HOTEL HIDEAWAY TERMS OF SERVICE
For a short version of these Terms of Service click here.
1. About These Terms
Your use of the Service might be governed also by separate policies, as provided in connection with specific services. If you access the Service via a third party sign-in service or login, such as Facebook, you are also solely responsible for complying with the terms of service/use and privacy policies associated with such third party services, in addition to these Terms of Service.
You agree that you are at least 17 years old. If you are under the age of majority in your jurisdiction, you have your parent(s)’ or legal guardian(s)’ permission to use the Service.
Please remember, when accessing the Service over your mobile network, you will be using your data allowance. If you are using 3G or 4G to access the Service, please make sure you are aware of the amount of data in your pay as you go or contract allowance. We are not responsible for any charges you may incur in using the Service.
2.1 Grant of Licence. Developer grants to you, subject to your acceptance and strict compliance with these Terms of Service (including but not limited to the Acceptable Use section below), a personal, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, limited right to use and access the Service for your private and non-commercial purposes. You agree not to use the Service for any other purpose.
2.2 Updates. You understand that the Service is dynamic and for reasons that include, without limitation, system security and stability, Developer may need to automatically update, pre-load, create new versions or otherwise enhance the Service and accordingly, the system requirements to use the Service may change over time. You understand that you are not automatically entitled to future updates, new versions or other enhancements of the Service although Developer may choose to provide such changes in its sole discretion. All upgrades and updates are provided to you on a licence exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. Developer may license upgrades and updates to you with additional or different terms. You will have no obligation to continue using the Service following any such notification, but you acknowledge that continued use of the Service following any addition, update or amendment constitutes your acceptance of the updated Service. You may need to update third-party software from time to time in order to play Developer’s game.
2.3 Ownership. Developer reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. The game (including the related software and media) and all other elements of the Service are protected by copyright and other intellectual property laws protecting them from unauthorised use. Developer retains ownership of the game and the copies of the game (if applicable) and all other elements of the Service (including Accounts) and all rights, title and interest in and to the content related to the Services (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 game client, and the game clients and server software) are owned by Developer and its licensors.
3. Acceptable Use
3.1 Your Conduct. Any use of the Service in violation of this acceptable use section or any other limitation contained in these Terms of Service is strictly prohibited and can result in the immediate revocation of your limited licence and may subject you to liability for violations of law. The grant of licence detailed in section 2.1, above is conditional upon your strict compliance with these Terms of Service at any and all times of your use of the Service, including, your agreement that you will not, under any circumstances:
Use the Service to upload, post, store, transmit, distribute, make available or otherwise communicate:
- any material of any kind that may institute or assist any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or attempts to disrupt the Service, or any other person’s use or enjoyment of the Service;
- any unsolicited or authorised advertising or commercial messages, including chain letters, junk or spam e-mail or repetitive messages to anyone;
- any information that is abusive, threatening, obscene, indecent, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- any material, the intention of which is to, or attempt to, harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including other users, Developer employees and Developer’s customer service representatives;
- information that contains nudity, violence, or offensive subject matter or that contains a link to such content; and
- any material or information that infringes any copyright, trade mark, 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 Developer employee.
- Make improper use of Developer’s support services or take part in any act that Developer deems to be in conflict with the spirit or intent of the Service;
- 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 Developer’s game environment;
- Attempt to gain unauthorised 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 Developer, 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;
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Service, any Developer game or any Developer game experience or without Developer’s express written consent, modify or cause to be modified any files that are a part of the Service or any Developer’s game;
- Attempt to derive the source code for any underlying software or other intellectual property used to provide the Services (including but not limited to attempts to reverse engineer, decompile, disassemble, or otherwise derive the source code), or to obtain any information from the Service, using any method not expressly permitted by Developer; or
- Solicit or attempt to solicit personal information from other users of the Service, 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.
