Hoolai Games Terms of Service
Last modified: 2017 Aug.3
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT SETS FORTH GOVERNING LAW AND JURISDICTION AND VENUE FOR DISPUTES.
In addition, when using the Service, users shall be subject to any posted guidelines or rules applicable to the Service that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. Each of you or us may also be referred to individually as a “party” and together as the “parties”.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DISCONTINUE USE OF THE SITES OR APPS IMMEDIATELY. Your remedy for dissatisfaction with the Service, content, or other information available on or through our Sites or Apps, is to stop using the Service. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer to and apply to that company or other legal entity.
Your access to our Services
To access the Service or some of the resources it offers, you may be asked to register an account with the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 17 or older and you understand and agree to these Terms of Service. If you access the Service using sign-in services (“SN Service”) such as Facebook Connect, Apple’s Game Center, Google+ or an Open ID provider, you shall comply with its terms of service/use as well as these Terms of Service. It is a condition of your use of the Service that all the information you provide will be correct, current, and complete and that you will abide by these Terms of Service.
IF WE BELIEVE THAT THE INFORMATION YOU PROVIDE IS NOT CORRECT, CURRENT, OR COMPLETE OR THAT YOU HAVE VIOLATED ANY PROVISION IN THESE TERMS OF SERVICE, WE HAVE THE RIGHT, WITH OR WITHOUT NOTICE, TO SUSPEND YOUR ACCESS TO ANY OF THE SERVICE OR THE SERVICES OF OUR THIRD-PARTY SERVICE PARTNERS, IF ANY, OR TO TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE YOUR USER ACCOUNT, WITH OR WITHOUT A PRORATED REFUND OF ANY PREPAID AMOUNTS, IF ANY, IN OUR SOLE DISCRETION. YOU CAN LOSE YOUR USER NAME, RELATED PLAYER IDENTIY AND ACCESS TO ALL USER CONTENT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, INCLUDING EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE. WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND YOUR ACCOUNT OR PORTIONS THEREOF AND PROHIBIT ACCESS TO OUR GAMES OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOUR ACTIONS ARE EXPOSING US TO RISK OR LEGAL LIABILITY, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH OUR TERMS OR POLICIES. WE ALSO RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
We reserve the right to cease offering the Service or a particular game at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, we are not be required to provide refunds or other compensation in connection with such discontinued services.
You may email us anytime at firstname.lastname@example.org to terminate your Account. We will endeavor to respond to your request within thirty days.
During the Account registration process, you will be required to select a password (“Login Information”). You agree not to share the Account or the Login Information with others, or let anyone else access your Account or otherwise jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for your Account and maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you.
Restrictions on your use
You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Service in accordance with these Terms of Service for your personal non-commercial entertainment purposes. Only the authorized account holder may participate as a licensee and user of the Service. As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is prohibited by these Terms of Service and will not do any of the following:
• Conduct or promote any illegal activities, including, but not limited to, intellectual property infringement or engage in conduct which we, in our sole discretion, find abusive or objectionable while using the Service;
• Transmit any information that we believe to be, in our sole discretion, abusive, excessively violent, harmful to minors, harassing, defamatory, vulgar, obscene, lewd, lascivious, or otherwise objectionable;
• Attempt to reverse engineer or jeopardize the correct functioning of the Service, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Service;
• Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any App or any Company game experience or without the Company’s express written consent, modify or cause to be modified any files that are a part of the Service or any App;
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another user of the Service or any other person;
• Attempt to gain access to secured portions of the Service to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Sites or Apps;
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• Use the Services in any manner which could disable, overburden, damage, or impair the Sites or Apps or interfere with any other party’s use and enjoyment of the Sites or Apps;
• Co-brand the Service without the express prior written permission of our authorized representative. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, game character or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Sites or Apps or content accessible therein.
