Terms of Service
1 Acceptance of these Terms of Service
Angry Birds is developed and published by a Finnish company Rovio Entertainment Ltd, Finnish Business Identity Code 1863026-2 (“Rovio”). All Intellectual Property Rights are owned by Rovio and its licensors.
Your (“You”) use of the shop.angrybirds.com website made available by Rovio (collectively the “Online Shop”) and any Products (as defined below) You order via the Online Shop is governed by these Terms of Service (“Terms of Service” or "Terms") unless otherwise specified.
These Terms govern your use of the Online Shop. Please read these Terms carefully as they impose legal obligations on you and us. BY USING THE ONLINE SHOP, YOU CONSENT TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS AND/ OR USE THE ONLINE SHOP.
In addition, for certain activities on the Online Shop, we may further confirm your consent by asking you to click an "I accept" (or equivalent) button.
Subject to Your acceptance of and compliance with these Terms of Service, Rovio grants You a personal, limited, non-exclusive, revocable and non-transferable license to use the Online Shop solely for Your personal and non-commercial purposes as set forth in these Terms of Service.
2 Contact Details of Rovio
Rovio Entertainment Ltd
Business identity Code: 1863026-2
Address: Keilaranta 17, FI-02150 ESPOO, FINLAND
3 Provision and Use of the Online Shop
Rovio has the right to provide the Online Shop as it deems appropriate including the right to amend the Online Shop. If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense. Rovio aims to notify You of any substantial changes that materially affect the use of the Online Shop a reasonable time in advance.
Rovio reserves the right to suspend or terminate the Online Shop for any reason, which may include, for example, where necessary for installation, amendment or maintenance or as otherwise may be required by law.
By using our Online Shop, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code, you shall not:
1) Use the Online Shop in a manner that could disable, overburden or impair the Online Shop or interfere with any other parties' use and enjoyment of the Online Shop
2) Seek to obtain access to material or information that we have not intentionally made available to you on the Online Shop through "hacking," "scraping" or other means.
3) Submit material that is intentionally false, defamatory, misleading, threatening or unlawfully harassing.
4) Transmit material through the Online Shop that you know or should know contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information.
Rovio may use subcontractors to fulfill its obligations pertaining to the Online Shop and/or these Terms of Service.
4 Products, Shipping and Product Return Policy
By using the Online Shop You may purchase certain products, including but not limited to Angry Birds toys (such as plush toys, apparel, accessories (such as telephone cases), and books and stationery, (“Tangible Products”). The sale becomes binding between You and Rovio when Rovio receives Your payment.
Certain products, such as games for Your PC and mobile games may be in a digital form ("Digital Products"). Please note that any such Digital Products are subject to separate licensing terms and conditions than those set forth herein. Further, Digital Products are not subject to the right of withdrawal and may not be returned, as further specified below. The term "Product" means, collectively (i) Tangible Products, and (ii) Digital Products.
Information on Product delivery times and other Product information is specified in the Online Shop at [ADD LINK]. Rovio takes commercially reasonable efforts to provide You with Product information that is as accurate as possible. Rovio does not however warrant that the Product information or other content on the Online Shop is accurate, reliable, complete or error-free. Should a Product offered by Rovio itself appear to be contrary to the Product information provided by Rovio, Your sole remedy is to return the Product(s) in unused condition as set forth below.
Shipping times may vary depending on the Product, its availability and other possible practical factors. Please check the shipping times for each Product separately.
Should You wish to receive a printout of an order You have placed, this can be done by printing out the order confirmation You receive after You have placed Your order. This confirmation will be sent to You by e-mail after You have completed the order process by clicking on "Complete my Purchase" (or an equivalent) and once your payment information has successfully been processed. Further, you will receive a shipping confirmation once the Product(s) have been shipped to You.