You agree to comply with the above conditions at any and all times of your use of the Service, and acknowledge and agree that Developer has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
4.1 Your Account During the Account creation process, you will be required to select a password (“Login Information”). By using the Service and creating an Account, you agree that:
- You will not reveal, share or otherwise allow others to use your Login Information or Account, or let anyone access your Account;
- You are personally responsible for the Login Information and Account and for all of the communication and activity in connection with the Service that results from use of your Account;
- You are solely responsible for the security of your device;
- You will not sell, give away or charge others for the right to use your Account, or otherwise transfer your Account;
- You will not have more than one Account at any given time;</li>
- You will not use the Service if you have previously been removed by Developer, or previously been banned from playing any Developer game;</li>
- You will not create an Account using a false identity or information, or on behalf of someone other than yourself;
- You accept full responsibility for any unauthorised use of the Service by minors and that you are responsible for any use of your credit card or any other payment instrument by minors; and
- You will give to Developer correct personal and other information necessary for the use the Service and you will inform Developer of any changes to such information.
4.2 Third-Party Services and Accounts. You may be required to have a valid account on a third party sign-in service or login through which you access the Service, or a particular feature of the Service. However, the Service is not affiliated with, endorsed, or sponsored by such services, and Developer assumes no liability pertaining to such third-party services. You are solely responsible for complying with terms of service/use and other policies of third-party services in addition to these Terms of Service. We have no control over third-party services and you agree that we have no responsibility for the actions of third party service providers. In the event that you access the Service through your third party sign-in service or login account, you agree that: (a) the information on your third party sign-in service or login account is accurate, current and complete; and (b) you have read and understood the relevant third parties’ terms of service/use and other policies.
4.3 Ownership. You understand that all rights in and to the Account are owned by and inure to the benefit of Developer in perpetuity.
4.4 Account Deletion. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
You understand that if you delete your Account, or we delete your Account in accordance with these Terms of Service, you may lose access to any data previously associated with your Account (including, without limitation, the level or score you reached and any Virtual Items associated with your Account).
5. Your Content
5.1 User Contributions to the Service. It is possible for you contribute to the Service through the submission of content you create or contribute to the creation of (“User Content”). User Content includes 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, including without limitation any chat text.
By transmitting or submitting any User Content, you represent and warrant that such transmission or submission is:
- accurate and not confidential;
- not in violation of any laws, contractual restrictions or other third-party rights limiting the use thereof, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content made available by you;
- you have all necessary authority to grant all of the rights and licences to Developer under these Terms of Service, and that Developer may exercise those rights without Developer incurring any third-party obligations or liability; and/or
- free of viruses, adware, spyware, worms or other malicious code.
Please be aware that any User Content you transmit through the Service may be accessible and viewable by other users. Please do not share any personal information via the Service or any other information that you are not comfortable in providing.
5.2 Responsibility for User Content. User Content is the sole responsibility of the user from whom such User Content originated, and you agree that you are solely responsible for any User Content uploaded, posted, transmitted, store or otherwise made available by you. Developer assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring inappropriate content or conduct.
5.3 No Obligation to Monitor Content. Developer 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 acknowledge and understand that 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 Use Content available in connection with the Service. At our discretion, our representatives or technology provided by our partners may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. You hereby provide your irrevocable consent to any monitoring and recording of the User Content and information. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. For the avoidance of doubt, Developer assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Developer shall have the right (but not the obligation) to edit, refuse to post or remove any User Content that fails to comply with these Terms of Service.
5.3 5.4 Licence. You hereby grant to Developer an irrevocable, non-exclusive, perpetual, transferable, fully paid-up, sublicensable, assignable, royalty-free, worldwide licence and right to copy, reproduce, adapt, modify, create derivative works of, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, communicate to the public by any means, display, perform, and use, in any way, your User Content as well as all modified and derivative works thereof in connection with provisioning, including marketing and promotions, the Service and any other Developer games and services.
5.5 Other rights granted to the Developer. You also hereby grant to Developer:
- the right to authorise others to exercise any of the rights granted to Developer under these Terms of Service; and
- an unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content without any further obligation or compensation to you.
Except as prohibited by law, you waive any rights of attribution and/or any moral rights or rights of publicity or privacy you may have in your User Content. This shall not restrict any rights that you may have to use and exploit your User Content.
5.6 Interactions with other Users. The Service enables users to interact with one another. 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 (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Developer reserves the right to become involved in any way with these disputes, but for the avoidance of doubt is under no obligation to do so. You will fully cooperate with Developer to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Developer access to any password-protected portions of your Account.
