
deny access to children under the age of 13. You accept full responsibility for
any unauthorized use of the Service by minors. You are responsible for any use
of your credit card or other payment instrument by minors.
●
You shall not sell, rent or give away your Account,
create an Account using a false identity or information, or on behalf of
someone other than yourself; You shall not use the Service if you have
previously been removed by Powerco, or previously been banned from playing any
Powerco game;
●
You shall use your Account only for non-commercial
purposes; You shall not use the Service to advertise, or solicit, or transmit
any commercial advertisements, including chain letters, junk or spam e-mail or
repetitive messages to anyone;
Login information and Your Account
Powerco reserves the right to remove or reclaim any usernames
at any time and for any reason, including but not limited to claims by a third
party that a username violates the third party’s rights.
License Limitations
Any use of the Service in violation of these License
Limitations is strictly prohibited, can result in the immediate revocation of
your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
●
Engage in any act that Powerco deems to be in conflict
with the spirit or intent of the Service or make improper use of Powerco’s
support services.
●
Use cheats, exploits, automation software, bots, hacks,
mods or any unauthorized third-party software designed to modify or interfere
with the Service, any Powerco Game or any Powerco game experience or without
Powerco’s express written consent, modify or cause to be modified any files
that are a part of the Service or any Powerco game.
●
Disrupt, overburden, or aid or assist in the disruption
or overburdening of any computer or server (“Server”) used to offer or support
the Service or any Powerco game environment.
●
Institute, assist, or become involved in any type of
attack, including without limitation distribution of a virus, denial of service
attacks upon the Service, or other attempts to disrupt the Service or any other
person’s use or enjoyment of the Service.
●
Attempt to gain unauthorized access to the Service,
Accounts registered to others or to the computers, Servers, or networks
connected to the Service by any means other than the user interface provided by
Powerco, including but not limited to, by circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting any other person
to circumvent or modify, any security, technology, device, or software that is
part of the Service.
●
Post any information that is abusive, threatening,
obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise
objectionable or offensive.
●
Post any information that contains nudity, excessive
violence, or offensive subject matter or that contains a link to such content.
●
Attempt to, or harass, abuse, or harm, or advocate or
incite harassment, abuse, or harm of another person, group, including Powerco
employees, including Powerco’s customer service representatives.
●
Make available through the Service any material or
information that infringes any copyright, trademark, patent, trade secret,
right of privacy, right of publicity, or other right of any person or entity or
impersonates any other person, including without limitation a Powerco employee.
●
Reverse engineer, decompile, disassemble, decipher or
otherwise attempt to derive the source code for any underlying software or
other intellectual property used to provide the Service or any Powerco game, or
to obtain any information from the Service or any Powerco game using any method
not expressly permitted by Powerco.
●
Solicit or attempt to solicit personal information from
other users of the Service or any Powerco game or collect or post anyone’s
private information, including personally identifiable information (whether in
text, image or video form), identification documents, or financial information
through the Service.
Powerco reserves the right to determine what conduct it
considers to be in violation of the rules of use or otherwise outside the
intent or spirit of these Terms of Service or the Service itself. Powerco
reserves the right to take action as a result, which may include terminating
your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and
Service
WITHOUT LIMITING ANY OTHER REMEDIES, POWERCO MAY LIMIT,
SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO POWERCO SERVICES OR
PORTIONS THEREOF IF YOU ARE, OR POWERCO SUSPECTS THAT YOU ARE, FAILING TO
COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED
ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN
LOSE YOUR USER NAME AND GAME PERSONA AS A RESULT OF ACCOUNT TERMINATION OR
LIMITATION, AS WELL AS ANY BENEFITS OR PRIVILEGES ASSOCIATED WITH YOUR USE OF
THE SERVICE, AND POWERCO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH
LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR
TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO
OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, 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 OR
POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE
DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
POWERCO RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS
BEEN INACTIVE FOR 180 DAYS.
Powerco reserves the right to stop offering and/or supporting
the Service or a particular game or part of the Service at any time, at which
point your license to use the Service or a part thereof will be automatically
terminated. In such event, Powerco shall not be required to provide refunds,
benefits or other compensation to users in connection with such discontinued
Services. Termination of your Account can include disabling your access to the
Service or any part thereof including any content you submitted or others
submitted.
You may terminate your Account at any time and for any reason
by following the process described on our support page located at www.trulonuniverse.com/support
informing Powerco that you wish to terminate your Account.
