Effective
Date: September 12, 2016
The
terms of this agreement (“Terms of Service”) govern the relationship between
you and HHS Daily and its affiliates (hereinafter “HHS Daily” or “Us” or “We”)
regarding your use of HHS Daily’s games, websites and related services (the
“Service”). Use of the Service is also governed by our
Privacy Policy, which is incorporated herein by reference.
Before
accessing or using the Service, including browsing any HHS Daily website or
accessing a game, you must agree to these Terms of Service and the Privacy
Policy. You may also be required to register an account on the Service (an
“Account”). By registering for an Account or otherwise using the Service, you
represent that you are age 13 or older and you understand and agree to these
Terms of Service. If you are between the ages of 13 and 17, you represent that
your legal guardian has reviewed and agreed to these Terms. If you access the
Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you
shall comply with its terms of service/use as well as these Terms of Service.
By
installing, using or otherwise accessing the service, you agree to these terms
of service. If you do not agree to these terms of service, please don't
install, use or otherwise access the service. Use of the Service is void where
prohibited.
HHS Daily reserves the right, at its discretion, to change, modify, add or remove
portions of these Terms of Service and its Privacy Policy at any time by
posting the amended terms on the HHS Daily Service. You will be deemed to have
accepted such changes by continuing to use the Service. If at any point you do
not agree to any portion of the then-current version of our Terms of Service,
the HHS Daily Privacy Policy, or any other HHS Daily policy, rules or codes of
conduct relating to your use of the Service, your license to use the Service
shall immediately terminate, and you must immediately stop using the Service.
1.
Licence
1.1.
Grant of a Limited License to Use the Service
Subject
to your agreement and continuing compliance with these Terms of Service and any
other relevant policies, HHS Daily grants you a non-exclusive,
non-transferable, non-sublicensable, revocable limited license subject to the
limitations below to access and use the Service for your own non-commercial
entertainment purposes. You agree not to use the Service for any other purpose.
The
following restrictions apply to the use of the Service:
§
You shall not sell, rent or give away your Account, create an
Account using a false identity or information, or on behalf of someone other
than yourself; You shall not use the Service if you have previously been
removed by HHS Daily, or previously been banned from playing any our game;.
§
You shall use your Account only for non-commercial purposes; You
shall not use the Service to advertise, or solicit, or transmit any commercial
advertisements, including chain letters, junk or spam e-mail or repetitive
messages to anyone;
Login
information and Your Account
During the Account creation process, you will be required to select a password
(“Login Information”). You shall not share the Account or the Login
Information, nor let anyone else access your Account or do anything else that
might jeopardize the security of your Account. In the event you become aware of
or reasonably suspect any breach of security, including without limitation any
loss, theft, or unauthorized disclosure of the Login Information, you must
immediately notify HHS Daily and modify your Login Information. You are solely
responsible for maintaining the confidentiality of the Login Information, and
you will be responsible for all uses of the Login Information, including
purchases, whether or not authorized by you. You are responsible for anything
that happens through your Account.
HHS Daily reserves the right to remove or reclaim any usernames at any time and
for any reason, including but not limited to claims by a third party that a
username violates the third party’s rights.
The
Service supports only one Account per game on a supported device.
License
Limitations
Any use of the Service in violation of these License Limitations is strictly
prohibited, can result in the immediate revocation of your limited license and
may subject you to liability for violations of law.
You
agree that you will not, under any circumstances:
§
Engage in any act that HHS Daily deems to be in conflict with the
spirit or intent of the Service or make improper use of HHS Daily’s support
services.
§
Use cheats, exploits, automation software, bots, hacks, mods or
any unauthorized third-party software designed to modify or interfere with the
Service, any HHS Daily Game or any HHS Daily game experience or without HHS Daily’s express written consent, modify or cause to be modified any files that
are a part of the Service or any HHS Daily game.
§
Disrupt, overburden, or aid or assist in the disruption or
overburdening of any computer or server (“Server”) used to offer or support the
Service or any HHS Daily game environment.
§
Institute, assist, or become involved in any type of attack,
including without limitation distribution of a virus, denial of service attacks
upon the Service, or other attempts to disrupt the Service or any other
person’s use or enjoyment of the Service.
§
Attempt to gain unauthorized access to the Service, Accounts
registered to others or to the computers, Servers, or networks connected to the
Service by any means other than the user interface provided by HHS Daily,
including but not limited to, by circumventing or modifying, attempting to
circumvent or modify, or encouraging or assisting any other person to
circumvent or modify, any security, technology, device, or software that is
part of the Service.
§
Post any information that is abusive, threatening, obscene,
defamatory, libelous, or racially, sexually, religiously, or otherwise
objectionable or offensive.
