Terms of Service
Effective date: March 1, 2022
Thank You for using our games, applications, products, or related services (collectively, the “Application”). The Application is provided and maintained by HUBLIX LIMITED (“HUBLIX" or “we” or “us” or “our”), a New Zealand corporation with its registered office at Level 5, 129 Hurstmere Road, Takapuna, Auckland 0622. Your use of our Application and of the products and Services provided through it or related to it are governed by, and subject to, these Terms of Service (the “Terms”). Service or Services means any of the Application or other products or services provided or offered by Us, including those described in these Terms, whether through a website owned, maintained or controlled by Us, through a social network, a mobile application, on a cellular telephone or otherwise.
By using our Application (including by simply viewing the site’s content), You agree to abide by the Terms as set forth below. These Terms are between You, the user (“You” or “Your”) and HUBLIX (“Us”, “We” or “Our”), and govern Your access to and use of Our Application and all products and Services offered by Us. Your access to and use of the Application and its content or Services is conditioned on Your acceptance of and compliance with these Terms.
We do not represent that Our Application is governed by or operated in accordance with the laws of other nations, or that Our Application or any portion of it is appropriate or available for use in any particular location. If You choose to access Our Application, You do so at Your own risk, and You are responsible for complying with all local laws, rules and regulations.
You may access, browse and use the Application and its content only for limited purposes. If You are an individual, Your use is limited to Your personal, non-commercial use, on a single computer or other Internet-compatible devices. If You are an employer, Your use is limited to those uses permitted by any contract You have with Us or as is otherwise authorized by Us.
1. Accepting the Terms of Service
1.1. These Terms create a legal agreement between You and HUBLIX and contain important information regarding Your legal rights, remedies, and obligations. By accessing or otherwise using the Application, You:
- Acknowledge You have read, understand, and agree to be bound by these Terms;
- Agree to comply with all applicable laws, rules and regulations with respect to Your use of the Application; and
- Represent that (a) You are an adult of age 18 or older, and have the legal capacity to enter into contracts in the jurisdiction where You reside or, (b) if You are under 18 years of age, Your parent or guardian has permitted You to use the Application; has read, understood, accepted, and agreed to be bound by these Terms; and has agreed to be responsible for Your activities in connection with the Application.
1.2. The Terms govern Your downloading, installing, access and/or using our Application, including, but not limited to, the registration and use of Your account, any support, any updates we may make available to You; any Virtual Currency or Virtual Goods; any other texts, graphics, images, arts, sounds, music, video, audiovisual effects and combinations, interactive content, software, feedback, comments, communication, suggestions and any other material, content, data, information and service may be made available to You through the Application and related products or services, whether on Your mobile device, computer, on our website or any other device, platform or website.
Please read these Terms carefully before You decide whether to accept them. If You do not agree to these Terms, You may not access, browse or use the Application, and should discontinue Your activities immediately. If You access Our Application, You are agreeing to these Terms.
2.3. We have technical, administrative and physical safeguards in place to help protect against unauthorized access to, use and disclosure of the PII and other information We maintain. Access to this information is authorized only for those who have a business need for such access.
2.4. Our system automatically records information created by any use of Our Application. That information or Log Data may include details such as the User’s Internet Protocol address, browser type, operating system, the referring web page, pages visited, location, Your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when Users interact with Our Application. Such interaction may occur when Users visit Our Application, sign into Our Application, interact with Our email notifications, and so on. We use Log Data to provide Our services and content and to measure, customize and improve Our Application and its Content and Services.
2.6. We will do Our best to keep the PII data We maintain secure. However, no program is totally secure. Therefore, We cannot guarantee that Our safeguards will prevent every attempt at unauthorized access or use, or the disclosure of any PII. If You become aware of a security breach, please notify Us immediately at firstname.lastname@example.org
3. Intellectual Property
3.1. HUBLIX and its Affiliated Parties, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all the content and materials on the Application (the “Content”) and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademarks, trade secrets, trade names and all other proprietary rights, and patent rights. Content includes, but is not limited to, titles, computer codes, texts, graphics, images, arts, sounds, music, video, audio and/or audiovisual effects and combinations, interactive content, recording of gameplay made using the Application, software, feedback, comments, communication, suggestions and any other material, look-and-feel, design, layout, organization, presentation, User interface, navigations and stylistic convention of the site. All rights not expressly granted to You herein are reserved by HUBLIX.3.2 As long as You, the user, are in compliance with these Terms, we provide You a non-exclusive, personal, non-transferable, revocable limited license to Services only for Your personal private non-commercial, entertainment use (excluding any related object or source code). You must exercise this license in accordance with these Terms and You are not authorized to use the Application for any other purpose.
