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Terms of Use for VIP Shop

Overview

These terms of use (the “Terms”) set out the terms and conditions by which Huuuge Global Ltd. (“we” or “Huuuge”) offers you access to use this website (the “Website”) and its Service (defined below) in connection with the purchase of Virtual Goods (defined below), related to Huuuge’s game applications (the “Game(s)”).

Use of the Website, the Service, or any Virtual Good, is also subject to Huuuge’s Privacy Policy for VIP Shop available here (the “Privacy Policy”).

In some instances, both these Terms and separate terms elsewhere on the Website will apply to your use of the Service and/or Virtual Good(s) (“Additional Terms”), including, without limitation, any Additional Terms applicable to your use of the Stripe Payments Europe Ltd (“Stripe”), a third-party payment partner. To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control solely to the extent the conflicting provisions of Additional Terms pertain to the core subject matter of the service in question, unless they or this Terms expressly state otherwise.

By using the Website, the Service, or any Virtual Good, you confirm that you have read and understood the Terms and any other documents referred to herein, including the Privacy Policy.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS WAIVER, AS FURTHER DESCRIBED BELOW (see Section 7).

IF YOU ARE A RESIDENT OF THE EUROPEAN UNION, NORWAY, ICELAND OR LIECHTENSTEIN, SEE ALSO SECTION 12 OF THESE TERMS WHICH APPLIES ONLY TO RESIDENTS OF THESE JURISDICTIONS.

1. DESCRIPTION OF SERVICE

1.1. The Website offers the service (the “Service”) whereby you have the ability to purchase a license to use certain in-game virtual items such as in-game virtual currency, level boosts, skins, etc. (“Virtual Goods”). While the Website’s Service facilitate your ability to shop for and purchase Virtual Goods, payment processing in connection with such purchases will be provided by Stripe.

1.2. Virtual Goods may only be used for the specific Game for which they were purchased. Your use of the Virtual Goods within the corresponding specific Game shall be governed by Huuuge’s general Terms of Use (the “General License”).

1.3. In order to purchase Virtual Goods, you should use the Service to make your selection and make the payment via Stripe. In order to use purchased Virtual Goods in the corresponding Game, you need to restart your Game app after the purchase.

1.4. Applicable fees are displayed on the Website in connection with the respective Virtual Goods. We reserve the right to change the pricing for and selection of the Virtual Goods offered through the Website at any time.

1.5. The Virtual Goods can be purchased for real money, but they have no cash value.

1.6. The Virtual Goods may never be redeemed for actual monetary instruments, goods or other items of monetary value from Huuuge or any other party.

1.7. You agree not to sell, trade, redeem or otherwise transfer 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.

1.8. Your purchase of any Virtual Goods shall be NON-REFUNDABLE.

1.9. We reserve the right, but are not obligated, to limit the sales of Virtual Goods to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Virtual Goods that we offer. All descriptions of Virtual Goods or prices of Virtual Goods are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Virtual Good at any time. Any offer for any Virtual Good or made through the Service is void where prohibited.

2. Access; Accounts

2.1. Use of the Website or the Service is subject to your continued compliance with these Terms. You are only allowed to use the Website and the Service if you have reached the age of “majority” where you live. By accessing or using the Website and the Service you represent and warrant that you have reached the age of “majority” where you live and that you agree to be bound by these Terms. You accept full responsibility for any unauthorized use of the Website and Service by any third-party, including any minors, and you acknowledge that you are responsible for any use of the Website and the Service, including use of your credit card or other payment instrument by minors.

2.2. Any access to or use of the Website or the Service by anyone under 13 is expressly prohibited, regardless of the applicable age of “majority” in your jurisdiction.

2.3. The Website and the Service are intended solely for your personal use. You represent and warrant that you will use them in compliance with any and all applicable laws and regulations. The Website and the Service are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Huuuge to any registration requirement within such jurisdiction or country, and the use of the Website or the Service is unauthorized in any such jurisdiction. You agree not to access or use the Website or the Service in any such jurisdiction.

2.4. The Services are dedicated to Huuuge’s most loyal players. Using the Service requires an invitation by Huuuge to use the Services and an account in the corresponding Game’s app linked to your Facebook account (jointly “Account”). You can use our Service only through your Account. You agree not to provide inaccurate, misleading or false information in connection with your use of the Website or the Service. If information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. In addition, you agree to: (i) protect and prevent unauthorized access to your Account; (ii) not transfer or share your Account with any third party (excluding Facebook); and (iii) immediately notify us of any suspected or actual unauthorized use of your Account or breach of security. Note that you are solely responsible for all activities that occur under your Account, including any payments and/or applicable taxes, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations

2.5. We reserve the right, in our sole discretion, to limit, restrict or terminate your use of or access to the Website or the Service.

3. PURCHASES OF VIRTUAL GOODS

3.1. To purchase any Virtual Goods through the Service, you may pay using your credit card or other acceptable payment methods via online payment provided by Stripe. You agree to the Additional Terms applicable to this payment method, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the service provided by Stripe to you in connection with the purchase.

3.2. You:
3.2.1. represent that you are authorized to use the payment method you use and that any payment information you provide is true and accurate; and
3.2.2. authorize Stripe to charge you for the purchase of any Virtual Goods 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 Stripe if your credit card is cancelled, lost or stolen or if the security of your payment method has otherwise become compromised.

3.3. By paying the applicable fees you acknowledge and agree that the provision of the Virtual Goods commences immediately upon such purchase and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.

3.4. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR LICENSE FOR VIRTUAL GOODS IS ALWAYS FINAL AND NON-REFUNDABLE.

