TERMS OF USE
Effective Date (last updated): July 2024
ACCEPTANCE OF TERMS.
Who provides services to you?
Please read this Terms of Use carefully before using the website, products, software, services, and applications provided and managed by HAPPA GAMES LTD, a company incorporated under the laws of Cyprus, registered address: Archiepiskopou Makariou III, 84, Office 1, 6017, Larnaca, Cyprus, registration number: HE461259.
Why is reading this ToU important?
These Terms of Use apply to all visitors, users and others who access or use the Services (as they are described below).
HAPPA GAMES LTD (“Company,” “we,” “us,” “our”) provides its Services to you and using them means you agree to follow these rules, laid out in our Terms of Use ("ToU"). This document explains the rights and responsibilities we both (Company and you) have regarding our services, so please review the ToU carefully.
Is it possible to change this ToU, and if so, what is the procedure?
We might make changes to these Terms of Use (ToU) every now and then by posting an updated version on our website. While we'll try to let you know about significant changes through the email you provided, we're not obligated to do so. These changes become effective when we post the updated ToU on our website. Therefore, it's essential for you to check these ToU regularly to stay informed about any updates. Your continued use of the services after any changes means you accept those changes. If you don't agree with these terms, please stop using the services right away.
If you sign up on our website or application or purchase any product or service (or part of it) from our website or application, we might request you to explicitly agree to these Terms of Use or confirm that you've read them and are intentionally proceeding with using our services.
Please see also our Privacy Policy, our Cookies Policy, which are not part of this agreement.
Exploring Our Services
What Services Do We Offer?
We offer our users the opportunity to access to content, browse, use our products, software, services, and applications and enjoy other rich content on our resources (collectively, the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this ToU.
What Do You Need to Enjoy the Services?
To enjoy our services, your device needs to meet specific requirements. Additionally, apps from our website might have their own set of requirements. Keep in mind that our services might only work on certain types of operating systems like iOS, Android, Windows OS, or Windows 8. You can only use our services, including downloading and using apps, on a device that has a legal copy of the right operating system. Before you start using our services, make sure you have everything you need like facilities, utilities, software, and equipment. You'll need to get these things at your own cost and risk.
Unless we have agreed a particular level of service with you, we make absolutely no promises about the quality or existence of any of our Services. Please read the sections below and our general exclusion of liability.
Also, note that some apps and features may not be available in every country.
How Do Third-Party Platforms Affect Your Use?
Some of our activities are carried out on web platforms provided by third parties. For example App Store (https://www.apple.com/app-store/) or Google Play (https://play.google.com/store). If you use a Service where this applies, it's your responsibility to follow the terms of service of the third-party platform.
Are there age requirements for using our Services?
Before using our Services, you must:
Be at least 13 years old (unless different age limitations apply in your country). We may request adequate evidence of this at any time.
Be legally permitted to use the Services according to the laws of your home country.
How can minors use our Services with parental guidance?
If the user is a minor, they should familiarize themselves with these Terms of Use with the assistance of their parents or legal guardians. To safeguard children's privacy, we recommend that parents or legal guardians ensure their children do not disclose personal data without their prior consent. We retain the right to limit access to certain Services based on age and may permit registration for specific Services with parental approval for underage users. We may also request written proof of parental consent for any user or potential user suspected to be a minor. In all cases, the use of Services by minors must be supervised by their parents or legal guardians, and any such use is assumed to be validated by them.
What is the process for creating an Account on our Services?
To use our Services You may need to create an Account via manual registration or we may provide you with the option to register via your account on third party platform (e.g. Facebook account, Google account etc).
What responsibilities come with using our Services?
While using our Services you agree to:
Provide accurate, current, and complete information about yourself ("Registration Data") and keep it updated. You must use a valid email address. If the information you provide is inaccurate, not current, or incomplete, or if we have reason to believe so, we may, at our sole discretion, deny you access to registered areas.
Take responsibility for your account's security and ensure that contact details are current. If we can't contact you due to outdated information, any consequences are your responsibility.
Not let anyone else use your Account. Inform us of any unauthorized use as soon as you become aware of it.
Understand that unless an Account is linked to paid-for Services, we can suspend or terminate it at any time. Likewise, you can close your Account whenever you choose.As a result of your registration for the Services, you may receive certain communications from us. You understand and agree that these communications are part of your registration.
You acknowledge, consent and agree that we may access, preserve and disclose your Account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the ToU; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of us, our users and the public.
PRIVACY POLICY
Your Registration Data and any other information you may provide while using the Services are governed by our Privacy Policy. Refer to the Privacy Policy for detailed information about the data we collect and how we use it.
PAYMENT AND BILLING
Can I get our apps or services for free? Are there fees for using some of your services, and can they change?
