Aniway Oy
Terms of Service
End user license agreement
These Terms of Service (“Terms”) apply to:
the use of any and all services provided by Aniway, including games or applications that are or have been developed and/or published or in some other way distributed by Aniway. The Terms also apply to the webpages of Aniway and the developed/published/distributed games or applications.
These Terms govern the relationship between you (“You” or “User” later on in this document) and Aniway regarding the use of the Services.
By using any part of the Services (including but not limited to downloading, installing and/or accessing) you agree to these Terms and accept to be bound by the Terms. These Terms affect your legal rights and obligations: do note that if You do not agree to the Terms, you may not use our Services.
The Services are intended for people who are 13 years old or older. Persons under the age of 13 are prohibited from creating accounts in the Service. If you are of age under 18, or a minor (according to laws applicable to You), You represent that your legal guardian or legal representative has reviewed and agreed to these Terms and you have permission to use the Services (including but not limited to accessing the Services). Use of the Services is also governed by Aniway’s Privacy Policy at the address: http://www.aniway.fi/privacy-policy/
Aniway may and can make changes to these terms at any time, and your continued use of the Services shall confirm your acceptance of the updated terms. In addition to these Terms, You agree to abide by any possible supplemental policies of the Services, such as: policies related to specific services (including but not limited to forums, chats and different contests) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.
If and when you access the Services using a mobile network, Your network or roaming provider’s rates and fees will apply (including but not limited to the messaging and data). Using the Services (including but not limited to downloading and installing) may be restricted or prohibited by your network provider and some or all parts of the Services may not work with your device or network provider.
Use of the Services
The Services are provided to You, only for your personal and non-commercial use. You agree that you shall not sell, rent or give away your Services, or create Services account by using a false identity or information, or on behalf of someone other than yourself. You are not allowed and shall not use the Services if you have previously been removed from using any part of the Services by Aniway, or previously been banned from playing any of the Aniway’s games.
Subject to your compliance with these Terms, Aniway grants to You a limited, nonexclusive, non-sublicensable and non-transferable right to use the Services and the executable versions (not including any source code) of any games (including but not limited to any software or applications) included in the Services. You may not use any part of the Services for any purpose other than the permitted use of the Services.
You understand that for reasons that include but are not limited to, system security and stability, Services may need to automatically update, pre-load, create new versions or otherwise enhance the application and the system requirements to use the application may change over time. These Terms do not entitle You to future updates, new versions or other enhancements of the application although Aniway may choose to provide such updates etc. in its sole discretion.
You shall give to Aniway correct personal and other information necessary for using the Services if such information is required by the Services. You shall inform Aniway of any changes to such information. You become a registered user of the Services by signing into the Services by using the in-app or in-game registration or any possible registration form on the Services’ webpages. In some cases the registration can be done using your social networking credentials (e.g. Google or Facebook login information) or by creating a Services account. You shall comply with the terms of service/use of nay social networking service as well as these Terms if using such third party service to register into the Services. You shall not create more than one account per platform to access the Services.
You are solely responsible for all your use of the Services. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that You are personally responsible for the use of your Services account and for all of the communication and activity in connection with the Services. You are responsible for any use of of any payment instruments (including but not limited to your credit card) by third parties including minors.
Without limiting any other remedies, Aniway may limit, suspend, terminate, modify, or delete access to the Services or parts thereof if You fail to comply, or if Aniway suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Aniway services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Services, material, content, in-app-purchases, privileges and/or items associated with your use of the Services, and Aniway is under no obligation whatsoever to compensate You for any such losses or results.
You may not sell, transfer or charge others for the right to use the Services or your Services account. Aniway 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.
You are solely responsible for your interactions with other users of the Services and any other parties with whom You may interact through the Services.