You have the right to return certain Product(s) You have ordered by contacting Rovio at email@example.com within 14 days from the delivery of the Product(s). Please include the following information in Your message when You contact Rovio:
- Order number
- Names and amounts of the Products that should be returned
Digital Products not subject to right of withdrawal
Please note that Digital Products may not be returned and are not subject to a 14 day right of withdrawal as specified, for example, in Chapter 6 Section 15 of the Finnish Consumer Protection Act 38/1978. The delivery of the Digital Product(s) in question has in accordance with Your consent electronically commenced before the end of the withdrawal period and You have been informed of the nonexistence of the right of withdrawal pursuant to Chapter 6 Section 16 of the Finnish Consumer Protection Act.
The prices in force from time to time are specified in connection with each Product. Shipping charges are added when applicable and they may vary in accordance with the shipping destination and other applicable practical factors. The prices are subject to public charges determined by the authorities, including value added tax pursuant to the legislation in force from time to time. Public charges are added to the prices in check out and update when shipping destination is selected. Please note that the public charges may vary depending on the shipping destination. Payment will be done at the time of purchase using the available payment methods.
Additional customs, duties as well as brokerage charges may however apply depending on the shipping destination and will be collected at the time of delivery. Please note that Rovio is not responsible for such charges.
Accepted payment methods are specified in the Online Shop. You can pick the payment method You wish to use during the checkout process.
We have put in place security systems, physical and technical safeguards, and quality controls designed to prevent unauthorized access to, or disclosure of, personal information (collectively, the "Security Safeguards"). Our Security Safeguards are structured to deter and prevent unauthorized users and others from accessing personal information. Please understand that our Security Safeguards are not fail-proof and, due to the nature of internet communications and evolving technologies, we cannot provide, and expressly disclaim (to the extent permitted by law), assurance that the information we receive about you via the Online Shop will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access. Please note that you play a key role in protecting the security of your personal information. For example, you should guard your password to our Online Shop, and not give it to others to use. In addition, you should close your browser when have finished viewing your information on our Online Shop, to prevent others from viewing your personal information.
6 Intellectual Property Rights
Rovio (or its licensors) shall own all rights, title and interest in and to the Online Shop as well as any material in or provided through the Online Shop, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (“Intellectual Property Rights”). You shall not receive any ownership rights by using the Online Shop.
You agree not to provide Rovio with Feedback that is subject to a third party license that requires Rovio to license the Online Shop or the material contained therein to third parties because Rovio includes Your Feedback in the Online Shop. Further, Rovio does not wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by Rovio. Any Feedback that You submit to Rovio will be deemed non-confidential or non-proprietary, unless Rovio has expressly stated otherwise to You in writing. By providing Feedback, you represent and warrant that you own such Feedback (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right to the Feedback in order to provide the rights set out in this Section 7 (Feedback). For example, by emailing us a product review along with a photo of your experience with that product, you represent and warrant to us that you have obtained the necessary permission from anyone appearing in the photograph to grant us the rights in the photograph.
8 Indemnification; Claims Against Other Users
You shall be liable and agree to indemnify Rovio and third parties for and against all damages, which are caused by Your unlawful behavior or Your breach of these Terms of Service.
You agree that in the event that You have any right, claim or action against visitors or other users of our Online Shop arising out of that person's use of the Online Shop or material and information obtained from the Online Shop (including, but not limited to, personal information and Feedback), then You will pursue such right, claim or action independently of, and without recourse to, us.
9 Links to Third Party Sites
The Online Shop may contain links to sites, which are owned or operated by third parties (“Third Party Sites”). Rovio does not control and shall not be responsible for the content, website privacy practices, or for products or services offered by third parties. Further, the content on Third Party Sites may be subject to separate terms of service and/or privacy policies, the contents of which Rovio recommends You review.
10 Force Majeure
A force majeure event shall discharge Rovio from its obligations with respect to the Online Shop in the event that the said force majeure event prevents or unreasonably impedes the performance pertaining to the Online Shop. Examples of force majeure include fire, earthquake, flood, explosion, strike or other stoppage of work, orders of public authorities, disruption of energy supplies, shortage of raw materials or equipment, disruption of cable or other data communications caused by or arising from outside factors, or other comparable causes that were not foreseen and that could not reasonably have been prepared for in advance.