You agree to cooperate with us in causing any of the prohibited activities set forth in this section to immediately cease. We reserve the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
As part of the Service, it may be possible for you to upload a game avatar to associate with your Account. When selecting your game avatar (including the related name, character and image), you are prohibited from including any content that:
• Is sexually explicit, violent, bloody, defamatory, obscene, racially or ethnically offensive;
• Refers to drug related substances;
• Includes content likely to cause harm, mockery or insult to other users of the Service, or the Company’s employees, partners or third-party agents; or
• Is otherwise deemed inappropriate in the sole discretion of the Company.
If your game avatar (including the related name, character and image) is in violation of any of the above restrictions, we reserve the right to either:
• Change the game avatar to a more suitable alternative as we see fit;
• Request that you change your game avatar immediately; or
• Temporarily or permanently terminate your Account, with or without notice.
All rights, title and interest in and to the Service (including without limitation any games, titles, objects, characters, character names, stories, dialogue, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, computer code and server software) are owned or licensed by the Company. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with our games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT INCLUDING ANY VIRTUAL GOODS OR CURRENCY, WHETHER EARNED OR PURCHASED, ASSOCIATED WITH THE ACCOUNT, IF ANY, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.
EXCEPT AS EXPRESSLY AUTHORIZED BY THE COMPANY IN WRITING, YOU AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT OR CREATE DERIVATIVE WORKS FROM MATERIALS OR CONTENT THAT APPEARS IN THE SERVICE.
The Service may allow you to submit, post or upload information and/or content (such as in chat forums) (“User Content”). By posting User Content to the Service, you hereby grant the Company a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to reproduce, distribute and display the User Content in connection with the Service.
The Company assumes no responsibility for any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not pre-screen or monitor all User Content. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with your exposure to and use of any User Content available in connection with the Service.
In connection with your User Content, you represent that: (i) you own or have permission to use, and authorize the Company to use each and every image and sound contained in such User Content and to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement; (ii) you have permission from each and every identifiable person in the User Content to use the name or likeness of such individuals in such User Content; and (iii) the posting of your User Content on or through the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other amounts owing any person or entity by reason of any content posted by you to or through the Service. The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and you agree to indemnify and hold harmless the Company from all responsibility or liability alleged against the Company in connection with your User Content. The Company reserves the right, in its sole discretion, to remove any User Content at any time (with or without notice).
Disputes with Third Parties
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or the Apps. The Company reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with the Company to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting the Company access to any password-protected portions of your Account.
If you have a dispute with one or more users or third parties that may offer their own services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Fees and Purchase Terms
In some cases, you can use a credit or debit card, PayPal, or other similar accounts (each referred to herein as “Payment Information”) to pay for the Service, in-app purchases and/or upgrades within the Service. When you provide Payment Information to us (or our service providers), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. If you order any optional service, in-app purchase and/or upgrades, you agree to pay the applicable fee (as set forth in the ordering process) and you hereby authorize us to charge your credit or debit card, PayPal, or other similar accounts using the Payment Information you provided in the ordering process.
Our games may offer you the ability to purchase, with “real world” money, the right to use “Virtual Items” which includes (a) “virtual currency”, including but not limited to virtual cash, coins, points, etc., all for use in our games; (b) “virtual in-game items”; and (c) other goods or services.
Virtual Items may never be redeemed for “real world” money or other items of monetary value from the Company or any other person or entity. With respect to any Virtual Items that you acquire, you will have a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Virtual Items within the Service solely for your personal, non-commercial entertainment purposes. Except for the foregoing license, you have no right, title, or interest in or to any Virtual Items.
We may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice and we will have no liability to you or any third party in the event that we exercise any such rights.
The transfer of Virtual Items is not permitted except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell or transfer Virtual Items to any person or entity, including any other user of our games.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS AT ANY TIME FOR ANY REASON, INCLUDING IN THE EVENT THAT WE TERMINATE YOUR ACCOUNT OR ELECT TO ELIMINATE VIRTUAL ITEMS.