We might offer you the option to download, view, or use our apps or other services at no cost. Some of our services may involve fees, either through in-app purchases or subscriptions, as detailed on our application pages. Specific limitations may apply to certain free services. The pricing and availability of all services we provide are subject to change anytime before purchase.
You'll be charged based on the services you buy, regardless of how much you use them. Keep in mind that if there's a price drop or special offer for new subscribers, we don't give refunds or adjust the price for current subscribers.
What payment methods can You use for paid services?
You must either use a credit card or other payment method accepted by us (e.g., Credit Card, Apple’s iTunes App Store, Google Play, PayPal) to activate and maintain your paid-for Services.
By adding a payment method, you give us permission to charge the fees using the payment method you provided. You are also responsible for charges related to any products or services you order through the Services.
How can You stop a paid service, and what happens to my payment?
If you want to stop a paid service, you can let us know, but any payment you've already made won't be refunded. We'll keep providing the service until the next payment date unless you tell us otherwise.
We may suspend a paid-for Services if we reasonably believe:
It is necessary for us to do so in order to prevent any unlawful activity;
You have breached this agreement in a sufficiently serious way to justify suspending the service in order to prevent that breach;
You have failed to pay us any sum of money you owe.
If we do suspend a service for any of the above reasons, we will take all reasonable steps to inform you promptly of what we have done and we will lift the suspension as soon as we are satisfied that the reason for the suspension no longer applies.
USER CONDUCT
Using the Services comes with the responsibility to understand and adhere to our usage rules. These rules aren't exhaustive, and we reserve the right to decide what we consider inappropriate use, taking necessary measures accordingly. We can update these rules at any time.
You agree not to use the Services to:
Disrupt the Services, servers, or connected networks, or violate any associated requirements, procedures, policies, or regulations.
Intentionally or unintentionally break any local, state, national, or international laws.
Utilize the Services for non-personal or commercial purposes without our explicit written consent.
Engage in activities like copying, modifying, or altering the accessible content (referred to as "Content"), which includes information, videos, text, graphics, and software, unless expressly permitted in the Terms.
Violate our proprietary rights, including Intellectual Property, by making commercial use, selling, renting, transferring, or creating derivative works of any material.
Use the Content on external sites or networked computer environments without our prior written consent.
Any violation of these rules may lead to the cancellation of your account.
INDEMNITY
You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from use of the Service, your connection to the Service, your violation of these Terms, and/or your violation of any rights of another.
TERMINATION
You agree that we can, at our own discretion, and without notice to you or anyone else, stop your access to the Services. This might happen if (a) you break the rules in the ToU or other agreements, (b) law enforcement or the government asks us to, (c) you ask us to close your account, (d) we decide to stop or change the Service, (e) there are unexpected technical or security issues, or (f) you haven't used the Services for a long time.
If we end your account, it means you won't be able to use any part of the Services, and you won't have access to the offerings.
DEALINGS WITH ADVERTISERS AND OTHER USERS, LINKS
The Services may have links to other websites. Since we can't control those sites, you understand that we're not in charge of them. We don't support or take responsibility for what's on those sites, like their content, ads, products, or anything else. You also agree that we're not responsible for any damage or loss that might happen because of using or trusting stuff from those sites. Additionally, your dealings with advertisers or third parties found on or through the Services, like through ads or links, are between you and them. We're not responsible for any issues or losses related to those dealings.
OUR PROPRIETARY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the website is owned, controlled or licensed by or to HAPPA GAMES LTD, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the Services is at your sole risk. The Services is provided on an “AS IS” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content.
Any content downloaded or otherwise obtained through the Services is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.
No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the ToU.
LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD 100) OR THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this ToU, there shall be no third party beneficiaries to this Agreement.
NOTICE
We may provide you with notices, including those regarding changes to the ToU, by email, regular mail, or postings on the Services; provided, however, that this Section places no requirements us not already expressly set forth herein.
TRADEMARK INFORMATION
Company’s and other names, logos and marks are the trademarks and service marks of HAPPA GAMES LTD or its Licensors or Affiliates (the “Company Marks”). You agree that you will not display the Company Marks, or use the Company Marks in any manner, without the prior written permission of the Company.
DISPUTES
Any dispute arising out of or related to the Services or the ToU will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the territory we base. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
GENERAL INFORMATION
Entire Agreement. The ToU is the whole agreement between you and us about the Services and replaces any previous agreements, whether spoken or written, between you and us.
Waiver and Severability of Terms. If we don't enforce a particular right or rule in the ToU, it doesn't mean we're giving up that right or rule. If a court decides that one part of the ToU isn't valid, the rest of the ToU still stands.
Statute of Limitations. If you have any issues related to using the Services or the ToU, you need to file a claim within one year of the problem happening, or you won't be able to make a claim.
Section Titles. The section titles in the ToU are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the ToU to legal@happa.games