3.3. You acknowledge and agree that You shall have no right, title or interest in any of our Application, including without limitation any content that appears in the Application, accounts, any Virtual Currency and/or Virtual Goods, other than the license granted to You by these Terms. You do not acquire any ownership interests in any Application Content by accessing, browsing, or otherwise using the Application.3.4. You must not copy, reproduce, republish, redistribute, modify, license, sublicense, distribute, transmit, display, perform, publish, reverse engineer, create derivatives based on the Application or any part of our Application, create or make available to the public any work related to our games, or otherwise exploit, through any means or media, any of the Application’s Content.3.5 You must not make any cheats or other technological means available that would allow You or any other user to control our Application or its elements, including without limitation allowing users to obtain Virtual Currency and/or Virtual Goods, whether it be free or not.
3.6. If You feel that someone has infringed upon Your own personal intellectual property rights via the Internet, You may contact us by emailing the following information to email@example.com:
- a description of Your intellectual property rights and an explanation as to how You believe Your rights have been violated;
- a description where the material You believe has violated Your rights is located;
- Your name, address, phone number and email address;
- a personal statement, under penalty of perjury, that (i) You sincerely believe that the use of material in question is unauthorized, as You an owner of the intellectual property rights to said material, and (ii) that all information that You have provided is true, accurate and correct (and, if applicable, that You are authorized to act on behalf of the owner of said infringed material); and
- a signature (in pen or electronic) of the person authorized to act on behalf of the owner of said infringed material.
4. User Account
4.1. You may be required to create an account with us, to select a password for Your account or You may allow our Application to interact with account for any social network or platform or also use other credentials to access the account (“Account Information”).4.2. You acknowledge and agree that Your account is personal to You and that You are not entitled to transfer Your account to any other person. You shall not rent, sell or give away Your Account Information, create an account using a false identity or information, or on behalf of someone other than Yourself. You shall keep Account Information secret/confidential. You shall not give Your Account Information to anyone else, nor allow anyone else to use Your Account Information or otherwise jeopardize the security of Your account. You are solely responsible for maintaining Your account or using the Application, including without limitation in-app purchases, whether or not authorized by You, and You agree to fully compensate us for any losses or harm in case You fail to keep Your Account Information confidential, or if You share Your Account Information with someone else in any way.4.3. HUBLIX reserves the right to assume that anyone logging into Your account using Your Account Information is either You or someone logging in with Your permission. We accept no responsibility to You for any loss or harm that You may suffer as a result of an unauthorized access to Your account or use of the Application or for any loss or harm resulting from any unauthorized use.4.4. You acknowledge and agree that if You delete Your account, or if we delete Your account in accordance with these Terms, You may lose access to any data with regard to Your account, including, but not limited to, Your game progress, any achievements or awards, any Virtual Currency or Virtual Goods, and other data, information, content and materials relating to Your account.
4.5. We require an individual to be at least eighteen (18) years old to be a User on Our Application. This Application is not directed toward children under 18 years of age nor do We knowingly collect information about children under 18. If You are under 18 years of age, You are not permitted to submit any PII to Us.
4.6. We reserve the right to terminate any Account or to refuse Service to You, without prior notice, at any time and for any or no reason. Without limiting the foregoing, if We, in Our absolute discretion, find that You have violated these Terms, or Our Community Guidelines more than once, We will, in appropriate circumstances, permanently terminate Your Account.
4.7. You have the right to cancel Your Account at any time.
4.8. If You had an Account with Us which was previously terminated by Us or You otherwise had Your access to Our Application terminated, You will not be permitted to become a User without Our express consent, which We may give or withhold in Our absolute discretion.
