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you may opt-out of receiving text -lrb- sms -rrb- messages from uber at any time by following the directions found at http://t.uber.com/sms-unsubscribe .
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you acknowledge that opting out of receiving text -lrb- sms -rrb- messages may impact your use of the services .
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uber may , in uber 's sole discretion , create promotional codes that may be redeemed for account credit , or other features or benefits related to the services and/or a third party provider 's services , subject to any additional terms that uber establishes on a per promotional code basis -lrb- `` promo codes '' -rrb- .
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you agree that promo codes : -lrb- i -rrb- must be used for the intended audience and purpose , and in a lawful manner ; -lrb- ii -rrb- may not be duplicated , sold or transferred in any manner , or made available to the general public -lrb- whether posted to a public form or otherwise -rrb- , unless expressly permitted by uber ; -lrb- iii -rrb- may be disabled by uber at any time for any reason without liability to uber ; -lrb- iv -rrb- may only be used pursuant to the specific terms that uber establishes for such promo code ; -lrb- v -rrb- are not valid for cash ; and -lrb- vi -rrb- may expire prior to your use .
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uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promo codes by you or any other user in the event that uber determines or believes that the use or redemption of the promo code was in error , fraudulent , illegal , or in violation of the applicable promo code terms or these terms .
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uber may , in uber 's sole discretion , permit you from time to time to submit , upload , publish or otherwise make available to uber through the services textual , audio , and/or visual content and information , including commentary and feedback related to the services , initiation of support requests , and submission of entries for competitions and promotions -lrb- `` user content '' -rrb- .
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any user content provided by you remains your property .
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however , by providing user content to uber , you grant uber a worldwide , perpetual , irrevocable , transferrable , royalty-free license , with the right to sublicense , to use , copy , modify , create derivative works of , distribute , publicly display , publicly perform , and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised -lrb- including in connection with the services and uber 's business and on third-party sites and services -rrb- , without further notice to or consent from you , and without the requirement of payment to you or any other person or entity .
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you represent and warrant that : -lrb- i -rrb- you either are the sole and exclusive owner of all user content or you have all rights , licenses , consents and releases necessary to grant uber the license to the user content as set forth above ; and -lrb- ii -rrb- neither the user content nor your submission , uploading , publishing or otherwise making available of such user content nor uber 's use of the user content as permitted herein will infringe , misappropriate or violate a third party 's intellectual property or proprietary rights , or rights of publicity or privacy , or result in the violation of any applicable law or regulation .
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you agree to not provide user content that is defamatory , libelous , hateful , violent , obscene , pornographic , unlawful , or otherwise offensive , as determined by uber in its sole discretion , whether or not such material may be protected by law .
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uber may , but shall not be obligated to , review , monitor , or remove user content , at uber 's sole discretion and at any time and for any reason , without notice to you .
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you are responsible for obtaining the data network access necessary to use the services .
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your mobile network 's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees .
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you are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates thereto .
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uber does not guarantee that the services , or any portion thereof , will function on any particular hardware or devices .
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in addition , the services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications .
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you understand that use of the services may result in charges to you for the services or goods you receive from a third party provider -lrb- `` charges '' -rrb- .
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after you have received services or goods obtained through your use of the service , uber will facilitate your payment of the applicable charges on behalf of the third party provider as such third party provider 's limited payment collection agent .
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payment of the charges in such manner shall be considered the same as payment made directly by you to the third party provider .
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charges will be inclusive of applicable taxes where required by law .
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charges paid by you are final and non-refundable , unless otherwise determined by uber .
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you retain the right to request lower charges from a third party provider for services or goods received by you from such third party provider at the time you receive such services or goods .
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uber will respond accordingly to any request from a third party provider to modify the charges for a particular service or good .
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all charges are due immediately and payment will be facilitated by uber using the preferred payment method designated in your account , after which uber will send you a receipt by email .
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if your primary account payment method is determined to be expired , invalid or otherwise not able to be charged , you agree that uber may , as the third party provider 's limited payment collection agent , use a secondary payment method in your account , if available .
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as between you and uber , uber reserves the right to establish , remove and/or revise charges for any or all services or goods obtained through the use of the services at any time in uber 's sole discretion .
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further , you acknowledge and agree that charges applicable in certain geographical areas may increase substantially during times of high demand .
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uber will use reasonable efforts to inform you of charges that may apply , provided that you will be responsible for charges incurred under your account regardless of your awareness of such charges or the amounts thereof .
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uber may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the services , and you agree that such promotional offers and discounts , unless also made available to you , shall have no bearing on your use of the services or the charges applied to you .
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you may elect to cancel your request for services or goods from a third party provider at any time prior to such third party provider 's arrival , in which case you may be charged a cancellation fee .
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this payment structure is intended to fully compensate the third party provider for the services or goods provided .
