BY DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE SERVICE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU ARE ENTERING INTO THESE SERVICE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE SERVICE TERMS, IN WHICH CASE “YOU” OR “YOUR” REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF YOU ARE NOT WILLING TO BE BOUND BY THESE SERVICE TERMS, YOU MUST NOT ACCEPT THESE SERVICE TERMS AND YOU MAY NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
By registering for an Account (defined below) or otherwise using the Services, you represent that (1) you are age 13 or older, (2) you understand and agree to these Service Terms, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Service Terms.
In order to play our games through the Services, you may be required to register for an account (the “Account”) and provide certain information about yourself as prompted by the Account registration process. You represent and warrant that you will provide and maintain true, accurate, complete and current information as requested by the Services, and update such information as necessary. Hype Bits reserves the right to, at its sole discretion and without any liability to you or any third party, suspend or terminate your Account and refuse any and all current or future use of the Services by you if you provide any information that is untrue, inaccurate, incomplete or not current.
You are fully responsible for maintaining the security and confidentiality of your Account and for all activities that occur under your Account with or without your knowledge. You will notify Hype Bits immediately of any unauthorized use of your Account or any other breach of security related to your Account.
Subject to your compliance at all times with these Service Terms, Hype Bits grants to you a limited, personal, non-commercial, non-exclusive, non-transferable, non-sublicensable revocable license to use and display (a) the portions of the Services that are freely accessible from the Services or that are, with Hype Bits’ authorization, made freely accessible from third party websites or sources, and (b) such other portions of the Services accessible on a “for-payment” basis, provided that you have paid the applicable fees and satisfied all applicable conditions.
The rights granted to you in these Service Terms are subject to the restrictions and rules of use set forth in this Section 4, and without limiting your other obligations under these Service Terms, you agree to comply with the restrictions and rules set forth herein, as well as any additional restrictions or rules (such as application-specific rules) set forth in the Services itself.
You: (i) shall not create an Account or access the Services if you are under the age of 13; (ii) shall monitor your Account to restrict use by minors, deny access to children under the age of 13, and accept full responsibility for any unauthorized use of your Account by minors, including without limitation, any use of your credit card or other payment instrument by minors; (iii) shall not use your Account or the Services to engage in any illegal conduct (whether intentionally or unintentionally) and shall comply with all applicable local, state, national or international laws or other rules, including those regarding (a) online conduct and acceptable content, and (b) the export (including the transmission) of technical data from the United States or the country in which you reside; (iv) shall not use your Account for any commercial purposes, including without limitation, (a) raising (or attempting to raise) money for any party or any purpose, (b) promoting, trading or selling a website, pyramid scheme or any other product or service of any kind, or (c) performing market research on the Services, or (d) advertising, soliciting, or transmitting any commercial advertisements, including, without limitation, any chain letters, junk e-mails or repetitive messages (e.g., spam) to anyone; (v) shall not rent, lease, sell, trade or otherwise redeem or transfer your Account or any virtual items or virtual currency associated with your Account, including without limitation any Virtual Currency or Virtual Goods (each defined below), to anyone without Hype Bits’ prior written permission or as expressly permitted in the Services; or (vi) shall not submit false refund requests to Hype Bits or any third party platform.
You further agree not to: (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services (in whole or in part), except as expressly permitted in these Service Terms; (ii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (iii) interfere with, disrupt or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services; (iv) use the Services to harm minors in any way; (v) use the Services to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (vi) defraud or mislead Hype Bits or other users; (vii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (viii) create any Account by automated means or false pretenses or use any other user’s Account for any purpose, including to circumvent a suspension or ban; (ix) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Hype Bits experience to the detriment of fair play; or (x) use the Services (in whole or in part) to commit actions that Hype Bits considers, in its sole discretion, to be detrimental in any way to the Services or to any user’s enjoyment of the Services.
At its sole discretion and without any liability to you or any third party, Hype Bits reserves the right to determine what conduct it considers to be in violation of these Service Terms or the Services itself and to take action as a result, which may include termination of your Account and exclusion from further participation in the Services.
The Services invite or enable you and other users to create, submit, record, post, display, transmit, perform, publish or distribute communications (including but not limited to voice communications), content and materials (including without limitation text, writings, photographs, graphics, images, comments, chat text, personally identifiable information, etc.), including by making the foregoing available to Hype Bits and other users of the Service, whether via e-mail or through online forums, chat rooms or features, message boards, messaging services, blogs or other functionality of the Services or portions thereof (collectively, “User Content”). You understand that all User Content available in connection with the Services is the sole responsibility of the person from whom such User Content originated.
