TERMS OF SERVICE

1. General

This website (www.owlacademy.com) offers games, activities and services including but not limited to Dr.Owl and Casual Continent products and services (hereinafter jointly as "the Services"). These Terms of Service (hereinafter "TOS") govern these games, activities and other services and any and all use of these websites by any user (hereinafter "the User") regardless of his/her jurisdiction.

Dr.Owl is a registered trademark of Casual Continent Ltd, a corporation with limited liability, and construed according to the laws of the Republic of Finland and whose place of business is situated at Tekniikantie 14, 02150 Espoo, Finland (hereinafter "CC").

CC holds all rights to these websites and to Services and therefore CC may revise or update TOS as it may see appropriate. Revised or updated TOS shall be effective to the User in thirty (30) days after such revisions or updates have been made and sent to Dr.Owl.

The User agrees to review TOS periodically to become aware of such revisions. User may view TOS at all times by clicking on the appropriate link on the opening page of the Services. The use of Services after thirty (30) days revised or updated TOS were sent to Dr.Owl is considered as acceptance of the revised or updated TOS. If the User refuses to accept such revisions or updates, he/she shall not enter this website.

These TOS constitute the entire agreement between the User and CC.

CC maintains hard copy of the current TOS. If a dispute which of the TOS is the current one, such hard copy shall be consulted.

If the User violates TOS, CC may issue the User a warning regarding the violation, or CC may, if it is considered appropriate, choose to terminate any and all accounts that the User has established or delete such User from the Service. CC is not required to provide the User a notice of termination when terminating the account, but it may choose to do so.

The User is welcome to send any questions and comments regarding the Services or TOS via the Dr.Owl feedback form.

2. Contents of the Services

The Services include, among other things, several games, information and news about the Services, (chat rooms and forums) for the Users to discuss about the Services and their contents and general information about the Users (e.g. pseudonym, latest Users etc.)

The Services also include third party advertisements and other information. CC is not liable for the correctness or discreetness of such third party information.

Services include such information about the Users, that the Users themselves have sent to the Services (e.g. presentations about themselves, chat messages, gallery pictures etc.). CC shall not be liable for the correctness or discreetness of such User information.

CC may, at its sole discretion, amend, change or delete parts of the Services.

3. Using the Services

a. Using the Services without registration

It is possible to use the Services without registration. In such cases, when loading the game, the User shall give his/her one-time pseudonym. The User can then use parts of the Services without registration free of charge.

Without registration the User may use the Services in such a manner and scope as CC finds appropriate. CC holds the rights to change, amend and remove components which allow the use of the Services without registration. Such components may also be converted to be used only as a registered User.

If the User wishes to play games in the Services without registration, he/she should enter a disposable pseudonym. This pseudonym is separated from a pesudonym mentioned in 3.b. by a symbol ~ (tilde).

b. CC Online registration

Registration online allows the User to have a personal pseudonym and to have a description as well as a photograph in a private account (hereinafter "the Account"). Registration is free of charge.

The User understands that the information given in the Account and specified as public is open to all Users. Therefore CC shall not be liable for any infringement of the User's private information appearing in the Account.

Registration information includes private information such as name, address, email address, year of birth, etc. The User shall be liable for the correctness of such information. CC shall not be liable for any damage suffered by the User due to incorrect information.

If the pseudonym and/or any other information in the Account is vulgar or otherwise offensive, CC may, at its sole discretion, delete such information, ask the User to change the information or terminate the Account.

The User shall also determine his/her personal password to enable registration online. The User shall not reveal his/her password to a third party. If the password is revealed, guessed, cracked or bugged, CC shall not be liable for any improper or illegal use of the password.

CC may, at its sole discretion, terminate the Account if it is inappropriately used.

CC shall not reveal any personal information to any third party, unless the User gives his/her permission to do so by clicking the appropriate box on the registration page.

c. Terminating the Account

The User has a right to terminate the Account. Cancellation of the Account is the sole right and remedy with respect to any dispute with CC. This includes, but is not limited to, any dispute related to, or arising out of:

i. any term of TOS
ii. CC's enforcement or application of this Agreement
iii. the Service or any change in the Service
iv. the User's right to use the Service
v. the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

Termination of the account shall be made in on the appropriate page of www.drowl.fi. Termination shall become effective no later than twenty-four (24) hours after the termination.

Furthermore, the User is also liable for any charges incurred to third-party vendors or content provider mentioned in clause 4 below.

4. Third party sites

CC may from time to time add information and advertisements about third party web sites in the Service. CC is not responsible for the content of these sites or any of the goods or services these sites provide.

Some of the web sites may charge separate fees. CC is not responsible for such fees.

5. Conduct when using the Services

CC, Users and third-party-vendors provide content of the Services, content meaning software, images, text, sound and other information available at the Services. CC does not pre-screen all content of the Services and does not have capabilities to monitor each piece of information sent to the Services. Therefore CC shall not be liable for any information that might insult or otherwise harm someone. However, the content is monitored occacionally and any information that is considered as vulgar, illegal or has explicit sexual reference might be deleted from the Services. CC may, if it considers it appropriate, send a warning to, or in case of a serious violation, terminate and ban for an unlimited period of time from the Services any User having sent such information into the Services. These determinations are in CC's sole discretion and CC does not assume any liability for any failure to remove such content or terminate such User.

CC kindly asks Users to report any irregularities via the Dr.Owl feedback form.

The Users' conduct in the Services is guided by basic web etiquette. Users must obey all laws and other rules that regulate the use of the Internet and web sites. Any illegal behaviour will be noted and notified to the relevant authorities and such User will be terminated and banned for an unlimited period of time from the Services.

