Updated: May 12, 2016
“Services” means all services made available by Hyper Hippo, including but not limited to services accessed through the Software or the Site;
“Site” means this site, www.hyperhippogames.com; and
“Software” means all software programs distributed, published or otherwise made available by Hyper Hippo, including, but not limited to mobile games and applications, downloadable/installable games for personal computers or gaming consoles and web-based games accessed by means of a browser or other online communication method, and also includes all updates, upgrades, patches or other improvements as well as any and all accompanying manuals, packaging and other written documents, files, digital or other online materials or documentation and any and all copies of all such software and materials.
ACCEPTANCE OF TERMS
You are responsible for providing all equipment and software, including maintaining an account with any social networking service through which you connect to the Site and/or the associated products and services, necessary to connect to the Site and access the associated products and services, and you are responsible for any fees, including internet connection, mobile data services and similar third party fees that you incur when accessing the Site.
Parents/Guardians of Minors
Trial, Beta Accounts and Feedback
You acknowledge that we may, but are not obligated to, offer certain accounts on a trial, guest, beta and/or promotional basis. You further acknowledge and agree that we may limit the number and usage of such accounts in our sole and absolute discretion. If you have acquired a beta account, you agree that we may solicit your feedback concerning your use of the Site, Software and/or Services and your user experience. Trial, guest, beta and promotional accounts may have limited access to Site, Software and/or Services. In order to obtain full access to these Site, Software and/or Services, you may be required to purchase and/or subscribe to certain Software and/or Services.
You agree that any solicited or unsolicited comments, suggestions or other feedback you provide, whether as a beta account holder or otherwise, will be owned by the Hyper Hippo and may be used by Hyper Hippo for any purpose in its sole discretion without any liability to you for any compensation or otherwise in respect of any use and/or disclosure of such comments, suggestions or other feedback and you hereby waive any associated moral rights you may have in the same.
Laws and Regulations
Your access to and use of the Site, Software and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Hyper Hippo and/or our partners and third party licensors. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of Hyper Hippo or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All information and content available on or through the Site, Software and/or Services (“Content”) is protected by copyright and/or other intellectual property laws. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial and/or public purposes.
Violation of Third Party Rights
You represent, warrant and covenant that all materials of any kind that are uploaded to or transmitted through the Site, Software and/or Services will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trademark, service mark, trade dress, patent, privacy or other personal or proprietary rights of any such third parties. You further represent, warrant and covenant that your use of any user names attached to your account will not violate or infringe upon the trademark, service mark, trade dress or other proprietary rights of any third party. Without limiting any other rights and remedies of Hyper Hippo, Hyper Hippo may suspend the operation and use of any user names where it determines, acting reasonably but in its sole and absolute discretion, that the continued use of the user name will infringe on the proprietary rights of any third party. Hyper Hippo may terminate the privileges of any user who utilizes the Site, Software and/or Services to unlawfully transmit, link or otherwise provide access to copyrighted material without a valid license, express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of Hyper Hippo, in its sole discretion.
Alleged Copyright Infringement Policy
It is Hyper Hippo’s policy to respond to notices of alleged copyright infringement that are made in compliance with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you wish to provide notice of alleged copyright infringement, you must provide the necessary information in the form required by 17 U.S.C. Section 512 and in accordance with the provisions set out below. Hyper Hippo may, in its sole and absolute discretion, terminate or suspend access to the Site, Software and/or Services or any portion thereof, and/or cancel the Account of any user who repeatedly infringes or who is repeatedly alleged to have infringed the copyright or other intellectual property rights of third parties. Hyper Hippo accommodates and does not interfere with standard digital rights management and other technical measures employed by copyright owners to protect their proprietary materials.