Hype Bits has no obligation to accept, display, review, maintain or otherwise exploit any User Content. Hype Bits has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, validity, legality, decency, integrity or any other quality. You acknowledge and agree that your use of the Services is at your own risk and that by using the Services, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You bear all risks associated with, the use of any User Content available in connection with the Services. Hype Bits shall not be liable in any way for any User Content made available via the Services, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, Hype Bits may for any reason, in its sole discretion and without liability to you or any third party, pre-screen, review, examine, monitor, refuse, remove from the Services, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice. You may bring User Content that you believe violates these Service Terms, or other inappropriate user behavior, to Hype Bits’ attention by submitting a support ticket at http://cliffhangerinteractive.com. If you believe that any User Content infringes your intellectual property rights, you may contact Hype Bits pursuant to the procedure set forth in the Hype Bits’ Copyright Policy referenced above.
User Content that you make available in connection with the Services is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you. You represent and warrant that Your Content is original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Service Terms without Hype Bits incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Hype Bits does not claim any ownership rights in Your Content and nothing in these Service Terms are deemed to restrict any rights that you may have to use and exploit Your Content. Hype Bits has no obligation to monitor or enforce your intellectual property rights in or to Your Content. Hype Bits shall not be responsible for another user’s misuse or misappropriation of any of Your Content.
You hereby grant to Hype Bits: (i) a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose Your Content via the Services or by any other means; (ii) the right to sublicense and authorize others to exercise any of the rights granted to Hype Bits under these Service Terms; and (iii) the unconditional license and right to use and exploit your name, voice, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in a manner not agreeable to you.
All rights, title and interest in and to the Services (including any User Content other than Your Content) are and will remain the exclusive property of Hype Bits and its licensors. The Services (and all components thereof) is protected by copyright, trademark and other laws of both the United States and foreign jurisdictions. Neither these Service Terms nor your access to the Services transfers to you or any third party any rights, title or interest in or to the Services, or the intellectual property rights therein, whether by way of estoppel, implication or otherwise, except for the limited access and use rights rights expressly set forth in these Service Terms or with respect to Your Content.
Other that Your Content, you will not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, the Services (in whole or in part), except as expressly permitted in writing by Hype Bits.
The Services may include the following: (i) virtual currency, such as coins, points or similar items that may be earned or obtained through the Services or otherwise purchased by you for legal tender or actual currency, subject to applicable law (“Virtual Currency”); and (ii) virtual digital items, such as commodities, abilities or other goods that may be earned or obtained through the Services or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (“Virtual Goods”). Subject to your compliance with all these Service Terms, Hype Bits hereby grants to you a limited, personal, nontransferable, non-sublicensable, revocable license to use, solely within the Services, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Hype Bits. Except as provided in the preceding sentence, you will have no right, title or interest in or to any Virtual Goods or Virtual Currency appearing or originating in the Services, and Hype Bits reserves the absolute right without any liability to you or any third party, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods.
All sales of Virtual Currency and Virtual Goods are final and non-refundable, unless Hype Bits or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that these Service Terms, your Account or the Services is terminated for any reason, which may include without limitation Hype Bits’ discontinuation for any reason of the applicable portion of the Services, you will forfeit all Virtual Currency and Virtual Goods and Hype Bits will have no liability to you in connection with that forfeiture.
The term “Hype Bits,” the Hype Bits logo and other Hype Bits, Inc. logos and product and service names are proprietary trademarks and service marks of Hype Bits. Except as expressly set forth in these Service Terms, you may not use or display such trademarks in any manner, including without limitation using such trademarks as “metatags.” All third party trademarks and service marks appearing on the Services are the property of their respective owners and all rights therein are reserved.
“Feedback” means any comments, suggestions or feedback about, or in connection with, the Services that you provide to Hype Bits. You agree that any Feedback shall be the exclusive property of Hype Bits, and you hereby assign all rights, title and interest in and to such Feedback to Hype Bits. You agree that unless otherwise prohibited by applicable law, Hype Bits may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without compensation to you.
You may terminate these Service Terms for any reason by deactivating your Account(s) and/or discontinuing your use of the Services. You do not need to specifically inform Hype Bits when you stop using the Services. If you stop using the Services without deactivating your Account(s), your Account(s) may be deactivated due to prolonged inactivity.
