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HUUUGE TERMS OF USE

INTRODUCTION

Last Updated on: 6th October 2023

We welcome You to use the Games and Services of Huuuge. We provide mobile and online services for personal entertainment, including our game applications and their related websites. 

These Terms of Use are between You and Huuuge Global Limited. If you are downloading or accessing our Games and Services through a third-party distribution channel (e.g. Apple, Google, Facebook, Amazon) then the distribution channel may separately have its own terms between You and the distribution channel.

IF YOU ARE A RESIDENT OF THE UNITED STATES, PLEASE SEE IN PARTICULAR SECTION 21 OF THESE TERMS OF USE, WHICH APPLIES ONLY TO U.S. USERS.  SECTION 21 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS WAIVER FOR U.S. USERS, AS FURTHER DESCRIBED IN THE SECTION.

Here are some rules about what You can and can’t do with our Games and Services. Below you will find an informal short summary to help you understand what each provision means. However, only the full-text wording (beginning in Section 1) is legally binding:

Definitions The Terms of Use explain what the Huuuge Games and Services are and how You can use them.
Opening provisions
  • These Terms of Use are an agreement between You and us on the use of our Games and Services.
  • Some exceptions to the Terms of Use may apply based on Your country of residence.
  • You must be a legal adult to use our Games. You cannot use our Games if You are a minor.
The User’s Account To use certain parts of our Games, You will need an Account. In this section You will find some rules for creating it.
User Content You may share with us and with other users: text, images, videos or other information or content related to the Games. Sometimes we can also use them for our own purposes.
In-app purchases Certain features of the Games may be subject to a fee. You can buy in-game virtual items for real money or win during gameplay. In-game virtual items have no cash value and You cannot exchange them for real money or for any real goods.
Account suspension or termination
  • If You want to end our Agreement, You will need to use the “delete account” option in your Account.
  • If You materially breach the Terms of Use, You may lose access to our Games (temporarily or permanently).
  • If in the very unlikely situation we need to stop running any of our Games, we’ll do our best to give You advance notice.
Third-party material If You click on a link taking You outside of our Games,  please remember that Huuuge is not responsible for what happens outside our Games.
Technical requirements Our Games and Services have clearly specified minimum system requirements, which are needed in order to run our Games and Services.
Changes in the Games or Services From time to time we may need to patch, update or change how our Games and Services work.
Ownership and intellectual property We spend a lot of time creating our Games and Services. Enjoy it all, but please respect others and respect our intellectual property rights.
Grant of limited license We grant You the limited right to use our Games and Services and the intellectual property in them, according to these Terms.
Conduct and prohibited activities Our Games and Services are here for Your personal enjoyment – please use them for this purpose only and make sure You follow the rules in this section.
Complaints If our Games or Services are not working properly, please contact us at: support@huuugegames.com . We will respond to You within 14 days.
Privacy Please make sure You have also read our Privacy Policy.
Revision of the Terms of Use We can change these Terms of Use, but if we do we will put the new version online, and request your acceptance.

If you don’t agree with the changes, then unfortunately You will need to stop using our Games and Services.

Notice regarding applications installed on Apple-branded products Apple requires us to inform you of certain aspects of using our Games on their devices.
Final provisions
  • We can transfer our agreement if we need to for business reasons. 
  • Any legal questions/complaints/claims regarding these Terms of Use fall under Cyprus law and jurisdiction for users all around the world (except for U.S. Users).
  • Even if we delay using a right under these Terms of Use, it does not mean we will not use it.
Contact information If you have any questions with regards to the Terms of Use, you may contact us at support@huuugegames.com or by mailing us at Huuuge Global Ltd., 28th October St. 331, Kanika Enaerios Lido House 1, Office 762, Limassol 3106, Cyprus.
Terms specific to U.S. Users If You are a U.S. User (as defined below) You are subject to the additional terms set out in Section 21 of these Terms of Use.  
Terms specific to Australian Users If You are resident of Australia, we’ve provided some additional terms in Section 22 of these Terms of Use for you.  