Hyper Hippo requires all notices of alleged copyright infringement (a “Copyright Notice”) to be in writing and delivered via regular mail, e-mail or fax to Hyper Hippo or its agent in order to enable us to review and respond to your complaint as efficiently as possible while maintaining compliance with applicable laws. If you are providing a Copyright Notice under the DMCA, you must provide the detailed information outlined below. You should also be aware that, under the DMCA, you could be held liable for damages (including any costs and attorney’s fees) if you materially misrepresent that a product, service, webpage or activity is infringing your copyright. If you are not certain whether the material about which you are complaining infringes your copyright, you should obtain competent legal advice. If you are not subject to the laws of the United States or the infringing content is not hosted in the United States, the DMCA may not apply. If you are not certain whether the DMCA applies, you should obtain competent legal advice. The full text of the DMCA is available from the United States Copyright Office website at: http://www.copyright.gov.
Step 1: Create a written Copyright Notice document using this format.
Section 1: Identify your original work. Identify the copyrighted work that you claim is being infringed. In the case of online content, include the website URL where an authorized copy of your copyrighted content is located. If the copyrighted work is not available online, include a hard copy of the work and proof of the existence and your ownership of the copyright in the work (e.g. your copyright registration).
Section 2: Identify the infringing content. Identify the website URL where a copy of the allegedly infringing material is located. Provide the individual URL(s) of each relevant web page and if necessary the location of the text or content.
Section 3: Your Direct Contact Information
Section 4: Include the following statement:
“I have a good faith belief that use of the copyrighted materials described above in Section 1 on the allegedly infringing web pages identified above in Section 2 is not authorized by the copyright owner, its agents, or the law and therefore infringes the copyright owner’s rights. I hereby request that you forthwith remove or disable access to the identified copyrighted materials on the identified allegedly infringing web pages.”
Section 5: Include the following statement:
“I certify, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly being infringed.”
Section 6: Sign & Date
Step 2: Mail, e-mail or fax the written Copyright Notice document to us.
Please note that the document must be dated and signed with your physical or electronic signature.
Hyper Hippo Productions Ltd.
C/O LAWSON LUNDELL LLP
1600 – 925 West Georgia Street
Hyper Hippo Productions Ltd.
+1 (604) 669-1620
Hyper Hippo will notify a user that it has removed or disabled access to allegedly infringing material by means of a general notice on the Site, e-mail to a user’s e-mail address in Hyper Hippo’s records and/or by written communication to the physical address in Hyper Hippo’s records. Please note that a copy of any Copyright Notice (including your personal information) may be provided to the user who allegedly provided the infringing content.
Counter-Notice to Restore Removed Content
If you are a user and receive notice that your content is alleged to infringe the copyright or other intellectual property rights of a third party, you may provide a response in writing to Hyper Hippo that contains the following:
- a detailed description of the allegedly infringing material that has been removed or disabled, together with the specific location of the web pages containing the material before it was removed or disabled;
- the following statement from you: “I certify, under penalty of perjury that I have a good faith belief that the materials described herein have been removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- your full name, physical address and telephone number;
- the following statement from you: “I hereby consent to the jurisdiction of the courts of competent jurisdiction for the judicial district in which the physical address I have provided is located or, if such physical address is located outside of the United States, then I hereby consent to the jurisdiction for any judicial district in which Hyper Hippo may be found or, failing that, the judicial district for Seattle, Washington, United States of America, and I will accept service of process from the party who provided the DMCA Copyright Notice of the allegedly infringing material or an agent of such party.”; and
- your physical or electronic signature and the date of such signature.
Grant of Limited License
YOU MAY NOT SELL, ASSIGN OR SUBLICENSE ANY USER NAMES OR ACCOUNTS REGISTERED BY YOU AND ANY ATTEMPT TO DO SO WILL ENTITLE HYPER HIPPO, IN ITS SOLE AND ABSOLUTE DISCRETION, TO CANCEL OR SUSPEND YOUR ACCOUNT AND, IN SUCH EVENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF FEES PAID TO HYPER HIPPO BY YOU OR TO ANY OTHER DAMAGES IN RESPECT THEREOF.