You may not use any means (technological or other such as by cheating or using bugs or glitches in the Services, or by using third party tools or software) to use the Services in a way that is not within the spirit of fair play or these Terms. You agree that You will not:
use the Services for abusive or fraudulent purposes (including but not limited to, by using the Services to impersonate any entity or person, or otherwise misrepresent our affiliation with an entity or person or our Services);
hide, disguise or anonymize your IP address or the source of any content that You may upload;
disrupt or interfere with the Services, servers or networks that provide the Services;
attempt to hack, decompile, reverse engineer, disassemble any of the Services, or to overcome or defeat any of the security measures or encryption technologies or data transmitted, processed or stored by us;
scrape, harvest or collect any information about or regarding other people that use the Services, including but not limited to any personal data or information (including but not limited to pixel tags cookies, graphics interchange formats (gifs) or similar items a.k.a spyware or pcms (passive collection mechanisms));
disrupt the normal flow of a game or in any way act in a manner that is likely to negatively affect other players’ ability to play and compete fairly when playing the games;
disobey any regulations or requirements of any network that is connected to the Services;
circumvent any technological measures that are designed to control access to the Services or elements belonging to the Services;
on certain devices You may be able to control what device system permissions You give to the Services. Aniway’s Services are intended to be used with the full permissions, typically listed upon the Service part’s installation: refusing any of these permissions may cause the Services not to function normally and properly.
IPR (Intellectual Property Rights)
All rights, title and interest in, and to the Services (including the related software and media), the design of the Services and any associated content (including but not limited to text, scripts, graphics, interactive features and the like), and the logos, trademarks and service marks contained therein (“Aniway Property”) are owned by or licensed to Aniway, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Aniway does not grant any express or implied rights to use Aniway Property, except when expressly provided in the Terms, .
You are hereby granted a nonexclusive, limited, non-sublicensable and non-transferable license to access and use the Aniway Property only in connection to the usage of the Services in a way that is in accordance with these Terms. Any use of the Aniway Property and/or the Services, other than specifically authorized in the Terms, is prohibited and will terminate your license to use the Services. For avoidance of doubt, You are forbidden from ripping any content unless specifically allowed, and You have no right to sell (or otherwise solicit) any items included in the Services and
Notwithstanding anything to the contrary herein, you agree and acknowledge that You shall have no ownership (or other property interest) in the Services and You further acknowledge and agree that all rights in and to the account and any content (including currency whether earned or purchased and virtual items) in the Services are and shall be the property of and owned by Aniway. You agree not to move or amend any proprietary notices or other ownership information from the games, or any other part of the Services;
Parts of the Services may allow you to upload material (including but not limited to user generated content) to Aniway and/or into the Services and/or publish it through the Services. By uploading material to Aniway or to the Services you warrant to Aniway that you have the necessary rights to upload and/or publish such material. You agree that any information or material, including but not limited to chat discussions, uploaded or shared the Services to harm anyone or to cause offence to or harass any person.
For the avoidance of doubt, regarding any possible publishing or distribution of your game, when submitting your game to Aniway you retain all rights to your game except as necessary for Aniway to inspect, comment, test and otherwise review the game.
Third-Party Services and Material
The Services may contain links to websites operated by third parties, or feature content which is made available by third-party services, and enable You to access and use certain third-party services (including but not limited to video sharing services). Use of any websites operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Aniway assumes no responsibility for such third-party services and/or content in third-party services.
These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as an application store including but not limited to Apple iTunes App Store or Google Play) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.
Virtual Items, Fees and Purchases
Some features (as specified in more detail in the relevant Service description, and in-game when applicable), are available to Users for free and may be available against the payment of relevant fees. The Services enable You to purchase, with real world money, a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual money and virtual in-game items or additional virtual features within the Services. Aniway may manage, control, modify, regulate or eliminate such virtual money or virtual items offered in the Services at any time, with or without notice. Aniway has no liability to You or any third party in the event that Aniway exercises any such rights. The transfer of any virtual materials to other users is prohibited except where expressly authorized in the Services. Virtual items or in-game virtual currency purchased, or available to you in the Services (including but not limited to games) can only be used in connection with the relevant part of the Services .