1. DEFINITIONS

The words of which the initial letter is capitalized have meaning defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.1. Account – a unique account created for You to access our Games and Services or parts of our Games and Services.

1.2. User Content any content, such as text, images, videos, sounds or other content that You post, upload, display, link to or otherwise make available through Games and Services or that is generated or recorded by or in connection with Your use of the Games and Services, as well as any material derived from or based on the Games and Services that You create. User Content also includes any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Games and Services that You provide to us in any way and any form.

1.3. We, Huuuge – Huuuge Global Limited, 28th October St. 331, Kanika Enaerios, Lido House 1, Office 762, Limassol 3106, Cyprus.     

1.4. Privacy Policy Huuuge’s privacy policy which details our collection, usage and protection of your personal information.

1.5. Games and Services – any and all of Huuuge’s games, any and all of Huuuge’s websites and any other services Huuuge provides to You.

1.6. Terms of Use – this document.

1.7. Game Currency – in-game virtual currencies.

1.8. Virtual Goods – all game enhancements and in-game virtual items such as Game Currency, charms, level boosts, skins, etc..

1.9. You, Your, User – the individual accessing or using the Games and Services.

1.10. U.S. User – a User residing in the United States or accessing or using the Games and Services from the territory of the United States. 

2. OPENING PROVISIONS

2.1. The Terms of Use form the entire agreement between You and Huuuge regarding the use of Games and Services.

2.2. Some exceptions to the Terms of Use may apply based on Your country of residence – please see the country-specific sections below. Huuuge may also provide products and services which are governed by separate terms.

2.3. Please note that You are only allowed to use the Games and Services if You are a legal adult in the jurisdiction where You live, and are legally able to enter into a valid contract.

2.4. Please note that the Games and Services are intended for amusement and entertainment only. You acknowledge that the Games and Services are not a lottery or gambling activity, and these Terms of Use are not a contract for gambling services. You acknowledge that we do not and will not provide You with any money or anything of real-world value in exchange for Your in-game performance or outcomes (unless explicitly stated otherwise for a certain Game or Service). In particular, You acknowledge and agree that the ability to extend gameplay or avoid delays in gameplay (e.g. when You run out of Game Currency) is not something of real-world value.

3. THE USER’S ACCOUNT

3.1. Certain parts of the Games and Services require an Account. When You use any of our Games, an Account may be automatically created based on Your device IDs. You may also be able to create an Account using your pre-existing Facebook account or such other third-party accounts that we support, as selected by You on the Account creation screen.

3.2. You may also be able to provide us with profile information within the Games and Services. You agree not to provide inaccurate, misleading or false information in connection with Your use of the Games and Services, and in particular, in connection with Your Account. If information You have provided to us subsequently becomes inaccurate, misleading or false, You will promptly notify us of such change. 

3.3. Before creating an Account, You must accept these Terms of Use. Our agreement for the use of Games and Services is based on the terms set out in these Terms of Use, for an indefinite period of time upon acceptance of these Terms of Use.

3.4. You may never allow anyone else to use Your Account. If You have reason to believe that Your account is no longer secure, then You must immediately notify Huuuge.

4. USER CONTENT

4.1. Games and Services may provide You an opportunity to post, upload, display, link to or otherwise make User Content available to Us or third parties, including other Users. Such User Content may include, in particular, Your name, avatar or profile picture, the content of Your chat conversations, and any other content created by you in our Games. Some User Content, such as Your gaming history, game scores, information on time You spend on or within particular portions of the Games and Services, recordings of Your gameplay, and other content or information connected to Your use of the Games and Services may also be generated or recorded by us or automatically by the Games and Services. 