5. User Content
5.1. You represent that all data, information, communication, including without limitation any chat text, image, graphics, sound, video, tags, or other materials (“User Content”) that may be uploaded, transmitted, sent, communicated or otherwise made available through our Application by You shall remain accurate, complete and true.5.2. You acknowledge and agree that all User Content uploaded, transmitted, sent, communicated or otherwise made available through our Application by You, whether publicly posted or privately, are Your sole responsibility.5.3. When You use the Application, You acknowledge and agree that there may exist offensive, indecent or otherwise objectionable material. The Service may include various forums, blogs and chat features where You can post User Content, including Your observations and comments on designated topics.
HUBLIX does not and cannot guarantee that other users/members will not use the ideas and information that You share. If You have an idea or information that You would like to keep confidential and/or don’t want others to use, do not make it available through the Application. HUBLIX has no responsibility to evaluate, use or compensate You for any ideas or information You may choose to share or submit.
HUBLIX is not responsible for any User Content that is uploaded, transmitted, sent, communicated or otherwise made available through our Application by You or other users, not responsible for monitoring the Application and assumes no obligation to modify, edit, remove or delete for inappropriate content or conduct and no obligation to modify, edit, remove or delete any inappropriate content. HUBLIX does not, and cannot, pre-screen or monitor all User Content and users’ conduct. Therefore HUBLIX does not guarantee the quality, accuracy or integrity of User Content on our Service. HUBLIX will not be held liable for any such circumstance regarding User Content, including, but not limited to, errors, loss or damage. Your use of the Application is at Your own risk.5.4. HUBLIX is not required to, although it may, regulate, monitor and/or record Your interaction with the Service or communications (including without limitation chat text) when You are using the Service. HUBLIX is not obliged to, but is authorized to, review, monitor, prohibit, edit, remove, delete, disable access to or otherwise make unavailable any User Content that may be uploaded, transmitted, sent, communicated or otherwise made available by users through our Application without prior notice for any reason or for no reason at any time.5.5. By installing, using or otherwise accessing the Application, You hereby provide Your irrevocable consent to such regulation, monitoring and recording. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Content, including, but not limited to, chat text or voice communications.5.6. That being expressed, You, the user, are responsible for any User Content that You submit, and acknowledge and agree that no user User Content that is uploaded shall violate our Community Guidelines or shall be:
- harassing, illegal, defamatory, threatening, libelous, offensive, pornographic, inappropriate, abusive, racist, unlawful or otherwise objectionable;
- a misrepresentation or constitute fraud;
- protected by law, including without limitation confidential information, copyright, trademark, patent, trade secrets or any other proprietary rights or in violation any applicable laws and regulations or contractual restrictions;
- marketing or advertising for any good, service, business or other organization;
- an invasion of a third party’s privacy or an impersonation of another person and/or user;
- with or contain viruses, malware or any other malicious code, files, or programs designed to interrupt, destroy or limit the functionality of any software or equipment; or
- otherwise prohibited by applicable laws and regulations.
5.7. When You upload, transmit, send, submit, store or receive Content to or through our Application, You:
- confirm that You are authorized to do so;
- agree to allow us and our affiliates to edit, publish, adapt and/or use Your User Content and any derivative work we may create from it in any and all media (whether now existing or to be invented in the future), for any purpose, in perpetuity, without any compensation or payment to You;
- acknowledge and agree that You may have “moral rights” to such User Content (such as the right to be acknowledged for Your creation and to not have Your work used in a derogatory manner) and You also acknowledge and agree that You waive any such moral rights to such User Content; and
- agree that, regarding any User Content that may be submitted by You, the user, we are not required to protect or monitor such User Content rights, and that, if we choose, we are authorized to enforce Your rights on Your behalf, including but not limited to taking legal action, and assuming all costs for doing so.
5.8. You must not copy or distribute, create or make available to the public any derivative work from User Content related to our games that belongs to another user.5.9. Any Content that You make available on our Service using the tools and technology provided by HUBLIX is entirely voluntary. In exchange for use of the Application You hereby grant to HUBLIX a sole, exclusive, irrevocable, perpetual, transferable, sublicensable, assignable, fully paid-up, royalty-free, worldwide license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to us the right to authorize others to exercise any of the rights granted to HUBLIX under these Terms. You further hereby grant to HUBLIX the unconditional, irrevocable right to use and exploit Your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by law, You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner. HUBLIX does not claim any ownership rights in Your User Content and nothing in these Terms is intended to restrict any rights that You may have to use and exploit Your User Content. HUBLIX is not obliged to monitor or enforce Your intellectual property rights in or to Your User Content.
