BY SUBMITTING ANY OF YOUR PROFILE INFORMATION THROUGH OR BY USING THE GAMES AND SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE.
YOU MAY NOT SUBMIT ANY OF YOUR PROFILE INFORMATION OR USE THE GAMES AND SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, INCLUDING SECTION 2.4, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE GAMES AND SERVICES BY APPLICABLE LAW, INCLUDING YOUR STATE’S GAMBLING LAWS.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE GAMES AND SERVICES, AND MUST REFRAIN FROM OR DISCONTINUE YOUR ACTIVITIES IMMEDIATELY.
21.1. TERMS NOT APPLICABLE TO U.S. USERS. If You are a U.S. User, provisions set forth in Sections 6.6, 7.2, 7.3, 15, 17 and 19.2. above do not apply to You. Please refer to the provisions stipulated below for Your rights and obligations as a U.S. User.
21.2. GOVERNING LAW.
21.2.1. CHOICE OF LAW. These Terms of Use, and all claims or causes of action (whether sounding in contract, tort, any statutory cause of action, or any other legal theory) that may be based upon, arise out of or relate to these Terms of Use, the use of the Games and Services, the rights and responsibilities of the parties, and all other disputes between the parties, shall be governed by, and enforced in accordance with, the laws of the State of Delaware, without regard to or application of conflict of law.
21.2.2. STATUTE OF LIMITATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GAMES AND SERVICES MUST COMMENCE WITHIN TWO (2) YEARS AFTER THE CONDUCT THAT CAUSED THE DISPUTE (AS DEFINED BELOW) OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED, WHICH MEANS THAT THE PARTY WITH THE CLAIM OR CAUSE OF ACTION WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM AGAINST THE OTHER PARTY.
21.3. BINDING ARBITRATION AND CLASS ACTION WAIVER AND REPRESENTATIVE-TYPE ACTION WAIVER. READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS, GROUP OR REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL OR AS A THIRD PARTY. THESE BINDING ARBITRATION AND CLASS ACTION WAIVER AND REPRESENTATIVE-TYPE WAIVER PROVISIONS APPLY TO YOU IF YOU ARE A U.S. USER. YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION/REPRESENTATIVE PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
21.3.1. CLASS ACTION WAIVER AND REPRESENTATIVE-TYPE ACTION WAIVER. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER YOU NOR HUUUGE SHALL BE ENTITLED TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS OR OTHER REPRESENTATIVE-TYPE ACTIONS, TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY (DEFINED BROADLY), INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY IN ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS IN CONNECTION WITH ANY DISPUTE. YOU AND HUUUGE ARE EACH EXPRESSLY AND UNCONDITIONALLY WAIVING SUCH RESPECTIVE RIGHTS, INCLUDING THE RIGHTS TO A TRIAL BY JURY. To the extent applicable law does not allow the waiver of certain claims, but permits those claims to be arbitrated, then such claims shall be resolved in arbitration. To the extent allowed by law, the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including injunctive relief.
21.3.2. AGREEMENT TO ARBITRATE. To the fullest extent allowed by law, You and Huuuge agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this Section 21. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between You and Huuuge that in any way relates to or arises from any aspect of our relationship, including, without limitation, Your use of the Games and Services, all marketing related to the Games and Services, enhancements, Virtual Currency, any licensed content, and all matters relating to or arising from these Terms of Use (including Huuuge’s Privacy Policy and all other terms incorporated into these Terms of Use) or any other agreement between You and Huuuge, including any disputes over the validity, enforceability, or interpretation of this agreement to arbitrate. Our Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION AND REPRESENTATIVE-TYPE WAIVER provisions regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory. This includes claims or requests for relief that accrued before You and Huuuge agreed to these Terms of Use. You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. The parties waive their rights to a jury trial and to have any Dispute resolved in court.