4.2. Subject to Section 4.3 below, You acknowledge and agree that We (and our affiliates, partners, licensors, licensees and other third parties authorized by Us) may freely use and exploit Your User Content, including but not limited to storing, copying, reproducing, distributing, broadcasting, modifying, adapting, translating, publishing, transmitting, publicly displaying and otherwise using User Content in any manner and in any form, without any time limitations and for any purpose, including for commercial or promotional use. 

4.3. If, in order to freely use or exploit any User Content as set out in Section 4.2, We would need further authorization from You (for example, if such User Content is the result of your creative work and is protected by copyright or any other intellectual property right), You hereby grant us a non-exclusive, perpetual, irrevocable (for the maximum duration of the property rights), sub-licensable, transferable, worldwide, royalty-free license to use and exploit such User Content and all elements thereof, in any and all forms, media or technology, known now or later developed. The license referred to in the preceding sentence includes our unlimited right to copy and reproduce, permanently or temporarily, by any means and in any form, in whole or in part, modify, adapt, translate and create derivative works from, publish, distribute, sell, rent, lend, advertise, transfer, transmit, publicly display, broadcast and use in any other manner any User Content and any derivative works thereof and any and all elements contained therein, and to incorporate the same in conjunction with or into any other material. You also waive or – to the extent such waiver is not allowed by applicable law – agree not to exercise any moral rights or any similar rights You may have in the User Content in any country of the world (such as the right to be identified as the author of the User Content or the right to object to a certain use of the User Content, including its modification). You represent and warrant that the User Content does not infringe any copyright, trademark, patent, trade secret or any other intellectual property rights of any third party. 

4.4. For the avoidance of doubt, Sections 4.2 and 4.3 also apply to any material derived from or based on the Games and Services that You create (regardless of whether in accordance with these Terms of Use or not), such as videos of Your gameplay, Games and Services-inspired artwork, etc., as well as any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Games and Services that You provide to Us.

4.5. You acknowledge and agree that all Your communications within any forums or chat areas in the Games and Services may be made public (for public forums or comments) and are not confidential (Huuuge may have access to the communication content), and You have no expectation of privacy regarding Your use of such forums or chat areas. We are not responsible for information that You choose to share on the forums or chat areas, or for the actions of other parties. Additionally, we wish to remind You that You are solely responsible for Your interactions with other users of the Games and Services and any other parties with whom You interact through the Games and Services. Use of the User Content that is or contains personal data will comply with Section 16 and the Privacy Policy.

4.6. Huuuge does not accept responsibility or liability for User Content posted or added to our Games and Services by other users.

5. MARKETING ACTIVITIES

5.1. When You use our Games and Services we may also provide you with some marketing activities as an integral part of the services provided to You.

6. IN-APP PURCHASES

6.1. Certain enhancements of the Games and Services may be subject to a fee. These enhancements may include the possibility to pay for Virtual Goods (such as Game Currency or access to certain elements in the Games and Services). Applicable fees are displayed in the Game or Service in connection with the respective enhancement of the Game or Service. We reserve the right to change the pricing for the Virtual Goods and services offered through the Games or Services, including the Game Currency, at any time.

6.2. Access to Virtual Goods, including the Game Currency, where applicable, can be paid for with real money or won during gameplay, but they have no cash value. If you obtain access to any Virtual Goods, we grant you a limited license/right to use them solely as part of the Games and Services in accordance with these Terms of Use. Unless Huuuge explicitly states otherwise, You may never redeem Virtual Goods for actual monetary instruments, goods or other items of real-world value from Huuuge or any other party. You may not sell, trade, redeem, assign or otherwise transfer or make available the Virtual Goods to any person or entity, including but not limited to, another user or any third party, or in any other way cash out or exchange the Virtual Goods for real money or for any real goods.

6.3. You are responsible for all charges and usage on Your Account or using Your user credentials, and all purchases made by You or anyone that uses Your Account or user credentials, including applicable taxes. 