6. Application Access Rules
You warrant and agree that, while accessing or using the Application, You will abide by Our Community Guidelines, and will not:
- hack, attack, copy or alter any Content on the Application or obtain or attempt to gain unauthorized access to Our Application and/or other computer systems, materials, information or any Content or Services available on or through the Application through any means, including through means not intentionally made publicly available or provided through the Application;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Application, or obtaining lists of users or other information from or through the Application, including any information residing on any server or database connected to the Application;
- use the Application or any of its features, Content and/or Services in any manner that could interrupt, damage, disable, overburden or impair the Application or interfere with any other user’s use and enjoyment of the Application, including, but not limited to, sending chain letters, pyramid schemes, spam, mass unsolicited messages or “flooding” servers;
- engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scrapping,” “database scraping,” or any other activity whose purpose is to obtain lists of users, their PII or any other information We maintain about Application visitors;
- remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Application or any of its Content or any of Our code embedded in or embeddable on Our Application or on a third party website and/or Our software or any software on any third party website;
- submit any comments, content or materials to Us or any third party website that falsely expresses or implies those comments or Content or materials are endorsed by Us;
- use the Application or any of its Services in violation of the intellectual property or other proprietary or legal rights or Our rights or those of any third party;
- use the Application to violate the security of any computer network or transfer or store illegal material;
- use the Application or any of its Content and/or Services in violation of any applicable law;
- use false information or impersonate any person or entity or misrepresent Your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Application or any person or entity otherwise affiliated with Us;
- post, upload, transmit, publish, reproduce or otherwise disseminate through the Application any Content that We determine in Our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise infringes Our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to Our reputation or that of any affiliated individuals or entities, including Affiliated Parties; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis;
- use an inappropriate username or screen name;
- use as a User ID or a name subject to any rights of a person other than Yourself without appropriate authorization and/or use tools which anonymize Your Internet Protocol address to access Our Application;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Application or any of its Content and/or Services;
- submit false or misleading information to Us;
- modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and/or organization of Our Application or any portion thereof, except where required by applicable local law, and then only to the extent required by such law(s);
- violate the intellectual property, contractual, personal or other rights of any individual or entity, or promote or constitute illegal activity;
- mislead, defraud or trick Us or any user(s), especially if You are seeking to learn sensitive information about any user or his/her/its Account(s), including user names, passwords and/or other information including PII;
- transmit, disseminate or use any spam, malware, viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code or program or upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, web bugs, cookies and/or similar devices;
- other than as the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper or offline reader that accesses Our Application, or use or launch any unauthorized script or other software;
- obscure or cover any notice, banner, advertisement or other branding on Our website; and/or
- circumvent, interfere with or seek to interrupt or disturb any security feature of Our Application or any feature that restricts or enforces limitations on the use of or access to Our Application.
7. Policy Regarding Names
7.1. Nicknames, guilds or hubnames and any other nameable item or entity of the user may not:
- be obscene, profane, sexually explicit, vulgar, harmful, hurtful or make inappropriate references to the human body or its functions;
- promote drugs or imply anti-LGBTQgay, ethnic, racial or sexual offense nor any real hostility toward a specific race, religion or nationality;
- reference any sexual orientation or aspect thereof, whether it be regarding the user themselves or other users;
- violate any law;
- violate HUBLIX’s or any third party’s property rights;
- violate HUBLIX’s Community Guidelines;
- initiate a call or call for activities of terrorism or extremism, nor serve as a means of communication for extremist or terrorist persons/groups/organizations;
- contain information that may discredit or offend public officials or any well-known symbol;
- contain any serial numbers or other login/password information for commercial products or services, that would allow users to access otherwise paid Internet services for free;
- contain information or statements that may disclose data representing some confidential secret or other confidential information;
- contain slander, threats or coarse expressions or suggestions that would be in conflict with general ethics, nor any information that would be in contrast to a third party’s privacy (such as name, address, telephone number or any other personal identifying information);
- consist only of well-known names, political parties, geographical locations or numbers that are associated with the above;
- emulate or praise any real group or organization, sports team, historical event, terrorist society, or other community or group that may have a negative connotation or be connected to crimes against humanity, nor any discriminatory statements or words in reference to a national, gender, racial, religious view or their leaders/figures (such as military, religious or political groups);
- use the name of another user to falsely represent that user.
