Boomlagoon Terms of Service
Last updated 11 February 2013
The following terms constitute an agreement between you and Boomlagoon Oy (referred to below as “we”), governing your use of our Services.
Please review this document carefully. By indicating your acceptance, we trust that you have actually read these terms. If the terms are unclear or raise concerns, please contact us at firstname.lastname@example.org and we will do our best to help you.
Note that in addition to these Terms of Service, we can, from time-to-time, publish various policies related to the use of our Services (“Policies”). These Policies form an integral part of these Terms of Service, so you must review and accept any such Policies before you can continue using our Services. These Policies, when published, will be made available on our website.
1. Our Services
These Terms of Service apply to our games (including Noble Nutlings), as well as our website located at http://www.boomlagoon.com (“Service(s)”).
2. Your Eligibility
Our Services are generally available to people of all ages, subject to the following limitations:
Subject to you meeting the eligibility criteria set out in Section 2, and complying in full with these Terms of Service, and in particular the license restrictions set out below, we grant you the right to access and use our Services for your own personal non-commercial use. You agree not to use the Services for any other purposes.
License restrictions. You are expressly prohibited from doing any of the following acts:
If we, in our reasonable discretion, consider that you are violating the terms of the license and these Terms of Service, we reserve the right to, in addition to any other remedies available, to suspend or close down your user account.
4. Third Party Content
Some of our Services can make it possible for you to purchase virtual items, such as virtual currency, using real world currency. The real world prices for the virtual items are set by us, but you can check the price in the Service before making the purchase. We reserve the right to (i) change prices, (ii) change inventory of virtual goods available or (iii) remove all virtual goods from the Service altogether.
Before making any purchases, you must accept that
Our Services are protected by copyright, trademark, trade secrets and other intellectual property rights of Boomlagoon and our licensors. These Terms of Service do not grant you any rights in our Services as such, except for your right to use the Services in accordance with these Terms of Service.
In some cases you might be able to submit you yourself have generated into our Services. We claim no intellectual property rights over such material. Your materials remain yours. However, unless and until otherwise expressly informed by you, you grant us a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of, such material solely in our Services.
8. No Warranty
We provide our Services on an “as is” and “as available” basis. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES OR ANY THIRD PARTY CONTENT, TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability
You agree to indemnify and hold us (and our directors, employees or partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your license to use the Services will terminate automatically if you fail to comply with these Terms of Service. After termination, you must delete all copies of any software and documentation related to the Services that you have installed on your device.
11. Governing Law and Jurisdiction
In the event a dispute arises between you and us, please email us at email@example.com, and we will work quickly towards a solution. Should we not be able to solve such a dispute amicably in due course, such disputes shall be resolved in the first instance exclusively in the District Court of Helsinki, Finland. These Terms of Service shall be subject to the laws of Finland, excluding its choice of law provisions.
12. General Provisions
Your rights and obligations under this Agreement (including the license) are personal to you, and are thus not assignable.
Because we are constantly developing our Services, we need to reserve the right, at any time and our sole discretion, to i) change these Terms of Service, ii) launch, change or close down Services. When we do so, we will use our reasonable efforts to notify you of what we have done. This notification can happen either via our website, via the Service, or via an email notice sent to your email address you gave us at registration if you are registered user.