6. Purchases and Payment Terms
6.1 Purchases. The Service may include virtual, in-game currency (“Virtual Currency”), such as credits, coins, cash, or points, and virtual, in-game digital items (“Virtual Goods”) such as clothing, diamonds or accessories that may be purchased with “real world” money. Virtual Currency may also be used to purchase Virtual Goods (Virtual Goods together with Virtual Currency “Virtual Items”). You agree that once purchased, Virtual Items have no monetary value and cannot be exchanged for real goods/services or for real money from us or anyone else.
You understand that you do not own Virtual Items but instead you purchase a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable licence to use the Virtual Items as part of the Service under these Terms of Service. We reserve the right to control, change, regulate or remove any Virtual Items without any liability to you or any third party.
The transfer of Virtual Items is prohibited except where expressly authorised. Other than as expressly authorised in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Developer, another user or any third party. You also agree that you will only obtain Virtual Items from us, and not from any third party.
6.2 Payment. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Developer may revise the pricing of Virtual Items and/or any other goods and services offered through the Service at any time. All purchases made through the Service are final and non-refundable. The provision of Virtual Items for use in the Service is a service provided by Developer that commences immediately upon acceptance by Developer of your purchase. Virtual Items purchased in other platforms such as Apple iOS will be subject to those platforms’ payment terms and conditions. Please review the relevant platforms’ terms of service for further information.
YOU AGREE AND ACKNOWLEDGE THAT DEVELOPER IS NOT REQUIRED TO PROVIDE A REFUND OF ANY FEE FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY
YOU MUST HAVE THE BILL-PAYER’S PERMISSION BEFORE YOU PURCHASE ANY VIRTUAL ITEMS THROUGH THE SERVICE. You are able to protect your Apple iOS account from unintentional or unauthorised purchases. Please follow https://support.apple.com/en-gb/HT204396 for more information. We reserve the right to refuse to permit minors to use the Service at our discretion.
6.3 How it Works. In respect of Virtual Items, your order is an offer to the Developer to purchase a licence (as described in 5.1, above) to use Virtual Items on the Service. This order will be accepted by us when we credit the Virtual Items to your account, or debit the account through which you paid, whichever occurs first.
If you are a consumer living in the European Union, you have a period of 14 days to withdraw from distance contracts for the purchase of digital content. However, you acknowledge and understand that when you purchase a licence to use Virtual Items from us, you:
- Expressly consent to the immediate supply of Virtual Items; and
- Acknowledge that your right of withdrawal under the European Union’s Consumer Rights Directive (as implemented in your jurisdiction) is lost once you receive the Virtual Items.
6.4 Ownership Developer retains ownership of the game and the copies of the game (if applicable) and all other elements of the Service (including Accounts) and all rights, title and interest in and to the content related to the Service. You acknowledge that you have no right or title in or to any content related to the Service, including without limitation the Virtual Items appearing or originating, whether earned by utilising the Service or purchased, or any other attributes associated with an Account or stored in the Service. Accordingly, you have no other interest, including no property, proprietary, intellectual property, ownership, or monetary interest, in your Virtual Items, which remain in Developer’s ownership.
7. Disclaimer of Warranties, Limitation of Liability and Indemnification
7.1 DISCLAIMER OF WARRANTIES. SUBJECT TO THE REMAINDER OF THIS 7.1, TO THE MAXIMUM 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.
Developer does not warrant or make any representations, conditions or other terms of any kind including but not limited 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 Content to or via the Service; </li>
- The ability 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 Service is free of viruses or other harmful components.
If you are a consumer residing in the European Union, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable skill and care, and any digital content provided is of satisfactory quality). Nothing in these Terms of Service shall have the effect of excluding or limiting those implied statutory warranties which may not be excluded or limited under applicable law.
7.2 LIMITATION OF LIABILITY. YOU ACKNOWLEDGE THAT DEVELOPER SHALL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES;
- LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION; OR
- OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO CASE SHALL DEVELOPER’S LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO DEVELOPER IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE MAY BE TO UNINSTALL IT AND/OR TERMINATE YOUR USE OF IT.
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 Developer 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 Developer’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 developer.