7.2. HUBLIX reserves the right to refuse registration of nicknames, hubs names, descriptions or other names of any user without any prior notice, as well as change or suspend/terminate this agreement and the Service as a result of any violation of the above or other reason, all at its own discretion.
8. Virtual Currency and Virtual Goods
8.1. HUBLIX’s Application may include virtual currency, such as virtual rubies, coins, points or similar items, (“Virtual Currency”) and virtual digital items, such as abilities, useful items or other goods (“Virtual Goods”), all for use in HUBLIX’s Application.8.2. When You collect, purchase, or obtain through the Application, any Virtual Currency or Virtual Goods, You receive only a limited, personal, non-transferable, non-refundable, non-sublicensable, non-assignable and revocable license to use Virtual Currency and Virtual Goods, only for Your personal entertainment, in connection with the Application and Services, and in the ways permitted by these Terms.8.3. HUBLIX hereby reserves the right to manage, control, regulate, change or eliminate Virtual Currency or Virtual Goods or price and availability of Virtual Currency or Virtual Goods without any liability to You at any time and at its own discretion without prior notice. To exercise such right, HUBLIX shall not be held liable to anyone, whether it be the user or a third party.
We may limit the total amount of Virtual Currency or Virtual Goods that may be purchased at any one time, and/or limit the total amount of Virtual Currency or Virtual Goods that may be held in Your account in the aggregate. You are only allowed to obtain Virtual Currency or Virtual Goods from us or our authorized partners through the Application, and not in any other way.
We may change, directly or indirectly, the perceived value of the Virtual Currency of Virtual Goods. This includes the right to modify, revoke, or terminate a User’s license to use Virtual Currency or Virtual Goods without notice, payment, or liability to user.
HUBLIX is not responsible for hacking or loss of Your Virtual Currency or Virtual Goods.8.4. You hereby acknowledge and agree that Virtual Currency and Virtual Goods cannot be transferred, and said transfer is prohibited except for in the manner expressly stated in the Service. You may not sell, transfer or redeem Virtual Currency or Virtual Goods belonging to HUBLIX to any other user or third party.8.5. You hereby acknowledge and agree that in reference to Virtual Currency and Virtual Goods, all purchases and redemptions are final and non-refundable. You acknowledge and agree that the provision of Virtual Items for use in Application is a process that commences immediately upon purchase and You forfeit and lost Your right of withdrawal once the performance has started. Accordingly, a “purchase” is complete at the time our servers validate Your purchase and the applicable Virtual Currency and/or Virtual Goods are successfully credited to Your account on the servers.8.6. If You do not connect the Application on a device to an account that is linked to Your social network account, we will not be able to restore any Virtual Currency and/or Virtual Goods and other data associated with Your account to a different device if You lose that device or it is damaged.
As a result, on a device which is not connected in this way:
- You bear any risk of loss of Virtual Currency and/or Virtual Goods which You purchase from us upon completion of the purchase as described in Section 6.5 above;
- You bear any risk of loss of Virtual Currency and/or Virtual Goods that You receive from us without making a purchase, upon the time the Virtual Currency and/or Virtual Goods are successfully credited to Your account on the servers; and
- You bear any risk of loss of other data relating to Your account (including, without limitation, Your progress through the Service, or score You have reached through the Application).
8.7. Any Virtual Currency and/or Virtual Goods are purchased from Your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If You are unsure about usage rights, please check with Your platform provider before making a purchase.
9. Violation of the Terms of Service
9.1 HUBLIX reserves the right to suspend/terminate access to its Application (even if that means deleting Your account) if it deems that You are in violation of these Terms and/or Our Community Guidelines (either resulting from one major violation or a combination of minor violations).
10. Warranties, Disclaimers, and Releases
10.1. HUBLIX PROVIDES THE SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND HOPES THAT YOU WILL ENJOY USING THEM. BUT THERE ARE CERTAIN THINGS THAT HUBLIX DOESN’T PROMISE ABOUT THE SERVICES.
