Terms of Service
For All Non-US Users
Last Updated: June 1, 2014
These terms of service (the "Agreement") set forth a legally binding contract defining the rights and obligations of You and SUPER HAPPY FUN TIME ("SUPER HAPPY FUN TIME," "we," or us") when You use our games and all related services (including game or account related messages), technology, processes and materials (the "Services"), whether on our Site or any third-party site. Among other things, this Agreement provides that there are NO REFUNDS and SUPER HAPPY FUN TIME may ban You for violation of these terms. If You use our Services or our Site, You are agreeing that You have read, understood and agree to be bound by all terms of the Agreement. If You do not agree to be bound by this Agreement, please do not access or use any part of the Service.
Subject to the terms of the Agreement, and only as long as you fully comply, You are granted the non-exclusive, non-transferable, revocable limited right (subject to the limitations below) to access and use the Services solely for Your own non-commercial entertainment purposes. The Services and the Site are protected by copyrights (for the images, content, music and associated source code), trademark rights (including without limitation, Battle Pirates, War Commander and SUPER HAPPY FUN TIME (name and logo)), trade secret and other proprietary rights and laws ("Intellectual Property"). You acknowledge that these rights remain the sole and exclusive property of SUPER HAPPY FUN TIME, that You do not acquire any ownership rights in or to the Intellectual Property and will not use the Services in any way other than as expressly permitted in the Agreement or with prior written permission from SUPER HAPPY FUN TIME. Any rights not expressly granted in the Agreement are reserved by SUPER HAPPY FUN TIME. In addition, SUPER HAPPY FUN TIME may suspend, modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time with or without notice to You. You agree that SUPER HAPPY FUN TIME will not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
Inappropriate Use (Limitations to Access Permission):
Any of the following uses are strictly prohibited and may result in one or more of the following: immediate revocation of Your access permission to use the Services, termination of Your account, forfeit of any unredeemed Virtual Currency in Your account, permanent ban from the Services, and criminal and civil liability.
A. CHEATING AND HACKING - SUPER HAPPY FUN TIME HAS A ZERO TOLERANCE POLICY TOWARDS HACKING, CHEATING AND OTHER GAME CIRCUMVENTION. You agree that You will not, under any circumstances:
B OFFENSIVE OR INFRINGING CONTENT - You agree that You will not, under any circumstances,
C. UNAUTHORIZED USE - You agree that You will not, under any circumstances:
2. Your Account
B. Suspension and Termination:
You agree that SUPER HAPPY FUN TIME, in its sole discretion, may suspend or terminate Your account (or any part thereof) or use of the Service for any actual or suspected violations of the Agreement, applicable law or other improper use may discontinue providing the Service, or any part thereof, with or without notice. Upon suspension or termination, You agree that SUPER HAPPY FUN TIME may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, You agree that SUPER HAPPY FUN TIME will not be liable to You or any third party for any termination of Your access to the Service. In addition to termination or suspension of Your account, any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of Service may also give rise to criminal and civil liability.
3. Your Content
4. Your Purchases
SUPER HAPPY FUN TIME reserves the right to charge for any portion of the Service and to change its fees or subscription rates (if any) from time to time in its discretion. You are responsible for all charges incurred on any payment method associated with Your account. You agree to pay all fees when due.
In addition, SUPER HAPPY FUN TIME may offer in-game virtual currency to purchase in-game virtual goods or services or enhanced game play ("Virtual Currency"). Each item of virtual currency is a virtual token constituting a limited access permission to use certain features of the Service. When You acquire Virtual Currency, SUPER HAPPY FUN TIME grants You a limited access permission to use Virtual Currency as a virtual token to be redeemed for the right to access and use virtual goods or services or enhanced game play in accordance with this Agreement. This limited access permission may not be sold or transferred to another user or third party, sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of this Agreement is null and void. You agree that SUPER HAPPY FUN TIME has the right to manage, regulate and/or modify the limited access permission and that SUPER HAPPY FUN TIME will have no liability to You based on our exercise of this right. SUPER HAPPY FUN TIME makes no guarantee as to the nature, quality or value of the features of the Service that will accessible through the use of Virtual Currency, or the availability or supply of Virtual Currency.