The User shall be personally responsible for the use, communications and activities of the Services. Such responsibility includes, but is not limited to, all communications, texts, images and sounds that the User contributes to the Service. The User indemnifies and holds CC harmless from any liability or damages arising from such content.

Without limitation, CC finds for example the following acts as violations against the Services:

   * Distributing and transmitting illegal, harmful, abusive, racially or ethnically offensive or sexually explicit content into the Service
   * harming minors in any way
   * Illegal hacking, cracking and distribution of false software
   * Any other illegal acts in the Services
   * Exploiting the Services in any manner
   * Threatening, embarrassing or harassing other Users or any other individual, group or entity
   * Damaging or annoying use of chat rooms, Accounts or other parts of the Service (including without limitation spamming, chain letters, pyramid schemes and advertising)
   * Impersonation
   * Using or attempting to use other User's passwords or other Account information
   * Uploading files that contain a virus or corrupted data.
   * Downloading any software in the Services
   * Modification of the Services
   * making aid programs to play the games
   * invert the visible code to source code

If CC finds that the User has violated the Services, CC may, in its sole discretion

  1. give a warning to that User
  2. terminate his/her Account
  3. ban that User for an unlimited period of time

6. Privacy

The User acknowledges and agrees that all communications, texts, images, sounds and other contribution to the Account, chat rooms, bulletin boards etc. specified as public are not private. All personal information may be seen and used by other Users. However, communications, texts images, sounds and other contribution in a private chatroom, are not public.

CC recommends that Users do not discose information of personal nature on the Service. CC is not responsible for any information on the Service provided by Users and Users indemnify and hold CC harmless from any liability or damages resulting from disclosing private information.

Use, quoting, re-posting, transmitting and any other means of communication of any information disclosed on the Service is under sole discretion of CC. CC may use such information without any notice or compensation to the User.

In case of suspected misuse of the Services CC may give police or other authorities all information about the User. The User recognises that in such cases CC does not infringe or violate the User's privacy and that CC may give such information without any notice or compensation to the User.

7. Copyrights and other intellectual property rights

Most of the Services is owned by CC and protected by copyrights, trademarks and other intellectual property rights. The User may not violate CC's intellectual property rights by copying, downloading or otherwise, unless CC has expressly authorised the User to do so.

Some parts of the Services, especially banners and other advertisments are owned by third parties. The User must not violate intellectual property rights of those third parties.

The User may not download any parts of the Service or make illegal copies unless expressly approved to do so by CC. Should the User do so, CC may, at its sole discretion, give a warning to or terminate and ban the User for an indefinite period of time and initiate legal actions against such User.

When providing information in his/her Account, the User may not use figures, texts or other information owned by third parties and protected by third party copyrights or other intellectual property rights. If the User provides such information, CC shall not be liable for any such infringements. Should any third party make a claim against CC for such misuse, CC may claim for damages from such User respectively.

8. Grant of non-exclusive, limited right to software

CC grants the User a non-exclusive, limited right to all software required to play the games on the Services. User may not use, modify, translate, disassemble or otherwise exploit the source code of the games or other services featured under Dr.Owl nor sub-license or charge others for the use of the Services

It is possible that the Services are not consistent across all platforms and that the performance and some features offered by CC may vary depending on the User's computer and other equipment. CC holds no responsibility for such inconsistencies. The User indemnifies and holds CC harmless from any liability or damages resulting from such inconsistencies, including liability for any consequential or incidential damages or damage to the User's computer and/or software. Entire risk for such damages remains with the User.

CC does not claim ownership of the User's communications, texts, images, sounds and any other contribution to the Services. However, the User grants CC the world-wide, royalty free and non-exclusive license to use, copy, re-direct, amend, delete, change and exploit in any way all communications, texts, images, sounds and other contribution to the Services .

9. Disclaimer of warranties and limitations of liability

It is expressly agreed between CC and the User that the use of the Services is at the sole risk of the User.

The Services and third-party services within the Services are provided on an .as is. basis without any warranties. CC does not guarantee that the Services are open for use at all times or at any location. CC may at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice to the Users. CC shall not be liable for any such modification, suspension or discontinuance of the Services.

CC makes no warrranty that the Services meet the User's requirements; that the Services will be error-free and that the errors will be corrected; that the quality of any products, services, information, or other material purchased through the Services meet the User's expectations.

Any material downloaded or obtained through the Services shall be at the sole risk of the User. The User shall be liable for any damage to his/her computer or software resulting from downloading such material.

CC shall not be liable for any User's act or failure to act claimed to result from the use of the Services.

The User has the sole and exclusive remedy for any dispute with CC to stop using the Service and to cancel the Account. The User and CC agree that CC shall not be liable for any action regarding the Services.

If the User has used the Services according to clauses 3.a. and 3.b., CC shall have no liability whatsoever.

In no case shall CC be liable for incidential or consequential damages arising from the use of the Services. In jurisdictions, where incidential or consquential damages cannot be excluded, CC's liability shall be limited to the full extent limited by law.

CC does not guarantee any third party web site or products or services offered through such web sites.

10. Indemnification

The User indemnifies and holds CC harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of User's communications texts, images, sounds and other contribution to the Services, the use of the Services, connection to the Services, violation of the TOS, or violation of any rights of a third party.

11. Choice of law and forum

The TOS and the relationship between the User and CC shall be governed by the laws of the Republic of Finland without regard to its conflict of law provisions. All disputes arising out of this agreement between the User and CC shall be settled by the District Court of Helsinki, Finland.

12. Waiver and severability

The failure of CC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a competent court to be invalid, the User and CC nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

13. Statute of Limitations

The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.