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except with respect to taxicab transportation services requested through the application , uber does not designate any portion of your payment as a tip or gratuity to the third party provider .
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any representation by uber -lrb- on uber 's website , in the application , or in uber 's marketing materials -rrb- to the effect that tipping is `` voluntary , '' `` not required , '' and/or `` included '' in the payments you make for services or goods provided is not intended to suggest that uber provides any additional amounts , beyond those described above , to the third party provider .
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you understand and agree that , while you are free to provide additional payment as a gratuity to any third party provider who provides you with services or goods obtained through the service , you are under no obligation to do so .
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after you have received services or goods obtained through the service , you will have the opportunity to rate your experience and leave additional feedback about your third party provider .
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you shall be responsible for the cost of repair for damage to , or necessary cleaning of , third party provider vehicles and property resulting from use of the services under your account in excess of normal `` wear and tear '' damages and necessary cleaning -lrb- `` repair or cleaning '' -rrb- .
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in the event that a third party provider reports the need for repair or cleaning , and such repair or cleaning request is verified by uber in uber 's reasonable discretion , uber reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the third party provider using your payment method designated in your account .
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such amounts will be transferred by uber to the applicable third party provider and are non-refundable .
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disclaimers ; limitation of liability ; indemnity .
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the services are provided `` as is '' and `` as available . ''
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uber disclaims all representations and warranties , express , implied or statutory , not expressly set out in these terms , including the implied warranties of merchantability , fitness for a particular purpose and non-infringement .
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in addition , uber makes no representation , warranty , or guarantee regarding the reliability , timeliness , quality , suitability or availability of the services or any services or goods requested through the use of the services , or that the services will be uninterrupted or error-free .
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uber does not guarantee the quality , suitability , safety or ability of third party providers .
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you agree that the entire risk arising out of your use of the services , and any service or good requested in connection therewith , remains solely with you , to the maximum extent permitted under applicable law .
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uber shall not be liable for indirect , incidental , special , exemplary , punitive or consequential damages , including lost profits , lost data , personal injury or property damage related to , in connection with , or otherwise resulting from any use of the services , even if uber has been advised of the possibility of such damages .
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uber shall not be liable for any damages , liability or losses arising out of : -lrb- i -rrb- your use of or reliance on the services or your inability to access or use the services ; or -lrb- ii -rrb- any transaction or relationship between you and any third party provider , even if uber has been advised of the possibility of such damages .
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uber shall not be liable for delay or failure in performance resulting from causes beyond uber 's reasonable control .
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you acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted .
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in no event shall uber 's total liability to you in connection with the services for all damages , losses and causes of action exceed five hundred euros -lrb- $ 500 -rrb- .
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uber 's services may be used by you to request and schedule transportation , goods or logistics services with third party providers , but you agree that uber has no responsibility or liability to you related to any transportation , goods or logistics services provided to you by third party providers other than as expressly set forth in these terms .
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the limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that can not be excluded under applicable law .
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you agree to indemnify and hold uber and its officers , directors , employees and agents harmless from any and all claims , demands , losses , liabilities , and expenses -lrb- including attorneys ' fees -rrb- arising out of or in connection with : -lrb- i -rrb- your use of the services or services or goods obtained through your use of the services ; -lrb- ii -rrb- your breach or violation of any of these terms ; -lrb- iii -rrb- uber 's use of your user content ; or -lrb- iv -rrb- your violation of the rights of any third party , including third party providers .
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except as otherwise set forth in these terms , these terms shall be exclusively governed by and construed in accordance with the laws of the netherlands , excluding its rules on conflicts of laws .
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the vienna convention on the international sale of goods of 1980 -lrb- cisg -rrb- shall not apply .
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any dispute , conflict , claim or controversy arising out of or broadly in connection with or relating to the services or these terms , including those relating to its validity , its construction or its enforceability -lrb- any `` dispute '' -rrb- shall be first mandatorily submitted to mediation proceedings under the international chamber of commerce mediation rules -lrb- `` icc mediation rules '' -rrb- .
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if such dispute has not been settled within sixty -lrb- 60 -rrb- days after a request for mediation has been submitted under such icc mediation rules , such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the rules of arbitration of the international chamber of commerce -lrb- `` icc arbitration rules '' -rrb- .
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the icc rules ' emergency arbitrator provisions are excluded .
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the dispute shall be resolved by one -lrb- 1 -rrb- arbitrator to be appointed in accordance with the icc rules .
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the place of both mediation and arbitration shall be amsterdam , the netherlands , without prejudice to any rights you may have under article 18 of the brussels i bis regulation -lrb- oj eu 2012 l351/1 -rrb- and/or article 6:236 n of the dutch civil code .
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the language of the mediation and/or arbitration shall be english , unless you do not speak english , in which case the mediation and/or arbitration shall be conducted in both english and your native language .