6.4. You may pay using the methods available in the Game and Service, which may include payment via your Apple, Google or Amazon account, or other similar accounts, payment by your credit card or other acceptable payment methods via online payment provided by the payment service provider. You agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment service provider to You in connection with the purchase. The contract for the delivery of Virtual Goods is concluded when You press the ‘Buy and pay’ button or any other button of similar meaning. 

6.5. You:

6.5.1. represent that You are authorized to use the payment method You use and that any payment information You provide is true and accurate; and 

6.5.2. authorize us and/or the applicable payment service provider to charge You for the purchase using Your payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify us and the applicable payment service provider if Your credit card is canceled, lost or stolen or if the security of Your payment method has otherwise become compromised.

6.6. You may have certain rights to withdraw from online purchases, according to local law. Please note that once You download Virtual Goods from Huuuge, any right of withdrawal from the contract for the delivery of Virtual Goods ends. You agree and acknowledge that: 

6.6.1. the purchase of Virtual Goods involves the immediate download/access of them; and

6.6.2. You lose your right of withdrawal once Your payment is complete. 

6.7. We or our partner will provide You with a purchase document (e.g. a VAT invoice) when it is required by law. You agree that these documents may be electronic in format.

7. ACCOUNT SUSPENSION OR TERMINATION

7.1. You can terminate this agreement for the use of Games and Services at any time by using the “delete account” option. Termination will not affect already existing rights or obligations to us or You.

7.2. We may cancel or suspend Your access to the Games and Services if You materially breach these Terms of Use, which includes a breach which is serious or which could cause real harm to the Games and Services, its users, Huuuge or its affiliates, licensors and partners. In particular, it applies to the rules we specify in Section 6 above. We will try where reasonably possible to contact You to explain why we have done this and what (if anything) You can do as a result. If we suspend or cancel Your access to the Games and Services under this Section, then we will not have any continuing obligations or liabilities to You.

7.3. If we stop providing access to any Games and Services (in whole or in part – e.g. on a particular platform) permanently and not because of any breach by You, we will try to give You at least 30 days advance notice by posting a note on our website. In such case, we will not have any future obligations or liabilities to You (this does not affect any pre-existing obligations or liabilities).

7.4. We reserve the right to terminate any account that has been inactive for 30 days or more.

7.5. In case of suspension or termination of this agreement, to the fullest extent permitted by law, we have no obligation or responsibility to, and will not reimburse or refund You for access to any Virtual Goods lost due to such suspension or termination.

8. THIRD PARTY MATERIAL

8.1. The Games and Services contain links to websites, services and content owned and/or operated by third parties, for instance third parties who may invite You to participate in promotional offers or rewards programs or third-party advertisers, affiliate advertising networks or payment services providers. Any separate charges or obligations that You may incur in Your dealings with these third parties are Your sole responsibility. We are not responsible for any such third-party websites, services or content and do not have control over any materials made available by them. Our inclusion of a link to a third-party website, services or content in the Games and Services does not in any way imply our endorsement, advertising, or promotion of such websites, services or content or any materials made available by them. By accessing a third-party website, services or content, You accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from You. We are not responsible for privacy policies, or for the collection, use or disclosure of any information those sites may collect. We encourage You to familiarize yourself with the terms of service and privacy policy applicable to any third-party website, services or content you may access.

8.2. We do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any third-party products, services, content, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to You and for any and all damages, claims, liabilities and costs it may cause You to suffer, directly or indirectly, in full or in part.

9. TECHNICAL REQUIREMENTS

9.1. Each Game and Service will have minimum requirements depending on your chosen device/system/platform. Please make sure Your system meets these requirements. Online elements of our Games and Services may need Internet access too. We do not support rooted or jailbroken devices.

9.2. Always use appropriate technical measures on Your devices to minimize the risk of malware. Anytime You use the Internet to access an electronic service, there is a risk of unauthorized persons introducing malware into Your device’s system and obtaining and modifying Your data.