Hype Bits may terminate these Service Terms, your Account and your access to the Services (or, at Hype Bits’ sole option, applicable portions of the Services) at any time and for any reason. In addition, Hype Bits may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Services), without notice to you if Hype Bits suspects or determines that you have (i) failed to comply with any provision of these Service Terms or any policies or rules established by Hype Bits; or (ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Hype Bits, any third parties or the Services itself.
As the result of termination, you may lose your Account and all information and data associated therewith, including without limitation your user names, avatars, characters and achievements, Virtual Currency and Virtual Goods. You will not be entitled to and Hype Bits will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination permitted under these Service Terms for any reason. Hype Bits reserves the right to refuse to keep Accounts for or provide the Service to any individual. You shall not allow individuals whose Accounts have been terminated by Hype Bits to use your Account.
These Service Terms will remain effective until terminated. The following sections of these Service Terms will survive any termination of these Service Terms, your Account or the Services: Section 5 (User Content (including Your Content)), Section 6 (Ownership), Section 7 (Virtual Currency and Virtual Goods), Section 8 (Trademarks), , Section 9 (Feedback), Section 10 (Termination), Section 11 (Disputes with Others), Section 12 (Disclaimers of Warranties and Damages, Limitations of Liability), Section 13 (Indemnification), Section 14 (Governing Law and Remedies), Section 15 (Links to Third Party Websites) and Section 17 (Miscellaneous Provisions).
Hype Bits reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Services. You are solely responsible for your interaction with other users of the Services and other parties that you come in contact with through the Services. You will cooperate fully with Hype Bits to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Hype Bits access to any password-protected portions of your Account. Hype Bits hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Services.
YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY USER CONTENT, IS AT YOUR SOLE RISK AND IS PROVIDED BY THE HYPE BITS PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER HYPE BITS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “HYPE BITS PARTIES”) WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE VIEWABLE TO YOU OR (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HYPE BITS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE SERVICE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HYPE BITS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE HYPE BITS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HYPE BITS IN ACCORDANCE WITH THESE SERVICE TERMS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID HYPE BITS ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HYPE BITS IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
You will indemnify, defend and hold the Hype Bits Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to, arising from or relating in anyway to (1) Your Content, (2) your (or anyone using your Account) access to or use of the Services, (3) your (or anyone using your Account) violation of these Service Terms, and (4) your (or using your Account) violation of any rights of any other person or entity. Hype Bits reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with Hype Bits to defend these claims.
These Service Terms and any action related thereto or to the Services will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Service Terms will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Hype Bits under these Service Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Hype Bits for which remedies at law are inadequate. Hype Bits shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.
The Services may contain links to third party websites or resources. You acknowledge and agree that Hype Bits is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hype Bits of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Hype Bits may remove any links at any time for any reason or for no reason.
On occasion, Hype Bits may require additional terms and conditions specific to certain Services Hype Bits may provide from time to time. Those additional terms and conditions, which will be made available with the relevant Services, will become a part of agreement with Hype Bits if you use those Services. If any part of the additional terms and conditions conflicts with these Service Terms, the additional terms and conditions will prevail.
Except as may be expressly specified otherwise by Hype Bits with respect to paid portions of the Services, Hype Bits reserves the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.
(a) Access and Availability. You are responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and any other equipment needed for access to and use of the Services, and all charges related thereto. You are also responsible for any fees, including data, access, and usage fees charged by an internet provider or mobile carrier, that you incur when accessing or using the Services. Hype Bits operates and controls the Services from its offices in the United States. The information and materials provided on the Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Hype Bits to any registration requirement within such jurisdiction or country.
(c) No Waiver. The failure of Hype Bits to exercise or enforce any right or provision of these Service Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Service Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Service Terms shall remain in full force and effect.
(d) Assignment. These Service Terms may not be assigned by you without Hype Bits’ prior written consent, but are freely assignable by Hype Bits.
(e) Compliance. Upon Hype Bits’ request, you will furnish Hype Bits any documentation, substantiation or releases necessary to verify your compliance with these Service Terms.
(f) Construction and Waiver of Defenses. You agree that these Service Terms will not be construed against Hype Bits by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Service Terms and the lack of signing by the parties hereto to execute these Service Terms.
(g) Force Majeure. Hype Bits shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.