HUBLIX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES. THERE MAY BE TIMES WHEN OUR SERVICES OR ANY PART OF THEM ARE NOT AVAILABLE FOR TECHNICAL OR MAINTENANCE RELATED REASONS, WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS.
The Application is accessible world-wide. However, some of its features or functions may not be available or appropriate for use and/or may not be available to all persons or in all geographic locations. We make no representation that the Application or Our Content and Services are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions. Your access and use of the Application may not be legal in Your jurisdiction. If You choose to access, browse or use the Application, You do so on Your own initiative and at Your own risk, and You are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.10.2. THE SITE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE SITE OR ITS CONTENTS AND/OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER’S ACCESS TO, BROWSING, OR USE OF THE SITE OR THE DOWNLOADING OF ANY CONTENT ON THE SITE. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to You based on where You reside or access Our Application.10.3. AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
11. Limitations on Liability and Remedies
11.1. EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE OR INABILITY TO USE OUR SITE, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, Our liability shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL WE BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER ON OR THROUGH THE SITE (INCLUDING ANY USER GENERATED SUBMISSIONS).
11.2. IN NO EVENT SHALL OUR TOTAL LIABILITY TO ANY USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, (i) THE AMOUNT, IF ANY, PAID BY THE USER TO HUBLIX FOR HIS/HER/ITS USE OF THE SITE AND SERVICES IN ACCORDANCE WITH THESE TERMS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM; OR (ii) ONE HUNDRED EUROS (EURO 100).
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HUBLIX DURING THIS TIME PERIOD, YOUR SOLE REMEDY (AND HUBLIX'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HUBLIX IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.11.3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HUBLIX AND YOU.
11.4. IN ALL CASES, HUBLIX, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
12.1. You acknowledge and agree to indemnify, defend and hold HUBLIX and its members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of Your use of the Application, or any breach by You of the Terms, however the foregoing does not apply if the third party claim is not attributable to Your intentional or negligent behavior.12.2. You acknowledge that the rights granted and obligations made to HUBLIX under these Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm HUBLIX and which cannot be replaced by monetary damages alone, so that HUBLIX shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Application and agree to limit Your claims to claims for monetary damages, limited by Section 9.1 (if any).
13. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE CAREFULLY READ THIS SECTION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Following the receipt of the Notice, the parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating arbitration.
If You have any concerns or queries regarding our Application, You may contact us at firstname.lastname@example.org. Most concerns are quickly resolved in this manner to our customers’ satisfaction.13.3. If the parties do not reach an agreed upon solution within 90 days from the time the informal dispute resolution is pursued pursuant to Section 13.2 above, then either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them, subject to the terms set forth below:
- This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability and formation of the agreement to arbitrate notwithstanding any other choice of law provision contained herein. The arbitration provisions shall survive termination, if any, of this agreement as set forth below in Section 13. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the agreement to arbitrate, including without limitation any claim that all or any part of this agreement to arbitrate is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- Your arbitration fees and Your share of arbitrator compensation shall be governed by the JAMS Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as appropriate (and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees), but such Rules and Procedures shall not incorporate JAMS Class Action Procedures or any JAMS rules or procedures governing or permitting class, collective, or representative actions or proceedings. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, HUBLIX will pay the additional cost. The JAMS rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267.
- The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial, to the extent allowed by law. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Unless You and We agree otherwise, any arbitration hearing will take place in Los Angeles County, California. You and We agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.13.4. Class/Privacy Attorney General Waivers: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. If any court or arbitrator determines that the class, collective, or representative action waiver set forth in this Section 13.4 is void or unenforceable for any reason or that an arbitration can proceed on a class, collective, or representative basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.13.5. Notwithstanding the parties’ decision to resolve all disputes through arbitration, as an exception to resolving all disputes through binding arbitration, to the extent that a dispute arises from:
- (i) a violation of enforcement of HUBLIX´s intellectual property rights in any manner (but not, for clarity, a dispute or claim related to the license granted to You under these Terms); or
- (ii) allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse then the parties agree that either party may seek injunctive remedies (or an equivalent type of urgent legal relief) in court, subject to further provisions below. In addition to the foregoing, either party may assert an individual action in a small claims court for claims or disputes that are within the scope of such court’s jurisdiction in lieu of arbitration.