9.3. We are not required to provide any maintenance or support for the Games and Services, to provide any specific content through the Games and Services, or to provide any related updates, upgrades or services. However, occasionally Huuuge may need to patch or update the Games and Services (for example to add or remove features, or to resolve software bugs). This may result in mandatory or automatic updates and older, non-updated versions may become unusable over time. Huuuge needs these rights in order to keep our Games and Services running efficiently. To correctly install the patch or update, You should follow the standard process of installing updates on your device and any guidelines from Huuuge on the patch or update.

9.4. You should always install operating system updates, following the recommendations of the Your device’s producer and the producer of the operating system. Failure to update the operating system may lead to a decrease in the level of security when using the Games and Services.

9.5. Using some features of the Games and Services may require access to certain resources of your mobile device, such as photos/multimedia, mobile device ID and connection information, or geolocation. Refusal of access to such resources may limit access to individual features of the Game and Service or their correct operation. We will inform you about any required access to specific resources of Your device by displaying an appropriate message in the Game or Service.

9.6. You agree to comply with any technical restrictions in the Games and Services that allow you to use the Games and Services only in certain ways.

10. CHANGES IN THE GAMES AND SERVICES

10.1. From time to time we may make changes to the Games and Services. Some important reasons for changes in the Games and Services are:

10.1.1. change, extension, or improvement of the way of displaying the content available in the Games or Services,

10.1.2. improving the functionality of the Games and Services to improve their quality,

10.1.3. adapting the Games and Services to changes in our technical environment (i.e. hardware or software used by Huuuge),

10.1.4. changes resulting from the need to adapt the Games and Services to the requirements of application store providers.

10.2. We have the right to offer, modify, eliminate or terminate Virtual Goods at any time without notice to You. If we discontinue the use of any Virtual Good You have purchased, we will do our best to provide at least 30 days advance notice to You by posting a notice online.

10.3. You acknowledge and agree that these Terms of Use will apply to any change we make to the Games and Services, including any update or upgrade, unless the change is accompanied by separate terms (in which case those separate terms will govern).

11. OWNERSHIP AND INTELLECTUAL PROPERTY

11.1. The Games and Services and any elements thereof, including, but not limited to, any Games and Services titles, themes, objects, items, characters and characters’ likenesses, characters’ names and profile information, storylines, dialogues and catch phrases, locations, artwork, graphics, graphic interfaces, animations, layouts, sounds, musical compositions or sound recordings, audio-visual effects, concepts and methods of operation, game mechanics, the “look and feel” of the Games and Services, documentation, databases and software code (including source and object code) of the Games and Services are owned or licensed by Huuuge and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property rights. All such rights are reserved. 

11.2. These Terms of Use only grant You a limited right to use the Games and Services to the extent specified herein, while these Terms of Use are in effect. These Terms of Use do not grant You any right of ownership in or to the Games and Services or any element thereof. In particular, You acknowledge and agree that You have no ownership or other property right or interest in Your Account or any content that appears in the Games and Services, including, but not limited to, the Virtual Goods obtained in the Games and Services, or any other content associated with Your Account or stored in the Games and Services. You further acknowledge and agree that all rights in and to the Account and all associated content, including Virtual Goods, are and shall forever be owned by and inure to the benefit of Huuuge. 

11.3. You agree not to delete or in any manner alter the copyright, trademark, patent, trade secret or other intellectual property right notices or markings which may appear in the Games and Services.

12. GRANT OF LIMITED LICENSE

12.1. Subject to Your compliance with these Terms of Use and without prejudice to any other terms set forth in these Terms of Use, we grant You a limited, personal, non-exclusive, revocable, non-transferable, non-assignable and non-sublicensable license to access and use the Games and Services solely for your personal, non-commercial entertainment use. Use of the Games and Services may require You to install certain elements of the Games and Services on Your mobile device or other computing device, including the mobile application for that Game or Service. In that case, subject to Your compliance with these Terms of Use and without prejudice to any other terms set forth in these Terms of Use, we grant You a limited, personal, non-exclusive, revocable, non-transferable, non-assignable and non-sublicensable license to access, download, install and use those elements of the Games and Services referred to in the preceding sentence on any authorized device You own and control, solely for your personal, non-commercial entertainment use. 

