These terms of service (“Terms”) apply to the use of CleanPower mobile game (“Game”) by Fortum Oyj (“Fortum”). These Terms govern the relationship between You (“You” or “User”) and Fortum regarding the use of the Game. By downloading, installing, accessing or using any part of the Game You agree to these Terms and accept to be bound by them. These Terms affect Your legal rights and obligations, so if You do not agree to the Terms, You may not use the Game.
The Game is intended for people of all ages. If You are a minor according to laws applicable to You, You should have a permission to use the Game by your guardian or other legal representative. Use of the Game is also governed by the Game’s Privacy Policy (“Privacy Policy”).
When You access the Game through a mobile network, Your network or roaming provider’s data and other rates and fees may apply.
Use of the Game
The Game is provided to You for Your personal and non-commercial use only. You may not use the Game if Your right to use the Game has been previously terminated by Fortum.
Subject to Your compliance with these Terms, Fortum grants to You a limited, nonexclusive, non-sublicensable and non-transferable right to use the Game and the executable versions (no source code) of the Game.
You understand that for reasons that include, without limitation, system security and stability, the Game may need to automatically update, pre-load, create new versions or otherwise enhance the Game’s application and accordingly, the system requirements to use the Game’s application may change over time. For the avoidance of doubt, these Terms do not entitle You to future updates, new versions or other enhancements of the Game although Fortum may choose to provide such updates, etc. in its sole discretion.
Without limiting any other remedies, Fortum may limit, suspend, terminate, modify, or delete access to the Game or parts thereof if You fail to comply, or if Fortum suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Game, without notice to You. You may lose, as a result of termination or limitation of Your right to use the Game and any progress in the Game, and Fortum is under no obligation whatsoever to compensate You for any such loss or result.
You may not use any technological or other means (such as by cheating or using bugs or glitches in the Game, or by using third party tools or software) to use the Game in a way that is not within the spirit of fair play or these Terms. You specifically agree that You will not:
- interfere with or disrupt the Game or the servers or networks that provide the Game;
- attempt to decompile, reverse engineer, disassemble or hack any part of the Game, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by us;
- circumvent technological measures designed to control access to, or elements of, the Game,
- do anything else that is not within the spirit of fair play or the Terms
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 application stores) through which You are acquiring the Game, agreed to between You and the relevant third-party entity.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Intellectual Property Rights
All rights, title and interest in and to the Game and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein are owned by or licensed to Fortum, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Except as expressly provided in the Terms, Fortum does not grant You any express or implied rights to use its intellectual property outside of the Game.
Personal Information and Security
Use of Your personally identifiable information is governed by the Privacy Policy. No personally identifiable information is collected in the Game.
You shall be liable for all Your equipment, internet connectivity and software used to access the Game as well as ensuring that they do not cause harm to Fortum or the Game.
Support and Modifications
Fortum shall have no obligation to provide support or maintenance for the Game under these Terms. Fortum may, in its sole discretion, provide limited customer support to the Game.
You understand that the Game may be updated from time to time. As long as Your license to use the Game is valid You are entitled to upgrades and/or updates of the Game. All upgrades and updates are provided to You on a license exchange basis. You agree that by using an upgrade or update You voluntarily terminate Your right to use any previous version. Upgrades and updates may be licensed to You by Fortum with additional or different terms. You may need to update third party software and/or upgrade Your equipment from time to time in order to use the Game.
Social Media and Game Content
You may freely upload captions (such as audio, video and screenshots) of the Game to social media services (such as Facebook or Twitter), online video services (such as YouTube) and online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that may misrepresent the Game.
Disclaimer / No Warranty
To the maximum extent permitted by applicable law, except as provided above, FORTUM MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE GAME, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
Indemnification
You agree to defend, indemnify and hold harmless Fortum, 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 Game. Fortum 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 HEREBY ACKNOWLEDGE AND AGREE THAT FORTUM SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE GAME, AS SET FORTH HEREIN, INCLUDING ANY PHYSICAL OR SOFTWARE DAMAGE TO YOUR DEVICE(S). YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE GAME IS TO CEASE USING THE GAME AND UNINSTALL IT.
FORTUM 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 GAME, EVEN IF FORTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF FORTUM IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Some jurisdictions may not allow (some) limitations of liability. In such cases some limitations may not apply to You.
Provisioning of the Game and Termination
The right to use the Game granted under these Terms remains in effect until terminated by You or Us.
You may terminate the license at any time by uninstalling or deleting the Game’s application from Your devices. 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 Game and promptly delete or uninstall the Game. Your termination of the license for any reason shall not release You from any liabilities or obligations set forth in these Terms which remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
Fortum shall have the right to, at its sole discretion, decide upon provision of the Game and making it available to You and reserves the right to discontinue from offering the Game to You.
You understand and agree that the termination of the license granted to You by Fortum is Your sole right and remedy with respect to any dispute related to these Terms.
General
Fortum may assign or delegate its rights and obligations under the Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time without Your consent. You may not assign or delegate rights or obligations under these Terms or Privacy Policy without Fortum’s prior written consent.
These Terms do not change Your rights under the mandatory provisions under the laws of Your country. You and Fortum agree that if any portion of the Terms or if the 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 the remaining provisions of the Terms, which shall continue to be in full force and effect.
Fortum reserves the right to change, modify, add or remove portions of the Terms and the Privacy Policy at any given time. You should check the Terms and the Privacy Policy regularly for changes. You will be deemed to have accepted such changes by continuing to use the Game. Further, if at any point You do not agree to any portions of then-current version of our Terms, Privacy Policy, Your license to use the Game shall immediately terminate, and You must immediately stop using the Game.
Disputes and Applicable Law
These Terms shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions.
All disputes relating to the Game and the Terms shall be settled in first instance at the District Court of Helsinki, Finland.
Contact info:
Fortum Oyj
Business ID: 1463611-4
Address: Keilaniementie 1, 02150 Espoo, Finland
Contact: support(at)cleanpowergame.com
www.fortum.com
