Terms of Use

The use of Moipal game's web site ("Service") and mobile phone application ("Application") is subject to these Terms of Use entered into between a customer and Ironstar Helsinki Oy.

Provided the customer has signed up for the Service and accepted these terms of Use, Ironstar Helsinki Oy grants the customer the right to use the Service and the Application in accordance with the terms set forth herein. Ironstar Helsinki Oy grants only the rights which are stated expressly in these Terms of Use and reserves unto itself all rights not granted herein.

Use of the Application

Ironstar Helsinki Oy grants the customer the right to use the Application in one (1) mobile phone. The Application is provided "as is" without any warranty or representation regarding its features or functionality. Defects, which do not materially affect the use of the Application, may appear in the Application and the software relating to the Application. Ironstar Helsinki Oy expressly waives any warranties and representations regarding the use or the usability of the Application, the results of the use or the correctness, suitability or errorless of the Application or the software incorporated therein. The customer shall be liable for the use of the Application. Ironstar Helsinki Oy shall not be liable in any manner for updating, maintaining or repairing or removing possible errors in the Application or possible damages caused to a mobile phone by the Application or loss of data. Ironstar Helsinki Oy shall be always entitled to repair a possible error in the Application by delivering a new version.

The Right to Use the Application is limited as follows:

1. It is forbidden to divide the right to use the Application into several devices.

2. Any reproduction of the Application in any manner, wholly or partly, is prohibited, including copying for private use.

3. Any changes to the Application may not be performed outside the Service and the Application may not be used as part of other products or software.

4. The right to use the Application may not be assigned or transferred without Ironstar Helsinki Oy's written permission.

Use of the Service

The Service is intended for persons over ten (10) years old (or older). Persons under 15 years old may use parts of the Service liable to charge only with his/her legal guardian's permission.

The Service is intended for private, non-commercial use. The user agrees to abide by the instructions given to him/her in the course of the Service, these Terms of Use and applicable laws, which limit or control the use of the Service. The right to use the Service is limited as follows:

1. Without written permission from Ironstar Helsinki Oy the customer may not register for the Service in any other name than his/her own.

2. The Service may not be used in a manner that would violate the privacy of other players or infringe the rights of a third party. Customers may not use inappropriate language or offen-sive expressions.

3. The customer shall use the Service in a manner that doesn't cause harm to Ironstar Helsinki Oy, its partners or other customers or parties.

4. Unless expressly permitted by Ironstar Helsinki Oy or the rightful owner or a notice in the Service, customer may not distribute, make public, copy or otherwise utilize material gained from the Service except for his/her personal use.

5. The customer is liable for the material distributed to Ironstar Helsinki Oy, other users and third parties through the Service. In particular the customer shall not distribute any material that could cause harm to the Service or infringe copyrights or other third party rights, violate good manners or laws or rules and regulations of authorities. If Ironstar Helsinki Oy re-ceives a notice from an authority or a third party claiming that the customer has distributed afore described material, Ironstar Helsinki Oy is entitled to remove such material or prevent its use without notice to the customer.

6. The customer grants to Ironstar Helsinki Oy the right to modify, copy, distribute and, make public, in whole or in part material distributed by customer through the Service.

Terminal devices and connections (such as connections to the mobile network or Internet) necessary for the use of the Service are not provided by Ironstar Helsinki Oy. The customer is responsible for purchasing, maintaining and updating such devices and connections as well as the costs related thereto.

Chargeable parts of the Service

The customer has the possibility to subscribe chargeable parts of the Service and purchase products and services offered by the Service at a given time by Ironstar Helsinki Oy by using payment methods accepted each time by Ironstar Helsinki Oy. Ironstar Helsinki Oy shall separately notify the price and delivery terms for each product and service and payment method. When the customer purchases chargeable products and services, the customer may not cancel the order after the delivery or the distribution of the purchased product or service has been electronically started.

Provision of the Service

Ironstar Helsinki Oy has the right to provide the Service in the manner deemed best by Ironstar Helsinki Oy. Ironstar Helsinki Oy reserves the right to make changes to the Service that may affect the content, technology and the use of the Service. If such changes necessitate changes in customer's devices or software, the customer shall make such changes at his/her own expense. Iron-star Helsinki Oy shall endeavour to inform the customer in a reasonable time in advance of changes that may affect the customer.

Ironstar Helsinki Oy has the right to temporarily close down the Service or parts of it, if deemed necessary for a justified reason. Ironstar Helsinki Oy has the right to terminate the Service or parts of it by informing the customer of the termination in a reasonable time in advance, for example by posting a notice on the web site of the Service.

Right of use of the Application and the Service

Ironstar Helsinki Oy grants the customer the right to use the necessary software for the Application and the Service. Ironstar Helsinki Oy however, expressly waives any liability caused to the cus-tomer's terminal device through the downloading of the Application or the Service, onto terminal as well as the suitability of the downloaded material to the customer's computer system or terminal device.