You can buy virtual money with real money if you are at least 18 years old (or of other legal age under applicable laws). All purchases made in connection with the Services are final and non-refundable, however without limiting the possibility of a refund (if any) from the application store (in accordance with the relevant terms and conditions applicable to purchases from that application store) or applicable mandatory law or laws. You will be given an opportunity to consent to delivery at the time of purchase and by consenting to delivery, You acknowledge that You have lost the right to cancel and the purchase fee is non-refundable. The provision of any virtual material and features for use in the Services is a service that commences immediately upon acceptance by Aniway of your purchase. NO REFUND OF ANY FEES SHALL BE AVAILABLE, SAVE FOR AS PROVIDED ABOVE. PLEASE DO ACKNOWLEDGE THAT YOU WILL NOT RECEIVE MONEY (OR OTHER COMPENSATION) FOR PURCHASED AND/OR UNUSED VIRTUAL ITEMS WHEN THE ACCESS TO THE SERVICE OR ACCOUNT IS CLOSED WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Some games on certain devices may allow you to save your game settings (including but not limited to purchases and/or virtual items) and progress to your Services account or to third-party servers including cloud servers (for example through your devices operating system or application store).Your purchases and/or virtual items may be stored also on your device only, and may not be stored by Aniway. You could lose your purchases and/or virtual items e.g. if the Services is deleted from the Your device. Aniway is not liable for any data corrupted or lost from Aniway’s or any third party’s services including cloud services.
You are solely responsible for any costs (including but not limited to any additional payment processing fees which may be applicable) you incur to access or use the Services through any internet, mobile or other communication service, such as any fees for downloading, installing, messaging, and other data usage on an Internet provider’s or mobile network, as well as for acquiring any additional features.
Personal data and Security
Use of Your personal data is governed by Aniway Privacy Policy:
http://www.aniway.fi/privacy-policy/
You do approve to processing your personal data in accordance with the Aniway Privacy Policy by using the Services (including but not limited to downloading, installing, accessing or using).
Aniway shall take appropriate measures to prevent unauthorized access to your personal data, improper use of and the reasonable accuracy of your personal data, submitted to Aniway via the Services. We may use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Aniway servers is not generally available to the public. Please do note that the use of internet services always includes security risks.
You shall be liable for all your own equipment, software and internet connectivity as well as ensure that they do not cause harm to Aniway and/or third parties. You agree not attempt to in any way hack, crack, damage or reverse engineer, or otherwise interfere, with the Services in any manner.
Support and Modifications
Aniway shall have no obligation to provide maintenance or support for the Services under this Agreement. Aniway may, at its sole discretion, provide limited customer support in the Services.
You do understand that the Services are constantly evolving. As long as your license for the Services is valid You are entitled to updates and upgrades of the Services. All updates and upgrades are provided to You on a license exchange basis. You agree that by using an update or upgrade You voluntarily terminate your right to use any previous version.Updates and upgrades may be licensed to You by Aniway with additional or different terms. You may need to update your equipment like device and/or third party software from time to time in order to use the Services.
Social Media and Game Content
You may freely upload captions (including but not limited to video, screenshots or audio) of the Services to social media services, online video services and to online picture sharing services . All such material must be uploaded without editing them in any way that misrepresents the Services or any games included in the Services.
Disclaimer / No Warranty
The Services are provided to You by Aniway “as is”. To the maximum extent permitted by applicable law, except as provided above, ANIWAY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS PERFORMANCE AND QUALITY.
Indemnification
You agree to defend, indemnify and hold harmless Aniway, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or portion hereof, or any act or omission by You relating to the Services. Aniway reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.