§
Post any information that contains nudity, excessive violence, or
offensive subject matter or that contains a link to such content.
§
Attempt to, or harass, abuse, or harm, or advocate or incite
harassment, abuse, or harm of another person, group, including HHS Daily
employees, including HHS Daily’s customer service representatives.
§
Make available through the Service any material or information
that infringes any copyright, trademark, patent, trade secret, right of
privacy, right of publicity, or other right of any person or entity or
impersonates any other person, including without limitation a HHS Daily employee.
§
Reverse engineer, decompile, disassemble, decipher or otherwise
attempt to derive the source code for any underlying software or other
intellectual property used to provide the Service or any HHS Daily game, or to
obtain any information from the Service or any HHS Daily game using any method
not expressly permitted by HHS Daily.
§
Solicit or attempt to solicit personal information from other
users of the Service or any HHS Daily game or collect or post anyone’s private
information, including personally identifiable information (whether in text,
image or video form), identification documents, or financial information
through the Service.
HHS
Daily reserves the right to determine what conduct it considers to be in
violation of the rules of use or otherwise outside the intent or spirit of
these Terms of Service or the Service itself. HHS Daily reserves the right to
take action as a result, which may include terminating your Account and
prohibiting you from using the Service in whole or in part.
1.2.
Suspension and Termination of Account and Service
Without
limiting any other remedies, HHS Daily may limit, suspend, terminate, modify,
or delete accounts or access to HHS Daily services or portions thereof if you
are, or HHS Daily suspects that you are, failing to comply with any of these
terms of service or for any actual or suspected illegal or improper use of the
service, with or without notice to you. you can lose your user name and persona
as a result of account termination or limitation, as well as any benefits,
privileges, earned items and purchased items associated with your use of the
service, and HHS Daily is under no obligation to compensate you for any such
losses or results.
2.
Ownership
2.1.
Games and Service
All
rights, title and interest in and to the Service (including without limitation
any games, titles, computer code, themes, objects, characters, character names,
stories, dialogue, catch phrases, concepts, artwork, animations, sounds,
musical compositions, audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile information,
recordings of games played using a HHS Daily game client, and the HHS Daily
game clients and server software) are owned by HHS Daily. HHS Daily reserves
all rights, including without limitation, all intellectual property rights or
other proprietary rights, in connection with its games and the Service.
2.2.
Accounts
Notwithstanding
anything to the contrary herein, you acknowledge and agree that you shall have
no ownership or other property interest in the account, and you further
acknowledge and agree that all rights in and to the account are and shall
forever be owned by and inure to the benefit of HHS Daily.
2.3.
Virtual Items
HHS
Daily owns, has licensed, or otherwise has rights to use all of the content
that appears in the Service or in HHS Daily games. Notwithstanding any
provision to the contrary herein, you agree that you have no right or title in
or to any content that appears in the Service, including without limitation the
virtual goods or currency appearing or originating in any HHS Daily game,
whether earned in a game or purchased from HHS Daily, or any other attributes
associated with an Account or stored on the Service.
2.4.
User Content
“User
Content” means any communications, images, sounds, and all the material, data,
and information that you upload or transmit through a HHS Daily game client or
the Service, or that other users upload or transmit, including without
limitation any chat text. By transmitting or submitting any User Content while
using the Service, you affirm, represent and warrant that such transmission or
submission is (a) accurate and not confidential; (b) not in violation of any
laws, contractual restrictions or other third party rights, and that you have
permission from any third party whose personal information or intellectual
property is comprised in the User Content; (c) free of viruses, adware,
spyware, worms or other malicious code; and (d) you acknowledge and agree that
any of your personal information within such content will at all times be
processed by HHS Daily in accordance with its Privacy
Policy. HHS Daily reserves the right in its sole discretion to review,
monitor, prohibit, edit, delete, disable access to or otherwise make
unavailable any User Content (including without limitation your User Content)
without notice for any reason or for no reason at any time.
3.
User Content
3.1.
Content Screening
HHS
Daily assumes no responsibility for the conduct of any user submitting any
User Content, and assumes no responsibility for monitoring the Service for
inappropriate content or conduct. We do not, and cannot, pre-screen or monitor
all User Content. Your use of the Service is at your own risk. By using the
Service, you may be exposed to User Content that is offensive, indecent or
otherwise not in line with your expectations. You bear all risks associated
with the use of any User Content available in connection with the Service. At
our discretion, our representatives or technology may monitor and/or record
your interaction with the Service or communications (including without
limitation chat text) when you are using the Service.