12.2. Our Games and Services and their elements are licensed, not sold, to You. This includes but is not limited to any Virtual Goods obtained by You. For the avoidance of doubt, You acknowledge and agree that we and our licensors retain ownership of all elements of our Games and Services even if they are installed on Your device. 

12.3. This license to use the elements of Games and Services referred to in Sec remains in effect until terminated by You or us in accordance with Section 7 above, except that the license will automatically terminate without notice from us if You in any way breach any provision of these Terms of Use, or if you delete your Account, or if you delete the Games and Services from all Your devices. Upon termination of the license for any reason and on any basis, You must cease all use of the elements of Games and Services and promptly delete and destroy all copies, full or partial, of the Games and Services that You have stored on any device.

13. CONDUCT AND PROHIBITED ACTIVITIES

13.1. You agree that You are responsible for Your own conduct while using the Games and Services and for Your User Content, and for any consequences thereof. In addition, You agree not to do any of the following, unless and to the extent it is expressly permitted by the provisions of these Terms of Use or by applicable law:

13.1.1. impersonating another person or entity; 

13.1.2. accessing or using the Games or Services in an unlawful way or for any unlawful purpose;

13.1.3. using the Games and Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;

13.1.4. transmitting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person;

13.1.5. transmitting any viruses, malware, or other malicious code;

13.1.6. copying or reproducing the Games and Services or any element thereof in any form or by any means;

13.1.7. disassembling, decompiling, reverse engineering or otherwise attempting to discover the source code of, modifying or creating derivative works of the Games and Services or any element thereof (including, but not limited to, any software that is an element of the Games and Services);

13.1.8. selling, renting, lending, leasing, distributing, transferring, licensing, sublicensing or otherwise making available any part of the Games and Services to any third party;

13.1.9. using the Games or Applications for creating any product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Huuuge;

13.1.10. using any proprietary information or interfaces of Huuuge or other intellectual property of Huuuge in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Games and Services;

13.1.11. making the Games and Services available to multiple users by any means, including without limitation by uploading Games or Services to a file-sharing service or other type of hosting service or by otherwise making the Games and Services available over a network where it could be used by multiple devices at the same time;

13.1.12. misrepresenting the ownership of the Games and Services;

13.1.13. scraping, building databases or otherwise creating temporary or permanent copies of any data or information derived from the Games and Services;

13.1.14. exploiting the Games and Services or any element thereof for any commercial purposes or in a manner not permitted by these Terms of Use, including but not limited to (a) gathering in-App items or resources for sale outside the Games and Services, (b) performing services in the Games and Services in exchange for payment outside the Games and Services, or (c) selling, reselling, or renting the Game and Services or Your Account;

13.1.15. any use of automation software programs, “bots”, “macro” software programs or any other software or applications which are intended to modify the game experience to the detriment of fair play;

13.1.16. exploiting, distributing or informing other users of any Game error or bug which may give an unintended advantage; 

13.1.17. interfering with, or disrupting, the Games and Services or any element thereof;

13.1.18. collecting, storing or sharing any personally identifiable information of other users from the Games and Services without their express permission;

13.1.19. exploiting the Games and Services in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;

13.2. Although Huuuge is not obligated to monitor access to or use of the Games and Services or User Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Games and Services, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any User Content that is stored in the Games and Services, at any time and without notice. Huuuge may remove any User Content we consider to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Games and Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

13.3. If you see any material in the Games and Services that in your good faith belief is offensive, hateful, harassing, or that You otherwise think is prohibited, please notify us by contacting us at support@huuugegames.com .

13.4. Any breach of this Section 13 will be considered a ‘material breach’ of these Terms of Use, which could lead to suspension and/or termination of Your Account and Your access to the Games and Services. We also reserve the right to prohibit Your future access to our Games and Services.