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the existence and content of the mediation and arbitration proceedings , including documents and briefs submitted by the parties , correspondence from and to the international chamber of commerce , correspondence from the mediator , and correspondence , orders and awards issued by the sole arbitrator , shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless : -lrb- i -rrb- the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings ; and -lrb- ii -rrb- the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein .
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claims of copyright infringement should be sent to uber 's designated agent .
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please visit uber 's web page at https://www.uber.com/legal for the designated address and additional information .
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uber may give notice by means of a general notice on the services , electronic mail to your email address in your account , or by written communication sent to your address as set forth in your account .
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you may give notice to uber by written communication to uber 's address at vijzelstraat 68 , 1017 hl , amsterdam , the netherlands .
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you may not assign or transfer these terms in whole or in part without uber 's prior written approval .
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you give your approval to uber for it to assign or transfer these terms in whole or in part , including to : -lrb- i -rrb- a subsidiary or affiliate ; -lrb- ii -rrb- an acquirer of uber 's equity , business or assets ; or -lrb- iii -rrb- a successor by merger .
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no joint venture , partnership , employment or agency relationship exists between you , uber or any third party provider as a result of the contract between you and uber or use of the services .
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if any provision of these terms is held to be illegal , invalid or unenforceable , in whole or in part , under any law , such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality , validity and enforceability of the other provisions in these terms shall not be affected .
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in that event , the parties shall replace the illegal , invalid or unenforceable provision or part thereof with a provision or part thereof that is legal , valid and enforceable and that has , to the greatest extent possible , a similar effect as the illegal , invalid or unenforceable provision or part thereof , given the contents and purpose of these terms .
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these terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter .
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in these terms , the words `` including '' and `` include '' mean `` including , but not limited to . ''
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terms of service and end user license agreement -lrb- `` eula '' -rrb-
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applicable from : 7 may 2013 .
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previous version of this eula may be found here .
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the following terms of service and end user license agreement -lrb- `` eula '' -rrb- constitute an agreement between you and rovio entertainment ltd , and its affiliates -lrb- `` rovio '' -rrb- .
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this eula governs your use of software and services -lrb- as specified below -rrb- .
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for purposes of this eula `` software '' means all software programs distributed , published or otherwise made available by rovio or its affiliates including , but not limited to mobile games , downloadable/installable games for personal computer , and games accessed by means of a browser or other online communication method .
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software also includes updates and upgrades as well as accompanying manual -lrb- s -rrb- , packaging and other written , files , electronic or on-line materials or documentation , and any and all copies of such software and its materials .
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`` services '' means all services made available by rovio , including but not limited to services accessed through mobile games , by means of a browser or by other online communication method .
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software and services are collectively referred to as `` rovio services '' .
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the software is licensed , not sold .
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your use of the software -lrb- as specified below -rrb- is subject to the terms and conditions set forth in this eula .
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by installing , using or accessing the rovio services or any materials included in or with the rovio services , you hereby accept the terms of this eula .
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if you do not accept the terms of this eula , do not install , use or access the rovio services .
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subject to this eula and its terms and conditions , rovio hereby grants you a non-exclusive , non-transferable , non-sublicensable , limited right and license to use one copy of the software for your personal non-commercial use for gameplay on a single computer or gaming unit , unless otherwise specified in the software documentation .
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the rights granted herein are subject to your compliance with this eula .
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the software is being licensed to you and you hereby acknowledge that no title or ownership in the software is being transferred or assigned and this eula is not to be construed as a sale of any rights in the software .
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subject to this eula and its terms and conditions , rovio hereby grants you a non-exclusive , non-transferable , non-sublicensable , limited right and license to use the services as provided by rovio , for your personal non-commercial use , in the manner permitted by this eula .
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the rights granted herein are subject to your compliance with this eula .
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the term of your licenses under this eula shall commence on the date that you accept this eula and install or otherwise use the software and/or services and ends on the earlier date of either your disposal of the software and/or services or rovio 's termination of this eula .
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your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the software and/or services or you otherwise use the software and/or services in breach of the terms of this eula .
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ownership ; no other licenses .
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rovio retains all right , title and interest in and to the rovio services , including , but not limited to , all copyrights , trademarks , trade secrets , trade names , proprietary rights , patents , titles , computer codes , audiovisual effects , themes , characters , character names , stories , dialog , settings , artwork , sound effects , musical works , and moral rights whether registered or not and all applications thereof .
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the rovio services are protected by applicable laws and treaties throughout the world .
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unless expressly authorized by mandatory legislation , the rovio services may not be copied , reproduced or distributed in any manner or medium , in whole or in part , without prior written consent from rovio .
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all rights not expressly granted to you herein are reserved by rovio .
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rovio services may include links to third party services and/or the third party services may be made available to you via rovio services .
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these services may include , but are not limited to gameplay recording and sharing , social medial connectivity and the like .
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these services are subject to respective third party terms and conditions .
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