User Names and Passwords
When you register an Account, you will be required to select a user name, a valid e-mail address, explicit consent for Hyper Hippo to contact you by way of the provided e-mail address, and a password which you may change at any time (the “Login Information”). Your user name may be publicly visible in certain areas of the Site, Software and/or Services. For this reason, you should avoid choosing a user name that could compromise the security of any of your personal information. We reserve the right to reject and/or remove any user name and to require you to choose a different user name at any time and for any reason in our sole and absolute discretion, including but not limited to where a third party claims that the user name violates its rights. You agree that you will not select or use a user name that is the name of, or makes reference to, another person or entity for the purposes of impersonating that person or entity or for falsely creating the appearance that you are associated with the person or entity. You agree that you will not select or use a user name in which another person or entity has legal rights unless you have that person or entity’s express permission to do so. You agree that you will not select or use a user name that a reasonable person would consider to be offensive.
You are solely responsible for preserving the confidentiality of your password(s) and the Account(s) and you are solely and completely responsible for all activities that occur within or through your Account(s) and under your password(s). You should not provide your password(s) to anyone else and you should change your password(s) regularly and any time you believe that another person has knowledge of your password(s). You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you become aware of any unauthorized use of your password(s) or your Account(s), or any other security breach involving your Account(s) or the Site, Software and/or Services at email@example.com. We are not responsible for any unauthorized access to your Account(s) or password(s) even if you have advised us of a security breach. You will be responsible for all activities that occur through your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you.
Accessing Your Account(s)
Each time that you and/or a Permitted Minor log into and access an Account, you represent and warrant that:
- you are the person who registered the Account or are a Permitted Minor of such person;
- all of the personal information currently submitted in connection with the Account is complete and accurate;
- you and/or any Permitted Minor are accessing the Site, Software and/or Services solely for your own personal, non-commercial purposes;
- you are not, and are not acting on behalf of, any competitor or prospective competitor of Hyper Hippo;
- you and/or any Permitted Minor are not accessing the Site, Software and/or Services for the purposes of any dispute or litigation involving Hyper Hippo;
- you and/or any Permitted Minor are not accessing the Site, Software and/or Services for any illegal purpose or to advertise, solicit or communicate and advertisements, and
- you and/or any Permitted Minor will logoff and exit the Account at the end of each session.
Unauthorized Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site, Software and/or Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site, Software and/or Services may be subject to prosecution.
INFORMATION COLLECTION AND USE
Transmission of Personal Data
You acknowledge and agree that by providing Hyper Hippo with any personal or proprietary user information through the Site, Software and/or Services you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Hyper Hippo’s standard business practices. You should be aware that Linked Sites and any third party services which you may use to access the Software and/or Services may contain transmission of personal data provisions and be subject to privacy policies that differ from the provisions provided herein. Hyper Hippo is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions or the storage, handling or transmission of your personal and non-personal information by any such third parties.
Use of “Cookies”
User Generated Content
- any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which (i) is criminal or which encourages conduct that would constitute a criminal offence, (ii) gives rise to civil liability, (iii) constitutes an invasion of privacy, (iv) otherwise violates any applicable local, state, provincial, national or international law or (v) otherwise harms or can reasonably be expected to create a significant risk of harm to any person or entity;
- advertisements, solicitations or commercial messages or materials of any kind (whether for profit or not);
- messages posted by users impersonating others;
- personal information such as messages which state phone numbers, government issued identification numbers, account numbers, addresses, or employer references;
- unauthorized messages purporting to be issued by employees or agents of Hyper Hippo purporting to speak on behalf of Hyper Hippo or containing confidential information or expressing opinions concerning Hyper Hippo;
- messages or materials that offer or encourage unauthorized downloads of any copyrighted or private information or which otherwise infringe or violate any right of a third party including, but not limited to, intellectual property rights, privacy rights, contractual rights, and confidentiality rights;
- message or materials which are antisocial, disruptive or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, “griefing” and “phishing” as those terms are commonly understood and used in relation to the Internet;
- messages or materials which contain a virus or other harmful content, or which is capable of tampering with, impairing or damage the Site, Software and/or Service or any Linked Site or connected network, and/or which disrupts the use and enjoyment of any of the foregoing by any person or entity; or
- multiple messages by the same user restating the same point.