Rovio shall seek to announce force majeure through the Online Shop immediately whenever such announcement is possible.
11 Amendments and Termination
Rovio has the right to amend these Terms of Service by notifying You of such amendments reasonably in advance. Rovio delivers the amended Terms of Service to You via the Online Shop or some other suitable means at its discretion. Your continued use of the Online Shop after receiving the notification regarding such amendments shall be deemed as Your acceptance of the amended Terms of Service.
In the event You do not accept the amended Terms of Service and if You and Rovio do not agree otherwise in writing, Your right to use the Online Shop shall terminate on the effective date the amended Terms of Service.
Rovio may also at its discretion notify You of amendments and make the amended Terms of Service available without prior notice the next time You access the Online Shop and make continued use of the Online Shop conditional upon Your acceptance of the amended Terms of Service (for example by clicking “Accept”). However, should You choose not to accept the amended Terms of Service made available to You in accordance with this paragraph, Your right to use the Online Shop shall terminate immediately.
If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the invalid provision to the extent possible.
12 Limitation of liability
The Online Shop is provided on an “AS IS” and "AS AVAILABLE" basis without warranties of any kind. Rovio does not warrant that the Online Shop will function without interruptions or error-free. Rovio shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented in the Online Shop nor for the content or other features of the products or services offered on or conveyed through the Online Shop. Further, Rovio shall not be liable for the content in the Online Shop, including without limitation the data, Feedback or any other information exchange media on or connected with the Online Shop.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, SHALL ROVIO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE ONLINE SHOP OR PRODUCTS. ADDITIONALLY, BY USING THE ONLINE SHOP, YOU ALSO WAIVE THE RIGHT TO REVCOVER ANY ATTORNEYS FEES, COSTS OF SUIT, OR TAXED COSTS. FURTHERMORE, BY USING THE ONLINE SHOP, YOU WAIVE THE RIGHT TO ANY REMEDY FOR NON-DELIVERY OR BREACH OF WARRANTY UNDER THE UNIFORM COMMERCIAL CODE. IN NO EVENT SHALL ROVIO's AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO, OR ARISING OUT OF, THE ONLINE SHOP OR PRODUCTS RECEIVED FROM ROVIO EXCEED THE LESSER OF THE PRICE YOU PAID FOR THE APPLICABLE PRODUCT OR U.S. $250.00.
13 Applicable law and settlement of disputes
These Terms of Service and the contractual relation related thereto shall be governed by the laws of Finland. Disputes arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, any subsequent legal or equitable action shall be filed in the District Court of Helsinki, Finland and no other jurisdiction.TO THE EXTENT YOU AND ROVIO ARE NOT ABLE TO AMICABLY RESOLVE ANY DISPUTE THAT MAY ARISE, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ROVIO ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms shall not be assignable by You, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.
15 Monitoring Online Shop Use
You agree that we have the right and discretion to monitor any activity and content associated with our Online Shop. We may investigate any reported violation of these Terms or complaints relating to the Online Shop, and may take any action that we believe is appropriate including, but not limited to, removing materials from the Online Shop and terminating/suspending your access to the Online Shop.
These Terms may be translated into languages other than English ("Translations"). Any communications sent by us to You shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.
17 Obtaining a Password; Use of your Password
We may make certain areas of our Site accessible only to users that have a user ID and password. If we do so, and if You obtain a user ID and password, please keep in mind that we will treat anyone who uses Your user ID and password as "You." We will provide this user with all of the rights and privileges that we provide to You, and we will hold You responsible for user activities associated with Your user ID and password. We therefore recommend that You maintain Your user ID and password in confidence, and that You do not disclose this information to anyone who might "pretend" to be You with respect to Your use of our Online Shop. We also recommend that You notify us immediately if You suspect that someone is using Your user ID and password in this manner.