Notwithstanding the foregoing, the following will apply for consumers resident in the European Union:
- If we do not comply with our obligations to you under these Terms of Sercvice or are negligent in providing the Service to you, we are responsible for any loss or damage that you suffer that was a “foreseeable result” of such breach or negligence. Loss or damage is a foreseeable result if it is an obvious consequence of our failure to comply with these Terms of Service or if it was contemplated by you and us at the time we entered into the contract;
- If you purchase digital content through the Service that is faulty, you are entitled to request that it is repaired or replaced;
- If the fault cannot be fixed within a reasonable time, you may be entitled to receive a full or partial refund of any fees paid (if any) for the content; and
- If you can demonstrate that the fault has damaged your device and the Developer has not used reasonable skill and care, then you may be entitled to a repair or to compensation.
We will do our best to make sure that the Service is uninterrupted and error free, although we cannot guarantee this. If we need to suspend or restrict access to, or update, the Service, we will do its best to minimise any disruption to users. We recommend that users to install virus protection software on any devices the user uses to access the Service.
7.3 Indemnification. You shall defend, indemnify and hold harmless Developer, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable legal fees, asserted by any third-party resulting from arising from or related to your use of the Service, your breach of these Terms of Service, or any act or omission by the User relating to the Service, (including the above warranties and representations relating to User Content). Developer reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
8. Suspension and Termination of Account and Service
8.1 Developer’s Right to Terminate. Developer reserves the right to terminate any Account that has been inactive for 180 days, irrespective of whether Virtual Items remain credited to any Account.
Without limiting any other remedies, Developer may, at its sole discretion, limit, suspend, terminate, modify, or delete accounts or access to the Service or portions thereof if you fail, or if Developer suspects such failure, 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 persona as a result of account termination, limitation or claim by a third party, as well as any benefits, privileges, earned items and purchased items, and Developer is under no obligation whatsoever to compensate you for any such losses or results.
Without limiting our other remedies, Developer may limit, suspend or terminate the Service and user accounts or portions thereof, prohibit access to our game and website, 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.
Developer reserves the right to stop offering and/or supporting the Service or part of the Service at any time with or without notice to you, at which point your licence will be automatically terminated. In such event, Developer shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
8.2 Your Right to Terminate. You may terminate your Account at any time and for any reason informing Developer of such by contacting us by email at the address provided at the end of these Terms of Service.
9. Disputes and Applicable Law
9.1 Disputes. If a dispute arises between you and Developer, you should always to firstly contact Developer directly to seek a resolution. This should be done by contacting us by email at the address provided at the end of these Terms of Service and following the procedure therein.
9.3 Residents Outside of the USA. If you are a resident outside of the United States, you agree that all disputes between you and Developer shall be governed by the laws of Finland, without regard to conflict of law provisions. You also agree to submit to the non-exclusive jurisdiction of the courts of Helsinki, Finland to resolve any claim or dispute you may have against Developer.
9.4 Online Dispute Resolution. In addition, if you are a resident of the European Union, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform by using the following link: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm
10.1 Additional policies. Developer may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such service is subject to those specific policies and these Terms of Service.
10.5 Notice. Developer may notify users via postings on the Service, website, and via e-mail or any other communications means to contact information provided to us. All notices given to Developer shall be in writing and addressed to the address here below. Any notices that provided without compliance with this section to Developer shall not be valid.
10.7 Equitable Remedies.You acknowledge that the rights granted and obligations made under these Terms of Service to Developer are of a unique and irreplaceable nature, the loss of which shall irreparably harm Developer and which cannot be replaced by monetary damages alone so that Developer 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, 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).
10.8 Force Majeure. Developer shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Developer, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Developer’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.
10.9 Updates to Terms of Service. Developer may change these Terms of Service from time to time and all changes hereto will be made available on Developer website and you will be notified of the same in the game or other applicable Services. We may change these Terms of Service for a number of reasons including without limitation because we change the nature of the Service, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then your licence to use the Service shall immediately terminate and you shall stop accessing and/or using the Service.
10.10 Compatibility. Although we are working to ensure that the Service is compatible across various devices, we cannot guarantee that it will work on all devices and it is your responsibility to ensure that you are able to comply with the relevant system requirements as described by us. Your use of the Service and enjoyment of its features and content hosted or made available through it may vary in functionality, availability and quality depending on the type of device you use.
10. Contact Us
The Service is offered by Sulake Oy, a private limited company incorporated under the laws of Finland with its principal place of business in Helsinki, Finland.
Attention: Legal Department
00530 Helsinki, Finland
VAT number FI20114339