From time to time Hyper Hippo may offer for sale certain products and services including, but not limited to, subscriptions, memberships, and/or licenses to use “virtual” items such as “virtual currency” (including but not limited to virtual cash, tokens, points, units, or credits, all for use within the game accessed through Site, Software and/or Services), free downloadable content, unlockable content, unlock keys, in-game achievements, digital content and other “virtual in-game items” (all such “virtual currency” and “virtual in-game items” being referred to herein as the “Virtual Items”). You acknowledge that Virtual Items are not real items and do not represent real money or any other type of real financial instrument, but rather are virtual items representing a license from Hyper Hippo to you to access certain features of the Site, Software and/or Services. REGARDLESS OF THE MANNER IN WHICH YOU ACQUIRED THE VIRTUAL ITEMS OR THE CONSIDERATION PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN SUCH VIRTUAL ITEMS. You agree that Hyper Hippo may control, modify, discontinue, replace, manage and/or otherwise regulate any Virtual Items in its sole discretion.
When you sign up for a recurring subscription, membership or other ongoing Software and/or Services, you have the right to cancel the recurring arrangement in writing within seven (7) calendar days after you first entered into the recurring arrangement and you will receive a full refund of any fees paid within thirty (30) days. However, if you access or use the Software and/or Services related to the recurring arrangement, you lose your right to withdraw from or cancel the recurring arrangement and your fees are non-refundable. With respect to Virtual Items, your right of withdrawal or cancellation is lost immediately as the performance of the related Service and/or provision of access and use of the Softeware begins as soon as you place your order. The period of any auto-renewal or recurring arrangement will be the same as the period you originally ordered unless otherwise disclosed to you at the time of purchase. The charges made in connection with any auto-renewal or recurring arrangements will also be at the same rates as were in effect at the time of your original order unless Hyper Hippo gives you prior notice of any change to such charges prior to such charges being made for any subsequent renewal period. If you cancel an auto-renewal or recurring arrangement after the seven (7) day cancellation period or after you have accessed or used the associated Software and/or Services, you will not be entitled to a refund and the cancellation will be effective at the end of the then current recurring period unless you request an earlier termination date in writing. Cancellation requests must be submitted by email to Hyper Hippo at: firstname.lastname@example.org
WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT, PRODUCTS AND SERVICES ON OR THROUGH THE SITE, SOFTWARE AND/OR SERVICES OR OBTAINED FROM A WEB SITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”), ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. HYPER HIPPO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, SOFTWARE, SERVICES OR A LINKED SITE BY ANY PARTY OTHER THAN HYPER HIPPO, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL HYPER HIPPO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
Limitation of Liability for Use of the Site and Linked Sites
THE INFORMATION, SOFTWARE, SERVICES, PRODUCTS AND DESCRIPTIONS OF SOFTWARE AND/OR SERVICES PUBLISHED ON THE SITE OR A LINKED SITE, OR INCLUDED IN THE SOFTWARE OR SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, HYPER HIPPO SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR LINKED SITES OR CONTAINED IN THE SOFTWARE OR SERVICES. HYPER HIPPO MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, SOFTWARE AND/OR SERVICES AT ANY TIME. YOU AGREE THAT HYPER HIPPO, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SOFTWARE, SERVICES OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE, SOFTWARE, SERVICES OR A LINKED SITE, EVEN IF HYPER HIPPO IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. HYPER HIPPO CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, SOFTWARE OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL HYPER HIPPO BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO HYPER HIPPO.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF HYPER HIPPO FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SITE, SOFTWARE AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO HYPER HIPPO
Limitation of Liability for Services Arranged Through the Site
YOU AGREE THAT HYPER HIPPO IS A MERE REPRESENTATIVE FOR THE SUPPLIERS AND ADVERTISERS OF THIRD PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SITE, SOFTWARE AND/OR SERVICES AND HYPER HIPPO DOES NOT ENDORSE OR CONTROL ANY SUCH THIRD PARTY SUPPLIERS, ADVERTISERS OR SUCH THIRD PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH THIRD PARTY SUPPLIERS AND ADVERTISERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, HYPER HIPPO HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY ADVERTISER, CARRIER OR OTHER SUPPLIER THROUGH THE SITE, SOFTWARE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH ADVERTISER, CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE HYPER HIPPO FROM ANY LIABILITY WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL HYPER HIPPO BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO HYPER HIPPO.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF HYPER HIPPO FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SITE, SOFTWARE AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO HYPER HIPPO.
