Terms of Service and End User License Agreement
Terms of service and end user license agreement ("Agreement")
Last updated: March 01, 2016
This Agreement is a legal agreement between you (either an individual or a single entity) and Higgs Games GmbH, Am Bergacker 3, 85604 Zorneding, Germany (“Higgs Games”) and it governs your use of all Websites, Applications and related Services (“Service”) distributed, published or otherwise made available by Higgs Games or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer and video game consoles, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), on-line materials or documentation.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR INSTALL OUR APPLICATIONS OR USE THE SERVICE.
The Application is licensed, not sold, to you by Higgs Games for use strictly in accordance with the terms of this Agreement.
Higgs Games grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right and license to download, install and use one copy of the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
- create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- copy or use the Application for any purpose other than as permitted under the above section 'License'.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Higgs Games or its affiliates, partners, suppliers or the licensors of the Application.
- share your Account or login information nor let anyone else access your Account. You take full responsibility for anything that happens with or through your Account.
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Application or Service.
Violating above rules Higgs Games reserves the right to take action which may include terminating your Account and prohibiting you from using the Service in whole or in part.
Higgs Games my license to you certain virtual goods to be used with Higgs Games Application or Service which you may purchase, with “real world” money and without any separate fee (“virtual in-game currency”). These virtual goods may also be licensed by using separate activation codes. You are only allowed to purchase virtual goods from us or our authorized partners through the Application or Service, and not in any other way.
You agree to pay all fees and applicable taxes incurred by you or anyone using your Account to use a Higgs Games Application or Service. Higgs Games may revise the pricing for the virtual goods and services offered through the Service at any time.
By paying for virtual goods you represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; and authorize Higgs Games or the third party charging you for the virtual goods, as applicable, to take payment from you for the virtual goods, using the payment method you have selected.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT HIGGS GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS AGREEMENT WAS VOLUNTARY OR INVOLUNTARY.
All materials contained on our Websites, in our Applications and Services, such as text, graphics, icons, still and moving images, sound recordings, musical compositions, audiovisual works, including without limitation all copyrights, patents, trademarks, trade secrets, product names and logos and other intellectual property rights are, and shall remain, the sole and exclusive property of Higgs Games or the property of their respective owners and are protected by German and international copyright laws.
You may, however, download material from the site (one machine readable copy and one print copy per page) for your personal, noncommercial use only. We reserve all rights in and title to all material so downloaded. Any rights not expressly granted herein are reserved.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Higgs Games with respect to the Application or Service shall remain the sole and exclusive property of Higgs Games.
Higgs Games shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application and Service
Higgs Games reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any Service to which it connects, with or without notice and without liability to you.
Updates to Application
Higgs Games may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Higgs Games has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application or Service may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Higgs Games shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Higgs Games does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Higgs Games.
Higgs Games may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Higgs Games, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of Higgs Games's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Higgs Games and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application or Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application and all Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Higgs Games, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application and Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Higgs Games provides no warranty or undertaking, and makes no representation of any kind that the Application and will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Higgs Games nor any Higgs Games's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Higgs Games are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Higgs Games and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Higgs Games, Higgs Games affiliates, licensors, channel partners or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Higgs Games or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
Higgs Games reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Germany, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between you and Higgs Games regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Higgs Games.
You may be subject to additional terms and conditions that apply when you use or purchase other Higgs Games services, which Higgs Games will provide to you at the time of such use or purchase.