14. REWARDS PROGRAMS

14.1. Some of our Games and Services include loyalty rewards programs (“Rewards Programs”), and from time to time Huuuge may update or introduce a new Rewards Program in one or more of our Games and Services. Our Rewards Programs are designed to reward our most loyal users for engaging regularly in our Games and Services (not for performance or outcome within the Games). Participation in a Rewards Program may be conditioned on reaching a certain engagement threshold in one of our Games and Services. 

14.2. There is no charge to participate in a Rewards Program, and each user signs up for the Rewards Program by accepting these Terms of Use and using the relevant Game or Service. If You do not agree to participate in a Rewards Program, then please do not use the relevant Game or Service. Certain Rewards Programs may require acceptance of additional terms and conditions before You can participate.

14.3. As with our Games and Services, only users who are of the age of majority (e.g. a legal adult) where they live can participate in a Rewards Program. If You are not the age of majority or older, then you cannot participate in any Rewards Program. If You are not old enough, then Your Account will be terminated and You will lose access to any rewards.

14.4. If Your Account is suspended or terminated in accordance with these Terms of Use, You will also lose access to all Rewards Programs and any rewards.

14.5. You can learn about how we manage the use of personal data within our Rewards Programs by reviewing our Privacy Policy

15. COMPLAINTS

15. 1. If a Game or Service is not working properly, or You want to make any other complaint, You can inform us:

15.1.1. by email to support@huuugegames.com ;

15.1.2. in writing, by mail sent to our mailing address (see Section 20);

15.1.3. in certain Games and Services, through in-app chat with our Player Services team (if available).

15.2. Your complaint should include a detailed description of the reason for the complaint, and any contact data necessary for Huuuge to send You information on the outcome of the complaint.

15.3. We will respond to the complaint within 14 (fourteen) days after we receive it.

15.4. We will send the response through the same channel by which we received your complaint, unless You have specified another way of responding. 

15.5. We may ask you to provide additional information if it is necessary for our investigation of the complaint.

15.6. It is also possible to submit complaints and pursue claims electronically via the ODR Internet platform of the European Union at http://ec.europa.eu/consumers/odr/ .

16. PRIVACY

16.1. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users, including Your rights concerning personal data.

17. REVISION OF THE TERMS OF USE

17.1. From time to time, Huuuge may make changes to these Terms of Use. Important reasons for changing the Terms of Use may include:

17.1.1. a change in the generally applicable provisions of law or their interpretation applied by authorized bodies, having a direct impact on the content of the Terms of Use and resulting in the need to adapt them to such a change in the provisions or their interpretation;

17.1.2. issuance of a judgment, decision, or other similar act by a court or an authorized public authority having a direct impact on the content of the Terms of Use and resulting in the need to amend them to adapt to such a judgment, decision, or other similar act;

17.1.3. preventing violations of the Terms of Use or counteracting abuses;

17.1.4. removing ambiguities or clarifying interpretation regarding the content of the Terms of Use;

17.1.5. extending or changing the features of Games and Services, as well as updating the Games and Services, resulting in the need to adapt the Terms of Use to such an update;

17.1.6. changes in the scope of names, addresses, or company data indicated in the Terms of Use; or

17.1.7. the need to adapt the technical requirements indicated in the Terms of Use to current standards.

17.2. Huuuge will make the updated Terms of Use available online and will display a notice in the relevant Game or Service. The updated Terms of Use will become legally binding after you accept them. If You don’t agree to the changes, You must cease using the Games and Services. 