You may be able to purchase or redeem Virtual Items from third party websites. This is a transaction between you and the third party that owns or operates that website and we are not responsible for any issues related to that transaction or ensuring that the Virtual Items will be available in your Account of through the Service. The terms herein will continue to apply to any Virtual Items you acquire from such third parties.
Updates to the Service
You understand that the Service is an evolving one. The Company may require that you accept updates to the Service and to the Apps you have installed on your mobile device. You acknowledge and agree that the Company may update the Service and Apps, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play our games.
We reserve the right to terminate these Terms of Service with immediate effect at any time and for any reason. Expiration or termination (for any reason) of these Terms of Service, shall not affect any accrued rights or liabilities which either party may then have nor shall it affect any clause which is expressly or by implication intended to continue in force after expiration or termination.
Advertisements and Links
The Sites and Apps may contain advertisements and other promotional content of third parties including links to third party websites (collectively “Advertisements and Links”), some of which may invite you to participate in promotional offers in return for receiving upgrades such as in-game currency. Some of these Advertisements and Links may charge separate fees, which are not included in any fees that you may pay to the Company. Any separate charges you incur in with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Advertisements and Links. We are providing these Advertisements and Links to you as a convenience and we do not imply any endorsement or recommendation of their content, goods, or services. Advertisements and Links including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
Representations; Warranties; Disclaimer
WITHOUT LIMITING THE COMPANY’S LIABILITY PURSUANT TO THE FOLLOWING PARAGRAPH, THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES OR APPS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES, APPS, OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY ARISING FROM THE USE OF THE SERVICE OR CONTENT.
Limitation of Liability
WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR COLLECTIVE LIABILITY AND THE COLLECTIVE LIABILITY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF USD$100 OR FEES PAID FOR THE 6-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, IF ANY. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS AGREED TO THESE TERMS OF SERVICE IN RELIANCE ON THE LIMITATION OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of the Company’s liability shall be the minimum permitted under such applicable law.
You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any claims or liabilities arising out of or related to any User Content, breach of these Terms of Service by you, or your use of the Service. You agree that the Indemnified Parties will have no liability in connection with any such breach, User Content, or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THIS AGREEMENT, YOU HOLD US HARMLESS AND WAIVE ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR BY LAW ENFORCEMENT AUTHORITIES.
No delay or failure by us to enforce any of these Terms of Service shall constitute a waiver of any of our rights under these Terms of Service. Neither the receipt of any funds by us nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Service. Only a specific, written waiver signed by our authorized representative shall have any legal effect.
If any clause or provision set forth in this Terms of Service statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law; Jurisdiction; Disputes
Feedback and information you send to us
The Sites and Apps may provide you with the ability to contact us through email addresses, contact forms, or other means. To the extent that you do so and send along, or otherwise post as User Content, any ideas, input, feedback, or anything of a similar nature, you acknowledge that any such ideas, input, feedback, or otherwise shall be deemed to be non-confidential and we shall be free to use such information on an unrestricted basis.
We may publish additional policies related to specific services such as forums, contests, sweepstakes or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Both parties shall be independent contractors and these Terms of Service do not create an agency, partnership, or joint venture. Unless stated otherwise in these Terms of Service, these Terms of Service do not create any third-party beneficiary rights. You may not assign your rights and obligations under these Terms of Service to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Service.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery or availability of the Service available through our Sites or Apps arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, third party nonperformance, failures or fluctuations in electrical power, telecommunications equipment or the Internet generally, governmental act or regulation, and other causes or events, whether or not similar to those which are enumerated above.
This English-language Terms of Service statement is our official agreement with users of the Service. In case of any inconsistency between this English-language Terms of Service statement and its translation into another language, this English-language document shall control.
Changes to these terms
We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms of Service at any time. We will provide notice of such change on the Sites or Apps. Please review the Terms of Service and/or additional terms periodically for changes. Your continued use of the Service constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If, at any time, you determine that you do not accept these changes, you must stop using the Service.
If you have any questions regarding your use of the Service, please contact us at email@example.com.