21.3.3. Notice of Dispute. Prior to initiating arbitration, You must first send a written Notice of Dispute by certified mail to Huuuge at: Huuuge Inc., 2300 West Sahara Ave., Suite 800, Las Vegas, Nevada 89102. ATTN: Legal Department. The Notice of Dispute must include the following at a minimum: (a) Your personal ID found on the Account page in the Games and Services You are using, (b) a detailed description of Your claim or Dispute with Huuuge, including dates, (c) the specific damages or other remedy or remedies that You are seeking, and (d) a screenshot from the Games and Services showing Your Account and ID. If we have a dispute with You, we must first send a written Notice of Dispute detailing the Dispute and sending it to You by mail, email or in-app notice. If the claim detailed in either parties’ Notice of Dispute is not resolved within thirty (30) days of sending the Notice of Dispute that conforms with these requirements, then You or Huuuge may commence arbitration according to the requirements in these Terms of Use (the “Initial Dispute Resolution Period”).
21.3.4. If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception or exclusion applies as stated below. The arbitration will be administered by a single arbitrator by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the Notice of Dispute, the current version of which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, You or we may file the Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.
21.3.5. Unless contrary to the JAMS Rules, Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. In an arbitration, the arbitrator shall allow dispositive motions.
21.3.6. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on You and Huuuge, and any award of the arbitrator may be entered in any court of competent jurisdiction. To the greatest and broadest extent allowed by law, the arbitrator shall determine the scope, validity, interpretation and enforceability of this arbitration provision, including whether a Dispute is subject to arbitration. The arbitration shall be governed by the Federal Arbitration Act.
21.3.7. Notwithstanding anything to the contrary herein, if the arbitrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed, after which the federal or state court may adjudicate the remaining claim or remedy. In doing so, the federal or state court is bound under the principles of claim or issue preclusion by the decision of the arbitrator.
21.3.8. Exception – Litigation of Intellectual Property Claims and Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright or trademark infringement, Computer Fraud and Abuse, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to You for the Games and Services under this Agreement. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider shall close the case.
21.3.9. Exception – Mass Arbitration. For mass arbitrations (which are defined as 25 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination), the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of these Terms of Use, the Process Administrator (as described in the JAMS Mass Arbitration Rules) and the arbitrators shall have the authority to implement the procedures set forth in the JAMS Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this Section 21.3. that are not in conflict with the JAMS Mass Arbitration Rules, shall continue to apply.
21.3.10. If the Mass Arbitration provision in Section 21.3.10 is found to be invalid for any reason, the Parties agree that the Arbitration Provision contained in Section 21.3 is severed, and the Parties may resolve their Dispute in a court of competent jurisdiction.
21.3.11. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration provision in this Section 21.3 by sending us a written notice via U.S. Mail, or by any available nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Huuuge at: Huuuge Inc. 2300 West Sahara Ave., Suite 800, Las Vegas, Nevada 89102. ATTN: Legal Department. You must sign and date the notice, and include in it Your name, address, user ID, and a clear statement that You are opting out of this arbitration provision. The notice must be sent within 30 days of the date on which You first access or use the Games and Services and agree to these Terms of Use; otherwise both Parties shall be bound in accordance with this Section 21.3. If You opt out of these arbitration provisions, Huuuge also will not be bound by them.