The Virtual Currency may only be used on the Site within a game and, consequently, YOU ACKNOWLEDGE THAT VIRTUAL CURRENCY HAS NO CASH VALUE AND SUPER HAPPY FUN TIME MAY REVOKE THE LIMITED ACCESS PERMISSION AT ANY TIME WITHOUT NOTICE, REFUND OR COMPENSATION IF (I) YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED FOR ANY REASON, (II) THE VIRTUAL CURRENCY PROGRAM IS SUSPENDED OR DISCONTINUED, (III) SUPER HAPPY FUN TIME DETERMINES THAT FRAUD OR OTHER ILLEGAL CONDUCT IS ASSOCIATED WITH YOUR ACCOUNT, (IV) SUPER HAPPY FUN TIME IMPOSES AN EXPIRATION DATE ON USAGE OF VIRTUAL CURRENCY IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS; OR (V) YOU BECOME DELINQUENT ON ANY OF YOUR PAYMENT REQUIREMENTS OR CEASE TO MAINTAIN AN ACTIVE ACCOUNT. IN ANY SUCH EVENT, THE VIRTUAL CURRENCY, VIRTUAL GOODS OR SERVICES, AND YOUR ACCOUNT SHALL HAVE NO VALUE.
YOU ACKNOWLEDGE THAT SUPER HAPPY FUN TIME IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE CASH OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
SUPER HAPPY FUN TIME is not liable for "hacking" or loss of Your virtual goods or services from Your account, however SUPER HAPPY FUN TIME may, in its sole discretion, reimburse Virtual Goods or Virtual Currency upon proof that such loss was not due to Your Inappropriate Use. SUPER HAPPY FUN TIME may limit the quantity of any item or refuse to provide you with any virtual good. Verification of certain information applicable to a transaction may be required prior to SUPER HAPPY FUN TIME's acceptance of Your payment. Price and availability of virtual goods or services are subject to change with no notice. SUPER HAPPY FUN TIME has no liability with respect to virtual goods or services or Virtual Currency that is gifted to You or provided as an incentive.
SUPER HAPPY FUN TIME is not responsible or liable to You for any charges accessed by any third-party payment providers. SUPER HAPPY FUN TIME expressly disclaims any liability for any such transactions, and You agree that Your sole avenue of recourse regarding such transactions is through such third party-payment providers.
5. Our Warranties and Disclaimers
SUPER HAPPY FUN TIME PROVIDES THE SERVICE ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. SUPER HAPPY FUN TIME DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE (i) WILL BE UNINTERRUPTED, TIMELY OR SECURE, (ii) WILL BE FREE OF BUGS, INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (v) WILL BE ACCURATE OR RELIABLE. SUPER HAPPY FUN TIME HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT SUPER HAPPY FUN TIME SHALL BEAR NO RISK WITH RESPECT TO ANY THIRD PARTY LINKS, SERVICES, OR INFORMATION.
6. Our Liability
Indemnification and Release
In as far as permissible under the applicable law, You agree to release, indemnify and hold SUPER HAPPY FUN TIME and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Service, any User Content, Your connection to the Service, Your violation of this Agreement or Your violation of any rights of another. If you are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUPER HAPPY FUN TIME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, GOODWILL OR DATA) EVEN IF SUPER HAPPY FUN TIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND SUPER HAPPY FUN TIME'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID SUPER HAPPY FUN TIME IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
No Liability for Third Party Websites/Services
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. SUPER HAPPY FUN TIME has no control over such sites and resources and SUPER HAPPY FUN TIME is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that SUPER HAPPY FUN TIME will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by Your reliance on any content, events, goods or services available on any such site or resource. All dealings You have with third parties found while using the Service are between You and the third party, and You agree that SUPER HAPPY FUN TIME is not liable for any loss or claim that You may have against such third party.
7. Applicable Laws, Dispute Resolution and Arbitration
This Agreement will be governed by the laws of the Netherlands without regard to its conflict of law provisions. Please note that this choice of law does not impair any of the rights granted to consumers under Dutch consumer laws, as contained in the Dutch Civil Code.
If a dispute arises between You and SUPER HAPPY FUN TIME relating to the Agreement, You can contact Customer Support email@example.com to resolve the dispute by mutual agreement. Please note that this provision does not deprive you from your rights to have the dispute adjudicated by the court that has jurisdiction pursuant to the applicable law.
Given the dynamic nature of our Services, SUPER HAPPY FUN TIME reserves the right to make changes to this Agreement at any time. Continued use of the Services or the Site constitutes your acceptance of such changes. Accordingly, you should review this Agreement from time to time to become familiar with such changes.
9. Force Majeure
SUPER HAPPY FUN TIME shall not be liable for a failure or delay to perform resulting from causes outside its reasonable control.
10. General Terms
This Agreement constitutes the entire agreement between You and SUPER HAPPY FUN TIME and governs Your use of the Service, superseding any prior agreements between You and SUPER HAPPY FUN TIME with respect to the Service. You also may be subject to additional terms and conditions that may apply when You use affiliate or third-party services, third-party content or third-party software.
The failure of SUPER HAPPY FUN TIME to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid, the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. All required notices to You may be made by email or through links provided on the Site.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.