Limitation of Liability
You understand and acknowledge that Aniway will not be liable for any network-related problems attributable to the operation of the Services and that network configuration changes may affect the system’s performance.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANIWAY SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES, AS SET FORTH HEREIN, INCLUDING ANY PHYSICAL OR SOFTWARE DAMAGE TO YOUR DEVICES. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY GAMES OR APPLICATIONS ASSOCIATED WITH THE SERVICES AND TO DISCONTINUE THE USE OF ANY WEBPAGES INCLUDED IN THE SERVICES.
ANIWAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ANIWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF ANIWAY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to You.
Force Majeure
For causes outside the reasonable control of Aniway, Aniway shall not be liable for any delay or failure to perform resulting from, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Aniway’s control such as:
war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of fuel, energy, labor, transportation facilities, or materials.
Provisioning of the Services and Termination
Aniway shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to You and reserves the right to discontinue any aspect of the Service at any time. The license to use the Services granted under these Terms remains in effect until terminated by You or Us.
You may terminate the license at any time by uninstalling or destroying the applications relevant to the Services in your control or possession. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Services and promptly delete any games and/or applications associated with the Services. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any virtual money and/or virtual goods associated with that account, and no refund will be offered to you in relation to the same. Aniway shall have the right to, at its sole discretion, decide upon provision of the Services and making it available to You and reserves the right to discontinue any aspect of the Services at any time.
You understand and agree that the cancellation of the license is your sole right and remedy with respect to any dispute related using the Services.
General
Aniway may assign or delegate its rights and obligations under the Terms and/or the Aniway Privacy Policy, in whole or in part, to any person or entity at any time without your consent. You are not allowed nor may not assign or delegate rights or obligations under the Terms or Privacy Policy without Aniway’s prior written consent.
Aniway may publish additional policies related to specific games or applications. Your right to use such game or application is subject to those specific policies and terms. These Terms, any supplemental policies of Aniway and any documents expressly incorporated by reference herein (including the Aniway Privacy Policy), contain the entire understanding of You and Aniway, and supersede all prior understanding between You and Aniway.
These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of your country or jurisdiction. These Terms do not change your rights under the mandatory provisions under the laws of your country or jurisdiction. When you use the Services, you agree that we may begin to provide the services immediately and that you will not be entitled to a cancellation or cooling off period, except if the mandatory provisions of the law requires such cooling off period. You and Aniway agree that if any portion of the Terms, or if the Aniway Privacy Policy, is found unenforceable or illegal, 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 the remaining provisions of the terms, which shall continue to be in full force and effect.
Aniway reserves the right to change the fees related to the Services at any time, and the right to change, modify, remove or add portions of the Terms and its Privacy Policy at any given time. We encourage you to check the Terms and Privacy Policy regularly. You will be deemed to have accepted such changes by continuing to use the Services. Aniway may notify Users by posting a note in the Services of any substantial changes to the Terms. Further, if at any point You do not agree to any portions of then-current version of our Terms, Aniway Privacy Policy, or any other Aniway policy, codes of conduct or rules relating to your use of the Services, your license to use the Services shall immediately terminate, and You must immediately stop using the Services. Please do check the Services on a regular basis so that You remain aware of the then-current Terms.
Aniway, its employees and its affiliates agree not to disclose any information regarding any games or applications submitted to Aniway unless otherwise specified by the game’s or application’s developer. For the avoidance of doubt this non-disclosure does not apply to information i) that was in Aniway’s possession prior to disclosure, ii) that was public at the time of the disclosure or has become public after the disclosure.
By submitting your game or application to Aniway you acknowledge that Aniway is in no obligation to develop, publish, discuss, comment or in any other way promote your game. All parts of Aniway’s possible activity regarding evaluating a game or application for publishing shall be deemed informational only and not constitute as advice.
Disputes and Applicable Law
All disputes relating to the Services and the Terms shall be settled at the District Court of Helsinki, Finland having the sole jurisdiction.
These Terms shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions.
Contact information:
Aniway Oy
Business ID: 1570734-0
Email: aniway@aniway.fi
www: www.aniway.fi