LINKED SITES AND THIRD PARTY SERVICES
Hyper Hippo prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Hyper Hippo reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any Linked Sites is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Hyper Hippo is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Services not Controlled by Hyper Hippo
Some of the Software and/or Services may be accessible, or give you the ability to use such Software and/or Services, on or through a website, service or device not controlled by Hyper Hippo. For example, you may download install or access the Software and/or Services through a mobile or web-based online market place or have the option to use the Software and/or Services online on servers not owned or controlled by Hyper Hippo, or Hyper Hippo may make the Software and/or Services through servers that are not owned or controlled by Hyper Hippo. Hyper Hippo take no responsibility for your use or access of the Software and/or Services through or on any third party service not controlled by Hyper Hippo and otherwise has no control over how such services are offered, administered or operated. Any such use of serviced not controlled by Hyper Hippo is at your own risk and may subject you to additional or different terms and conditions imposed by the third party that owns and controls such services.
UPDATES AND AMENDMENTS
Updates and Discontinuance of Site, Software or Services
You acknowledge and agree that the Site, Software and Services are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Software and/or Services from time to time in order to continue to access the Site, Software and/or Services and your related Account(s). You acknowledge and agree that Hyper Hippo may update, modify, patch and/or discontinue any aspect of the Site, Software and/or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you.
You acknowledge that it may be necessary for you to update or upgrade third party software, hardware and devices from time to time in order to continue to access the Site, Software and/or Services and your related Account(s). Hyper Hippo reserves the right to modify or increase the system specifications necessary to access and use the Site, Software and/or Services at any time and without notice. You are responsible for purchasing any necessary additional technology, systems or services in order to access and use the Site, Software, Services and/or your related Account(s).
Hyper Hippo reserves the right, at any time, to update, modify and/or reset certain parameters of the Site, Software and/or Services which may impact the status, progress or achievements of characters, games, groups and/or items under your control or associated with your Account(s). Hyper Hippo will not have any liability to you for any such updates, modifications or resets or the consequences thereof.
- modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Software and/or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
- make changes to any fees or charges, if any, related to your use of the Site, Software and/or Services;
- make changes to the equipment, hardware or software required to use and access the Site, Software and/or Services; and
- interrupt the Site, Software and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.
This Site is operated from and Hyper Hippo is headquartered in the Province of British Columbia, Canada. By electing to access this Site, Software and/or Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site, Software and/or Services are in compliance with all laws applicable within that other jurisdiction. Hyper Hippo makes no representation that materials, products and services available on or through the Site, Software and/or Services are appropriate or available for use in jurisdictions outside of Canada. You are not permitted to access the Site, Software and/or Services from any jurisdiction in which the Content is illegal and/or accessing the Site, Software and/or Services is illegal. You may not use, export or re-export any materials from this Site, Software and/or Services in violation of any applicable laws or regulations.
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Hyper Hippo, which consent may be withheld in Hyper Hippo’s sole discretion, and any attempted assignment in violation of the foregoing is void. Hyper Hippo may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site and/or the business and undertaking of Hyper Hippo.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes. The venue of the arbitration shall be Vancouver, British Columbia, Canada.
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.
Additional Terms and Conditions for Specific Hyper Hippo Software or Services
Hyper Hippo Software and/or Services for the PlayStation®4 and PlayStation Vita computer entertainment systems
PlayStation®Store Purchases in Europe
Any content purchased in an in-game store will be purchased from Sony Network Entertainment Europe Limited (“SNEE”) and be subject to “PlayStation Network” Terms of Service and User Agreement which is available on the PlayStation®Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
PlayStation®Store Purchases in USA and Canada
Purchase and use of items are subject to the “PlayStation Network” Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Computer Entertainment America.