2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (including
without limitation any games, titles, computer code, themes, objects,
characters, character names, stories, dialogue, catch phrases, concepts,
artwork, animations, sounds, musical compositions, audio-visual effects,
methods of operation, moral rights, documentation, in-game chat transcripts,
character profile information, recordings of games played using a Powerco game
client, and the Powerco game clients and server software) are owned by Powerco.
Powerco reserves all rights, including without limitation, all intellectual
property rights or other proprietary rights, in connection with its games and
the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU
ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY
INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS
IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE
BENEFIT OF POWERCO.
2.3. Virtual Items
Powerco owns, has licensed, or otherwise has rights to use all
of the content that appears in the Service or in Powerco games. Notwithstanding
any provision to the contrary herein, you agree that you have no right or title
in or to any content that appears in the Service, including without limitation
the virtual goods or currency appearing or originating in any Powerco game,
whether earned in a game or purchased from Powerco, or any other attributes
associated with an Account or stored on the Service.
2.4. User Content
“User Content” means any communications, images, sounds, and
all the material, data, and information that you upload or transmit through the
Service, or that other users upload or transmit. By transmitting or submitting
any User Content while using the Service, you affirm, represent and warrant
that such transmission or submission is (a) accurate and not confidential; (b)
not in violation of any laws, contractual restrictions or other third party
rights, and that you have permission from any third party whose personal
information or intellectual property is comprised in the User Content; (c) free
of viruses, adware, spyware, worms or other malicious code; and (d) you
acknowledge and agree that any of your personal information within such content
will at all times be processed by Powerco in accordance with its Privacy
Policy. Powerco reserves the right in its sole discretion to review, monitor,
prohibit, edit, delete, disable access to or otherwise make unavailable any
User Content (including without limitation your User Content) without notice
for any reason or for no reason at any time.
3. User Content
3.1. Content Screening
Powerco assumes no responsibility for the conduct of any user
submitting any User Content, and assumes no responsibility for monitoring the
Service for inappropriate content or conduct. Powerco does not, and cannot,
pre-screen or monitor all User Content. Your use of the Service is at your own
risk. By using the Service, you may be exposed to User Content that is
offensive, indecent or otherwise not in line with your expectations. You bear
all risks associated with the use of any User Content available in connection
with the Service. At our discretion, our representatives or technology may
monitor and/or record your interaction with the Service or communications when
you are using the Service.
By entering into these Terms of Service, you hereby provide
your irrevocable consent to such monitoring and recording. You acknowledge and
agree that you have no expectation of privacy concerning the transmission of
any User Content.
If at any time Powerco chooses, in its sole discretion, to
monitor the Service, Powerco nonetheless assumes no responsibility for User
Content and assumes no obligation to modify or remove any inappropriate User
Content. We have the right, but not the obligation, in our sole discretion to
edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums and blogs where you can
post User Content, including your observations and comments on designated
topics. Powerco cannot guarantee that other members will not use the ideas and
information that you share. Therefore, if you have an idea or information that
you would like to keep confidential and/or don’t want others to use, do not
post it on the Service. Powerco shall have no responsibility to evaluate, use
or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsibility For Your Own Content
You are solely responsible for the information that you post
on, through or in connection with the Service and that you provide to others.
Powerco may reject, refuse to post or delete any User Content for any or no
reason, including, but not limited to, User Content that in the sole judgment
of Powerco violates these Terms of Service.
3.3. License
You hereby grant to Powerco an irrevocable, perpetual,
transferable, fully paid-up, royalty-free, worldwide license (including the
right to sublicense and assign to third party) and right to copy, reproduce,
fix, adapt, modify, create derivative works from, manufacture, commercialize,
publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly
display, publicly perform, or provide access to electronically, broadcast,
communicate to the public by telecommunication, display, perform, enter into
computer memory, and use and practice, in any way, your User Content as well as
all modified and derivative works thereof in connection with our provision of
the Service, including marketing and promotions of the Service. You also hereby
grant to Powerco the right to authorize others to exercise any of the rights
granted to Powerco under these Terms of Service. You further hereby grant to
Powerco the unconditional, irrevocable right to use and exploit your name,
likeness and any other information or material included in any User Content and
in connection with any User Content, without any obligation to you. Except as
prohibited by law, you waive any rights of attribution and/or any moral rights
you may have in your User Content, regardless of whether your User Content is
altered or changed in any manner. Powerco does not claim any ownership rights in
your User Content and nothing in these Terms of Service is intended to restrict
any rights that you may have to use and exploit your User Content. Powerco has
no obligation to monitor or enforce your intellectual property rights in or to
your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other
users of the Service and any other parties with whom you interact through the
Service and/or Powerco games. Powerco reserves the right, but has no
obligation, to become involved in any way with these disputes. You will fully
cooperate with Powerco to investigate any suspected unlawful, fraudulent or
improper activity, including, without limitation, granting Powerco access to
any password-protected portions of your Account.