13.6. You have the right to opt-out and not be bound by the binding arbitration and class, collective, and representative action waiver provisions set forth in Sections 13.1 through 13.5 above by sending written notice of Your decision to opt-out to the following address: Level 5, 129 Hurstmere Road, Takapuna, Auckland 0622, Attention: Legal Department. The notice must be sent within 30 days of the earlier of Your first download of the applicable Application or commencing use of our Application (or if no purchase was made, then within 30 days of the earliest of the date on which You first download the applicable game or accessed or commenced using the applicable Service). Your request to be excluded will only be effective and enforceable if You can prove the request was postmarked within the applicable 30-day deadline. Otherwise, You shall be bound to arbitrate disputes in accordance with the terms of those Sections. If You opt-out of these arbitration provisions, We also will not be bound by them.13.7. HUBLIX will provide 30-days’ notice of any changes to this Section 10 through the Application or via other similar means. Changes will become effective on the 30th day from the first posting of the notice, and will apply prospectively only to any claims arising after the 30th day. In the event that You reject any future changes, You are agreeing that You will arbitrate any dispute or claim between us in accordance with the language of this Section 13.
14. Dispute Resolution, Governing Law, and Jurisdiction
14.1. If a dispute arises between You and HUBLIX, we strongly encourage You to first contact us directly to seek a resolution by contacting us at email@example.com. If You are a resident of the United States:
- You and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims or disputes that are subject to exceptions to binding arbitration as set forth above in Section 13, or otherwise determined not to be arbitrable.14.3. If You are a resident outside of the United States, to the fullest extent permitted under applicable law:
- If any user outside of the United States is entitled to commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by the provisions of Section 13, “BINDING ARBITRATION AND CLASS ACTION WAIVER” above.
- If a claim or dispute You may have against HUBLIX is not arbitrable, then You agree that any such claim or dispute must be resolved exclusively by a court located in Singapore, and You and we irrevocably consent to the exclusive jurisdiction and venue of courts located in Singapore.
15. Termination of the Application/Agreement
15.3. Upon termination of Your access to or ability to use Our Application, including but not limited to suspension of Your Account, Your right to use or access any Service and/or any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of Our Application shall not relieve You of any obligations arising or accruing prior to such termination or limit any liability which You otherwise may have to Us or any third party.15.4. We reserve the right to delete Your account if no activity is conducted by You in relation to the account for 180 or more days. In such event, You may no longer be able to access and/or use any Virtual Currency and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to You in relation to the same.15.5. At any time, You may terminate this agreement and the resulting relationship with HUBLIX by stopping use of the Application.
16. Miscellaneous Provisions
These Terms constitute the entire agreement between You and Us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us, with respect to Your use of the Application and all matters relating to Your access to, and/or use of, the Application.
16.3. Severability.If any part of these Terms is determined to be invalid or unenforceable under any applicable law or by an applicable court, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provisions(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part shall be deemed deleted from these Terms without affecting the remaining provisions of these Terms.16.4. No Waiver.Any failure on the part of HUBLIX to exercise any and all rights or provisions under these Terms shall not constitute a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be express and in writing.16.5. Assignment.You agree that We may assign any of Our rights, and/or transfer, sub-contract or delegate any of Our obligations, under these Terms. Your agreement to these Terms is personal to You as a User, and so You may not transfer or assign Your rights and obligations under this Agreement to any third party without Our prior written consent.16.6. Compliance.Should there be any question of Your compliance with these Terms, HUBLIX may request, and You must provide, any information, documentation or releases necessary to prove such a fact.16.7. Construction and Waiver of Defense.No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
The headings in these Terms are for reference only and do not affect the interpretation of this agreement.
16.14. Notice for California Users.
Under California Civil Code Section 1789.3, Users of the Application from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
16.15. Notice for New Jersey Users.
The following sections shall not apply to Users of the Application from New Jersey: Disclaimers/No Warranties, Limitation of Liability and Jurisdiction.
16.16. Agency or Other Relationship.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
16.17.“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
Should You have any questions regarding these Terms, please contact us at firstname.lastname@example.org.