By
entering into these Terms of Service, you hereby provide your irrevocable
consent to such monitoring and recording. You acknowledge and agree that you
have no expectation of privacy concerning the transmission of any User Content,
including without limitation chat text or voice communications.
If
at any time HHS Daily chooses, in its sole discretion, to monitor the Service, HHS
Daily nonetheless assumes no responsibility for User Content and assumes no
obligation to modify or remove any inappropriate User Content. We have the
right, but not the obligation, in our sole discretion to edit, refuse to post,
or remove any User Content.
3.2.
Information Use by Other Members of the Service
3.2.1.
Public Discourse
The
Service may include various forums, blogs and chat features where you can post
User Content, including your observations and comments on designated topics. HHS
Daily cannot guarantee that other members will not use the ideas and
information that you share. Therefore, if you have an idea or information that
you would like to keep confidential and/or don’t want others to use, do not
post it on the Service. HHS Daily shall have no responsibility to evaluate, use
or compensate you for any ideas or information you may choose to submit.
3.2.2.
Responsible For Your Own Content
You
are solely responsible for the information that you post on, through or in
connection with the Service and that you provide to others. HHS Daily may
reject, refuse to post or delete any User Content for any or no reason,
including, but not limited to, User Content that in the sole judgment of HHS
Daily violates these Terms of Service.
3.3.
License
You
hereby grant to HHS Daily an irrevocable, perpetual, transferable, fully
paid-up, royalty-free, worldwide license (including the right to sublicense and
assign to third party) and right 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 HHS
Daily the right to authorize others to exercise any of the rights granted to HHS
Daily under these Terms of Service. You further hereby grant to HHS Daily 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. HHS Daily does not claim any ownership rights in your
User Content and nothing in these Terms of Service is intended to restrict any
rights that you may have to use and exploit your User Content. HHS Daily has no
obligation to monitor or enforce your intellectual property rights in or to
your User Content.
3.4.
User Interactions
You
are solely responsible for your interactions with other users of the Service
and any other parties with whom you interact through the Service and/or HHS
Daily games. HHS Daily reserves the right, but has no obligation, to become
involved in any way with these disputes. You will fully cooperate with HHS
Daily to investigate any suspected unlawful, fraudulent or improper activity, including,
without limitation, granting HHS Daily access to any password-protected
portions of your Account.
If
you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes.
4.
Fees and Purchase Terms
4.1.
Purchases
In
the Service you may purchase, with “real world” money, a limited, personal,
non-transferable, non-sublicensable, revocable license to use (a) “virtual
currency”, including but not limited to virtual cash or diamonds, all for use
in HHS Daily games; (b) “virtual in-game items” (together with “virtual currency”,
“Virtual Items”); and (c) other goods or services (“Merchandise”). You are only
allowed to purchase Virtual Items from us or our authorised partners through
the Service, and not in any other way.
HHS
Daily may manage, regulate, control, modify or eliminate Virtual Items and/or
Merchandise at any time, with or without notice. HHS Daily shall have no
liability to you or any third party in the event that HHS Daily exercises any
such rights.
The
transfer of Virtual Items and Merchandise is prohibited except where expressly
authorized in the Service. Other than as expressly authorized in the Service,
you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise
to any person or entity, including but not limited to HHS Daily, another user
or any third party.
ALL
PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE
SERVICE ARE FINAL AND NON-REFUNDABLE.
The
provision of Virtual Items for use in HHS Daily games is a service provided by HHS
Daily that commences immediately upon acceptance by HHS Daily of your
purchase.
4.2.
Payment of Fees
You
agree to pay all fees and applicable taxes incurred by you or anyone using an
Account registered to you. HHS Daily may revise the pricing for the goods and
services offered through the Service at any time. You acknowledge that HHS
Daily is not required to provide a refund for any reason, and that you will
not receive money or other compensation for unused virtual items when an
account is closed, whether such closure was voluntary or involuntary.
5.
Updates to the Service
You
understand that the Service is an evolving one. HHS Daily may require that you
accept updates to the Service and to HHS Daily’s games you have installed on
your computer. You acknowledge and agree that HHS Daily may update the Service
and HHS Daily games, with or without notifying you. You may need to update
third party software from time to time in order to receive the Service and play
HHS Daily’s Games.
6.
Disclaimer of Warranties
The
service is provided on an “as is” and “as available” basis for your use,
without warranties of any kind, express or implied, including without
limitation the warranties of merchantability, fitness for a particular purpose,
title, non-infringement, and those arising from course of dealing or usage of
trade. HHS Daily does not warrant that you will be able to access or use the
service at the times or locations of your choosing; that the service will be
uninterrupted or error-free; that defects will be corrected; or that the game
or the service are free of viruses or other harmful components.