The customer grants Ironstar Helsinki Oy the right to use or otherwise utilize in the Application and the Service, in the marketing of the Application or the Service or in other activities related to the Application or the Service, any information, data file, Pocket Pal -character, home of the character or other feature created by the customer in connection with the Service. The customer waives his/her right to make any claims to Ironstar Helsinki Oy in respect of the use or the utilization of the information, data file, character or other feature created by him/her.

User Identification and passwords

The use of some parts of the Service requires a username and a personal password or other user identification method approved by Ironstar Helsinki Oy. Ironstar Helsinki Oy shall be entitled to, after hearing the customer, choose and/or accept the usernames, passwords and other user id assigned to the customer. The user id shall remain in the possession of Ironstar Helsinki Oy and the customer waives his/her rights thereto after the termination of customer's right of use of the Service and the Application, unless otherwise agreed in writing. Ironstar Helsinki Oy is entitled to change the user id by informing the customer in advance.

The customer is responsible for the care of user ids and passwords required for the use of the Service. The customer may not assign or transfer his/her user id or passwords to a third party. The customer is responsible for all the actions taken by using his/her user id or passwords in the Application and the Service. If a third party has obtained customer's password or the customer has a reason to believe that a third party has obtained his/her password, he/she must immediately inform Ironstar Helsinki Oy. The customer's responsibility for actions taken by using his/her user id or password shall cease after the customer has informed Ironstar Helsinki Oy of the loss of the user id or password and Ironstar Helsinki Oy has had a reasonable time to prevent the use of the Service with the user id. The customer shall be responsible for the unauthorized use of his/her user id or password until the notification of loss, if the customer has not kept his user id and password in accordance with the terms set forth herein or otherwise carefully.

Ironstar Helsinki Oy is entitled to cancel user ids and passwords and prevent access to the Application or the Service if it has reason to believe that the customer is engaged in illegal activity or, intentionally or negligently compromises other users' or Ironstar Helsinki Oy's data security or privacy, or uses inappropriate language or defamatory expressions or, if Ironstar Helsinki receives a notice that customer's user id or password has gotten into the hands of a third party.

Limitations of liability

Ironstar Helsinki Oy does not warrant that the Service or the Application operates uninterrupted and hereby disclaims any liability for any losses or damages caused by interruptions in the Service or in the Application or attributable to backlog.

Ironstar Helsinki Oy shall not be liable for direct or indirect damages caused by a possible delay, a change or a loss of a service, product or material transferred through the Service. Ironstar Helsinki Oy is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Ironstar Helsinki Oy disclaims any liability for direct or indirect damages caused to the customer by harmful programs (virus, worms etc.) or incorrect content in the Service. Ironstar Helsinki Oy bears no liability for damages caused by the customer or a third party.

Ironstar Helsinki Oy shall not compensate indirect damages or damages caused by force majeure. Ironstar Helsinki Oy's liability is limited in all circumstances to the amount paid by the customer for the use of the Service or part of it

Duration of Agreement

In respect of fixed term parts of the Service, Ironstar Helsinki Oy shall inform the customer of the duration of the term in connection with the customer's order or otherwise during the course of the Service.

The user id and the materials related to it shall be stored for twelve (12) months from the customer's last visit. After that Ironstar Helsinki Oy is entitled to terminate customer's user id and other material pertaining to it.

Ironstar Helsinki Oy is entitled to suspend the Service, if the customer has failed to make a payment when due or uses or distributes harmful equipment or software or the customer disturbs Ironstar Helsinki Oy or other users or if the customer breaches his/her obligations hereunder, including the obligation to use the Service in accordance with the current terms of use or, if the customer has given false information upon registration or otherwise later during the course of the Service or there is a reason to suspect that the customer uses the Service in illegal activity.

The customer may terminate this agreement by giving a two (2) weeks' notice thereof.

Ironstar Helsinki Oy is entitled to terminate this agreement by giving a one (1) month notice thereof.

Ironstar Helsinki Oy is entitled to immediately terminate this agreement, if the customer has not used the Service during a period of twelve (12) months or if the customer's right to use the Service has been suspended because of the reasons described above and such suspension has continued for one (1) month.

When the agreement terminates, Ironstar Helsinki Oy shall not return to the customer any fees for the Service, products or services purchased through the Service or advance payments.

Notices

A notice related to this agreement shall be sent to Ironstar Helsinki Oy's address Iso-Roobertinkatu 42 B, 00120 Helsinki. Ironstar Helsinki Oy may send a notice related to this agreement to the cus-tomer's email address or otherwise in writing, for example via text message to the customer's mo-bile subscription number. General notices regarding the Service may be published also on the web pages of the Service.

Applicable law and the place of jurisdiction

The laws of Finland shall apply to this agreement and any special terms relating to this agreement. Disputes arising out of this agreement shall be settled in the District Court of Helsinki or in the District Court of the domicile of the customer. If the customer does not have a domicile in Finland, the disputes shall be settled in the District Court of Helsinki.