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| - Section 1 – General Terms and Conditions 1.1 Please understand that Habbo vigorously protects the Habbo IP from damaging infringement. However, pursuant to the term of this Policy, Habbo grants all of its Fan Sites the revocable permission to create Fan Sites based on Habbo IP. All Fan Sites must be tasteful (in Habbo’s sole discretion) and have no commercial (monetary) objective. Also, Habbo, in its sole discretion, can terminate and revoke your permission to create and maintain Fan Sites at any time, for any or no reason whatsoever. 1.2 You may use Habbo IP on your personal pages on the social networking sites Facebook and Twitter and other social networking sites that are substantially similar; provided however that your use remains compliant with this Policy and the policies, terms and conditions of those sites. Habbo accepts no responsibility whatsoever in connection with or arising from your activities on such sites. 1.3 Habbo granting you permission to create Fan Sites in no way alters or lessens Habbo’s ownership of all rights, title and interest in and to the Habbo IP. Your right to create Fan Sites is limited to the permission described in Section 1.1 above. 1.4 You will not represent that your Fan Site is endorsed or approved by Habbo or that any content on your Fan Site is endorsed or approved by Habbo. 1.5 From your Fan Site, do not link to any website that promotes or exploits cheats or hacks to Habbo sites. Also, do not link to any retro or scam sites. 1.6 The permissions that Habbo grants in this Policy do not extend to copying or utilizing Habbo’s trade dress, which includes the overall appearance of a product or product line. No person who views your Fan Site should ever be led to believe that it is an official Habbo production or confused about whether Habbo is officially associated with the material. 1.7 Please don’t use any domain name that closely mimics our trademarks, Habbo’s proprietary domains, or domains for Habbo’s products. If you use a name that is confusingly similar we’ll be forced to take action. Trust me, you want to avoid us taking this sort of action. 1.8 You may not use intellectual property of Habbo in any manner that Habbo considers to be derogatory to Habbo. 1.9 All content on your Fan Site must comply with the Habbo Way and must not contain any inappropriate content. 1.10 No matter how fancy your Fan Site is but you absolutely not do spam about it on Habbo. 1.11 As a registered Fan Site you are entitled to use the official Habbo Fan Site logo on your Fan Site. From the logo there needs to be a link to a Habbo site. Section 2 – Registering your Fan Site as an Official Fan Site 2.1 Anyone can create a Fan Site, in compliance with the terms of this Policy. Creating a Fan Site doesn’t entitle it of being an official one. The Official Fan Site subscription process is hereafter explained. 2.2 Sulake reserves the right to open new Official Fan Site subscriptions whenever needed, with no fixed schedule. The process of subscription will be available here . The subscription will require the fulfillment of all the fields, supplying contact email, Fan Sites url and Habbo name of the representative. 2.3 After the removal of the form (with previous notice), Sulake will check all entries and all sites, in order to check the fulfillment by the Fan Sites of all the conditions and requests here listed. Sulake reserves the right to make its choices based on taste, effort shown and content quality. 2.4 The selected Fan Sites are then added to our Official Fan Sites list. All these sites shall receive sneak-peaks and updates about future Habbo projects as well as the right to use the Habbo Fan Site logo. We may remove Fan Sites from the Official Fan Site list in our sole discretion. The normal reasons for removal are that a Fan Site has become in-active or that it is spamming on Habbo. 2.5 Only the Fan Sites who have passed the special Official Fan site subscription process and have been registered as Official Fan Sites are also granted to create mobile apps based on Habbo IP related to your Fan Site but those need to be non-commercial and may include only newsfeed of Your Fan Site as well as information regarding Habbo updates. Section 3 – Disclaimer 3.1 Habbo requires that a disclaimer be used in conjunction with your use of Habbo IP. The required disclaimer is provided below. You must display the disclaimer on each web page of your Fan Site. “This [Fan Site] is not affiliated with, endorsed, sponsored, or specifically approved by Sulake Corporation Oy or its Affiliates. This [Fan Site] may use the trademarks and other intellectual property of Habbo, which is permitted under Habbo Fan Site Policy.” 3.2 If you use Habbo brands, logos or trademarks (called the “Marks” in this document”) in connection with your Fan Site, the Marks must be used in a manner that will enhance and not damage the reputation of the Marks. Marks cannot be altered. Section 4 – Disclaimer of Warranties Some mumbo-jumbo from our lawyers who insisted we inform you that Habbo does not provide a warranty for any Habbo IP. HABBO EXPRESSLY DISCLAIMS ALL WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE HABBO IP, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR SHOULD THERE BE DEEMED ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. Section 5 – Limitation of Liability Some more mumbo-jumbo from our lawyers: Habbo is not liable for damages based on your use of Habbo IP. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HABBO BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR STRICT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR CREATION, DISPLAY, OR USE OF ANY FAN ART OR FAN SITE OR YOUR USE OF THE HABBO IP, IF ANY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that in the event Habbo revokes or terminates your permission to create Fan Sites, you may not sue Habbo for any damages caused by this revocation or termination, including direct, indirect, consequential, incidental, or special damages of any kind, including, without limitation, lost profits, or your expenses related Fan Sites. Section 6 – Enforcement of Rights Habbo carefully monitors the use of Habbo IP. In the event you make unauthorized use of Habbo IP, Habbo will direct you to immediately stop such unauthorized use. In the event you fail to stop unauthorized use or you at some later time resume unauthorized use, Habbo may take legal action against you. Trust us, we don’t like to have to take legal action against anyone, but if we have to take legal action against you, you will like it even less. Of course, if this happens, you will be required to pay for Habbo’s attorney’s fees and other costs of litigation. Section 7 – No Relationship Between You and Habbo YOUR PARTICIPATION IN CREATING FAN SITES OR OFFICIAL FAN SITE PROGRAM IS PURELY VOLUNTARY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RECEIVE ANY COMPENSATION OF ANY KIND FROM HABBO FOR YOUR FAN SITE. NOTHING IN THIS POLICY WILL CREATE ANY CONTRACTOR, PARTNERSHIP, JOINT VENTURE, FRANCHISE, EMPLOYMENT OR SIMILAR RELATIONSHIP BETWEEN YOU AND HABBO. YOU ACKNOWLEDGE THAT YOU MAY STOP PROVIDING CONTENT FOR YOUR FAN SITE AT ANY TIME THAT YOU DESIRE. Section 8 - Miscellaneous Legal Issues Habbo reserves all rights not expressly granted herein. Habbo may modify this Policy at any time by posting the revised Policy on one or more web sites and you are deemed to have knowledge of any such changes. The terms of this Policy shall be governed by the laws of Finland and any legal proceedings related to this Policy shall be based in the courts of Helsinki, Finland, and you consent to such jurisdiction. If any provision of this Policy shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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