18. NOTICE REGARDING APPLICATIONS INSTALLED ON APPLE-BRANDED PRODUCTS

18.1. IF YOU HAVE DOWNLOADED THE GAMES AND SERVICES FOR USE ON AN APPLE PRODUCT, YOU AND HUUUGE ACKNOWLEDGE AND AGREE THAT APPLE AND ITS SUBSIDIARIES ARE THIRD PARTY BENEFICIARIES TO THESE TERMS OF USE AND, UPON YOUR ACCEPTANCE OF THESE TERMS OF USE, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THESE TERMS OF USE AS A THIRD PARTY BENEFICIARY THEREOF.

18.2. If You are using a Huuuge mobile application on an iOS device, You acknowledge that You have read, understood, and agree to the following notice regarding Apple as well as other provisions of these Terms of Use that apply specifically to the mobile application installed on Apple-branded products (specifically, the Introduction and Section 12).

18.3. We are solely responsible for providing any maintenance and support services with respect to the Huuuge mobile application, as specified in these Terms of Use, or as required under applicable law. You and Huuuge acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile application to you (NOTE: this does not automatically apply to in-app purchases); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application.

18.4. You and Huuuge acknowledge that Huuuge, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the Huuuge mobile application or your possession and/or use of such application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the application’s use of the HealthKit and HomeKit frameworks. You and Huuuge acknowledge that, in the event of any third-party claim that the Huuuge mobile application or your possession and use of such application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

18.5. If you are using an Apple-branded product, You agree to only install Huuuge mobile applications on an Apple-branded product that you own or control and only as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

19. FINAL PROVISIONS

19.1. These Terms of Use shall take effect on the date You accept them.

19.2. You and Huuuge agree that Your use of our Games and Services and these Terms of Use are governed by the laws of Cyprus, and any dispute arising from Your use of our Games and Services is exclusively under the jurisdiction of the courts of Cyprus. (Note: this does not apply to U.S. Users. See Section 21 below.)

19.3. If any part of these Terms of Use is found not to be legally unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

19.4. These Terms of Use govern our relationship with You (and vice versa). It does not create any rights for anyone else unless explicitly stated otherwise in these Terms of Use.

19.5. We can assign, subcontract or transfer our agreement to a third party or another member of our group if necessary for the support of the Games and Services, as part of any reorganization or merger or for other business reasons. We will notify You if this happens.

19.6. No failure or delay by us or You to exercise any right or remedy provided under these Terms of Use or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy, unless explicitly stated otherwise in these Terms of Use. No single or partial exercise of such right or remedy by us or You will preclude or restrict the further exercise of that or any other right or remedy.

19.7. Sections 4.2, 4.3, 4.4, 4.5, this Section 19, 21.2, 21.3, 21.4, 21.5, 21.6, 21.7, 21.8 and 21.9 will survive any termination or cancellation of these Terms of Use, along with any other Sections that by their terms should apply after these Terms of Use end.

20. CONTACT INFORMATION

20.1. If you have any questions about these Terms of Use or our Games and Services, please contact our Player Services team:

20.1.1. by email to support@huuugegames.com

20.1.2. in certain Games and Services, through the in-app chat feature (if available)

20.1.3. in writing, by mail sent to our mailing address:

For all users outside the U.S.:

Huuuge Global Ltd.

28th October St. 331

Kanika Enaerios, Lido House

Block 1, Office 762

3106 Limassol, Cyprus

For U.S. Users:

Huuuge

2300 W. Sahara Ave.

Suite 800

Las Vegas, NV 89102.

21. SPECIFIC TERMS FOR U.S. USERS

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.

22. SPECIFIC TERMS FOR AUSTRALIAN USERS

22.1. This Section 22 of the Terms of Use applies only to residents of Australia. To the extent there is a direct conflict between this Section 22 and any other provision of these Terms, this Section 22  will control with regard to Australian residents.

22.2. Our Games and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Games and Services, You are entitled:

22.2.1. to cancel Your service contract with us (these Terms of Use); 

22.2.2. to a refund for any unused portion, or to compensation for its reduced value; and

22.2.3. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. 

If the failure does not amount to a major failure, You are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel Your contract and obtain a refund for any unused portion of the  contract.