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, 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. The laws of the State of California, without regard to or application of its conflict of law provisions, will govern these Terms of Use. To the fullest extent permitted by law, any cause of action arising out of or related to the Games and Services must commence within one (1) year after the conduct that caused the Dispute (as defined below) otherwise, such cause of action is permanently barred.
21.3. BINDING ARBITRATION AND CLASS 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. THESE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS APPLY TO YOU IF YOU ARE A U.S. USER.
21.3.1. 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 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 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.
21.3.2. Notice of Dispute. Prior to initiating arbitration, You must first send a written Notice of Dispute by certified mail to Huuuge at: Huuuge, ATTN: Legal Department, 2300 W. Sahara Ave., Suite 800, Las Vegas, Nevada 89102. The Notice of Dispute must include the following at a minimum: (a) Your personal ID found on the Account page in the Game you are using, (b) a detailed description of Your claim or Dispute with Huuuge, including dates, and (c) the specific damages or other remedy or remedies that You are seeking. 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 (the “Initial Dispute Resolution Period”).
21.3.3. 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.
21.3.4. 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. For Users outside the United States, arbitration shall be initiated in Los Angeles County, California, and You and Huuuge 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. In an arbitration, the arbitrator shall allow dispositive motions.
21.3.5. 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 extent allowed by law, the arbitrator shall determine the scope, validity, interpretation and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitration shall be governed by the Federal Arbitration Act.
21.3.6. Class Action Waiver. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AND HUUUGE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, GROUP, OR CLASS ARBITRATION, AS A PRIVATE ATTORNEY GENERAL, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR OTHERWISE SEEK TO RECOVER LOSSES INCURRED BY A THIRD PARTY. 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.
21.3.7. 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 and, if meritorious, award the remaining 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. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
21.3.9. If the prohibition against class, group or collective actions is found to be unenforceable for any reason, the entire Section 21.3 of these Terms of Use (but only Section 21.3) shall be null and void.
21.3.10. 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, 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. Such claims are subject to the jurisdiction and applicable law provisions in Section 21.2. 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.
21.3.11. Exception – Mass Arbitration. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, You and Huuuge agree that this will constitute a “Mass Arbitration”. If a Mass Arbitration is commenced, You and Huuuge agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in these Terms of Use. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and Huuuge agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/. If for any reason the provisions in this Section 21.3.11 are found to be unenforceable, or if for any reason FedArb declines to administer the Mass Arbitration, then the Dispute comprising the Mass Arbitration shall be administered by JAMS according to the JAMS Rules and consistent with the provisions of Section 21.3.3 of these Terms of Use, or in small claims court.
21.3.12. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration agreement in this Section 21 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, ATTN: Legal Department, 2300 W. Sahara Ave., Suite 800, Las Vegas, Nevada 89102. 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 agreement. 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 You shall be bound in accordance with this Section 21. 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 WEBSITE 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, CELLULAR/MOBILE PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE GAMES AND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) 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 OR 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 OR 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.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HUUUGE AND ITS AFFILIATES THE GREATER OF $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 RECOVER FROM HUUUGE ANY LOSS OR DAMAGE ATTRIBUTED TO, OR AMOUNT PAID BY, ANY USER, USER’S REPRESENTATIVE, OR OTHER.
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. ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL INSTEAD BE LIMITED TO THE FULL EXTENT PERMITTED BY 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 W. Sahara Ave., Suite 800, Las Vegas, Nevada 89102, U.S.A.