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 (actual and consequential) of every
kind and nature, known and unknown, arising out of or in any way connected with
such disputes.
4. Updates to the Service
You understand that the Service is an evolving one. Powerco may
require that you accept updates to the Service and to Powerco’s games you have
installed on your computer. You acknowledge and agree that Powerco may update
the Service and Powerco games, with or without notifying you. You may need to
update third party software from time to time in order to receive the Service
and play Powerco’s Games.
5. Disclaimer of Warranties
WITHOUT LIMITING POWERCO’S LIABILITY UNDER SECTION 6 BELOW, 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, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE. POWERCO DOES NOT WARRANT 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.
6. Limitation of Liability; Sole and Exclusive
Remedy; Indemnification
POWERCO SHALL NOT BE LIABLE TO YOU FOR ANY 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 THESE TERMS OF SERVICE OR
THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT POWERCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
POWERCO SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO
POWERCO IN ACCORDANCE WITH THESE TERMS OF SERVICE 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 POWERCO DURING SUCH
TIME PERIOD, YOUR SOLE REMEDY (AND POWERCO’S EXCLUSIVE LIABILITY) FOR ANY
DISPUTE WITH POWERCO IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
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 Powerco 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 Powerco’s liability shall be the minimum
permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF
SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR
RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE
OR FRAUD OF POWERCO.
You agree to indemnify, defend and hold Powerco harmless from
any claim, demand, damages or other losses, including reasonable attorneys’
fees, asserted by any third-party resulting from or arising out of your use of
the Service, or any breach by you of these Terms of Service, however the
foregoing does not apply if the infringement of rights is not attributable to
your intentional or negligent behavior.
7. Dispute Resolution and Law
If a dispute arises between you and Powerco, we strongly
encourage you to first contact us directly to seek a resolution by going to our
customer support site at www.trulonuniverse.com/support. You agree that
all disputes between you and Powerco shall be governed by the laws of Finland,
without regard to conflict of law provisions. You agree that any claim or
dispute you may have against Powerco must be resolved exclusively by a court
located in Helsinki, Finland.
8. Severability
You and Powerco agree that if any portion of these Terms of
Service or of the Powerco 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.
9. General Provisions
9.1. Assignment
Powerco may assign or delegate these Terms of Service and/or
the Powerco 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 of Service or Privacy Policy without Powerco’s
prior written consent, and any unauthorized assignment and delegation by you is
ineffective.
9.2. Supplemental Policies
Powerco may publish additional policies related to specific
services such as forums, contests or loyalty programs. Your right to use such
services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any
documents expressly incorporated by reference herein (including the Powerco
Privacy Policy), contain the entire understanding of you and Powerco, 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.
9.4. No Waiver
The failure of Powerco to require or enforce strict performance
by you of any provision of these Terms of Service or the Powerco Privacy Policy
or failure to exercise any right under them shall not be construed as a waiver
or relinquishment of Powerco’s right to assert or rely upon any such provision
or right in that or any other instance.
The express waiver by Powerco of any provision, condition, or
requirement of these Terms of Service or the Powerco 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 of Service, no representations, statements, consents, waivers, or other
acts or omissions by Powerco shall be deemed a modification of these Terms of
Service nor legally binding, unless documented in physical writing, hand signed
by You and a duly appointed officer of Powerco.
9.5. Notices
We may notify you via postings on www.trulonuniverse.com/support,
and via e-mail or any other communications means to contact information you
provide to us. All notices given by you or required from you under these Terms
of Service or the Powerco Privacy Policy shall be in writing and addressed to:
Lillbacka Powerco Oy, Kivihuhdantie 34, FI-62300 Härmä, Finland. Any notices
that you provide without compliance with this Section on Notices shall have no
legal effect.
9.6. Equitable Remedies
You acknowledge that the rights granted and obligations made
under these Terms of Service to Powerco are of a unique and irreplaceable
nature, the loss of which shall irreparably harm Powerco and which cannot be
replaced by monetary damages alone so that Powerco 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
Powerco game, 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 7 (if any).
9.7. Force Majeure
Powerco shall not be liable for any delay or failure to perform
resulting from causes outside the reasonable control of Powerco, including
without limitation any failure to perform hereunder due to unforeseen
circumstances or cause beyond Powerco’s control such as acts of God, war,
terrorism, riots, embargoes, acts of civil or military authorities, fire,
floods, accidents, strikes, or shortages of transportation facilities, fuel,
energy, labor or materials.