21.4. WARRANTY. YOU USE THE GAMES AND SERVICES AT YOUR SOLE RISK. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE GAMES AND SERVICES, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, FEATURES, QUALITY, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THE GAMES AND SERVICES AND/OR ANY CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. WE MAKE NO WARRANTY THAT THE GAMES AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF THE GAMES AND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE GAMES AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
21.5. ASSUMPTION OF RISK. YOU ASSUME ALL RISKS RELATING TO YOUR USE OF THE GAMES AND SERVICES AND ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GAMES AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAMES AND SERVICES. YOU UNDERSTAND THAT HUUUGE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE GAMES AND SERVICES. HUUUGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE GAMES AND SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GAMES AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAMES AND SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
21.6. RELEASE AND LIMITATION OF LIABILITY. BY AGREEING TO AND ACCEPTING THESE TERMS OF USE, YOU HEREBY IRREVOCABLY RELEASE HUUUGE AND ITS AFFILIATED PARTIES FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM YOUR USE OF THE GAMES AND SERVICES. THIS INVOLVES ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGE TO REPUTATION, FEES, ACTUAL ATTORNEYS’ FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HUUUGE AND ITS AFFILIATES BE GREATER THAN $500 (USD) OR THE AMOUNT THAT YOU PAID TO HUUUGE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DISPUTE. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HUUUGE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT BE AWARDED OR RECOVER FROM HUUUGE ANY LOSS OR DAMAGE ATTRIBUTED TO, OR AMOUNT PAID BY, ANY USER, USER’S REPRESENTATIVE, OR OTHER THIRD PARTY.
THE LIMITATIONS SET FORTH IN THIS SECTION 21.6 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF HUUUGE OR ITS AFFILIATES FOR ANY MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21.7. INDEMNITY. To the extent allowed by law, You agree to indemnify and hold Huuuge (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of Your use of or access to the Games and Services, Your breach of these Terms of Use, or Your violation of any law or the rights of a third party. Nothing in these Terms of Use shall be deemed to exclude or limit Your liability in respect of any indemnity given by You under these Terms of Use.
21.8. NO REFUNDS. You acknowledge and agree that any applicable fees and other charges are payable in advance and are not refundable in whole or in part. In particular, any payment for a license for any enhancement, including Game Currency or upgrade are always final and non-refundable. Please note that we are not responsible for any enhancement, including Game Currency that is lost, damaged, deleted or used inappropriately, or for game play interruptions regardless of cause, that result in Game Currency being lost. We may manage, regulate, modify, control or eliminate enhancements, including Game Currency at any time in our sole discretion. If we exercise such rights, we will have no liability to You or any third party.
21.9. ACCOUNT SUSPENSION OR TERMINATION. We reserve the right to discontinue offering the Games and Services or any part thereof (such as any particular Game) or to suspend, remove, modify or disable access to the Games and Services at any time in our sole discretion and without notice and/or Your Account at any time. In no event will we be liable for the removal of or disabling of access to the Games and Services and/or Your Account or any part thereof. We may also impose limits on the use of or access to the Games and Services, in any case and without notice or liability. Upon termination of the Games and Services and/or Your Account or a part thereof, Your license to use the Games and Services or a part thereof will be automatically terminated. Following termination, all such terms that by their nature may survive termination of these Terms of Use shall be deemed to survive such termination.
You can lose our user name and Account, as well as any enhancement, including Game Currency, as a result of termination or suspension of Your Account and/or access to the Games and Services. Please note that Huuuge is under no obligation to compensate You or anyone else for any such losses. Huuuge shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation.
21.10. NOTICE FOR CALIFORNIA USERS: Under California Civil Code Section 1789.3, users of the Games and Services 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.
21.11. CONTACT INFORMATION FOR U.S. USERS. If You have any questions about these Terms of Use, please contact us at support@huuugegames.com or by mailing us at Huuuge, 2300 West Sahara Ave., Suite 800, Las Vegas, Nevada 89102, U.S.A.
21.12. REVISION OF THE TERMS OF USE FOR U.S. USERS. From time to time, Huuuge may change these Terms of Use at any time. Huuuge will notify You of any change in the Terms of Use, rates, or fees as required by law. We will also endeavor to provide advance notice of any material changes to Terms of Use. What constitutes a “material change” will be determined at Huuuge’s sole discretion, in good faith and using common sense and reasonable judgment. The updated Terms of Use will be posted at https://huuugegames.com/terms-of-use. The changes to the Terms of Use will become effective immediately after posting. If You do not agree to the changes, You must discontinue using the Games and Services.