3.5. PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ANY VIRTUAL GOODS THAT ARE LOST, DAMAGED, DELETED OR USED INAPPROPRIATELY, OR FOR ANY INTERRUPTIONS, REGARDLESS OF CAUSE, THAT RESULT IN VIRTUAL CURRENCY BEING SPENT. WE MAY MANAGE, REGULATE, MODIFY, CONTROL OR ELIMINATE VIRTUAL GOODS AT ANY TIME IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE. IF WE EXERCISE SUCH RIGHTS, WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY.

3.6. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT ALL VIRTUAL GOODS WILL BE FORFEITED AND YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS WHEN AN ACCOUNT (OR ANY PART OF IT) IS TERMINATED OR SUSPENDED FOR ANY REASON, REGARDLESS OF WHETHER SUCH TERMINATION OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY, OR IF WE DISCONTINUE PROVIDING THE SERVICE.

3.7. You are solely responsible for any costs you incur to access the Website or the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.

4. LICENSES

4.1. The “Website” includes: (i) materials and other items relating to Huuuge, the Service, the Virtual Goods, the Games, and Huuuge’s other products and services, and similar items from our licensors and other third parties, including all layout, information, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website, and the compilation, assembly, and arrangement of the materials of the Website and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Huuuge; and (iii) other forms of intellectual property. Except as otherwise explicitly provided herein, all right, title, and interest in and to the Website is the property of Huuuge or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

4.2. We grant you a personal, limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Website and the Service for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with these Terms. Upon your successful purchase of (and payment for) any Virtual Good(s), we grant you a personal, limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Virtual Good(s) in connection with the applicable Game(s) solely for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with these Terms. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Website or any Virtual Good, and (ii) may be suspended or terminated for any reason, in Huuuge’s sole discretion, and without advance notice or liability. Your unauthorized use of the Website or any Virtual Good may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

4.3. We reserve all rights in the Website and the Virtual Goods not expressly granted to you in these Terms.

4.4. Your use of any Virtual Good(s) in the applicable Game(s) is governed by the Huuuge General License. For clarity, Virtual Goods are licensed, not sold, to you. You agree that we and our licensors own all right, title and interest in and to the Virtual Goods, including all intellectual property rights therein, and that we retain ownership of the Virtual Goods even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Virtual Goods.

4.5. You agree to comply with any technical restrictions in connection with the Website and/or any Virtual Goods.

4.6. The license to use the Virtual Goods granted under these Terms remains in effect until terminated by you or us. Without prejudice to any other terms set forth in these Terms or the General License, any rights granted by us hereunder will automatically terminate without notice from us if you in any way breach any provision of these Terms or the General License. Upon termination in accordance with these Terms or the General License for any reason, you must cease all use of the Virtual Good(s) and promptly delete and destroy all copies, full or partial, of the Game(s).

5. PROHIBITED ACTIVITIES; RESTRICTIONS

5.1. Prohibited Activities. The list below contains examples of behaviours that are prohibited on the Website or through the Service:

5.1.1. impersonating another person or entity;
5.1.2. accessing or using the Website or the Service in an unlawful way or for any unlawful purpose;
5.1.3. transmission of any data, materials, content or information which is libellous, defamatory, obscene, fraudulent, false or contrary to the ownership 5.1.4. or intellectual property rights of any other person, or otherwise unlawful;
5.1.4. transmission of viruses, malware, or other malicious code in the Website or the Service;
5.1.5. modification, reverse-engineering, or other manipulation of the Website or the Service;
5.1.6. exploiting the Website or the Service or any part thereof for any commercial purposes;
5.1.7. interfering with, or disrupting, the Website or the Service.

5.2. Restrictions on use of Virtual Goods. Except as expressly specified in these Terms, you agree not to:

5.2.1. reproduce, copy or modify, or create derivative works of the Virtual Good(s) or any part thereof (including but not limited to any software that forms part of thereof), including, without limitation, make adaptations or modifications to the Virtual Good(s);
5.2.2. sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Virtual Goods to any third party;
5.2.3. exploit the Virtual Goods in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;
5.2.4. make the Virtual Goods available to multiple users by any means, including without limitation by uploading the Virtual Goods to a file-sharing service or other type of hosting service or by otherwise making the Virtual Goods available over a network where it could be used by multiple devices at the same time;
5.2.5. disassemble, decompile, reverse engineer, or attempt to derive the source code of the Virtual Goods, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
5.2.6. misrepresent the source of ownership of the Virtual Goods;
5.2.7. scrape, build databases or otherwise create permanent copies of any content derived from the Virtual Goods;
5.2.8. commercially exploit the Virtual Goods;
5.2.9. use the Virtual Goods in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

6. PRIVACY

6.1. Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, if any, please see our Privacy Policy here. Please also see Stripe’s terms and policies for more information about how Stripe may process your personal data.

7. BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER

7.1. Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect. If any portion of the Governing Law and Binding Arbitration clause is deemed unenforceable then the rest of the Governing Law and Binding Arbitration clause remains enforceable.

7.2. PLEASE READ THESE “BINDING ARBITRATION” AND “CLASS WAIVER” PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL PAST, PRESENT, AND FUTURE DISPUTES WITH HUUUGE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW. THE OPTION TO OPT-OUT IS TIME-LIMITED AS YOU MUST OPT-OUT WITHIN 30 DAYS AND DESERVES YOUR IMMEDIATE ATTENTION.

7.3. THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST HUUUGE. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST HUUUGE BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

7.4. You and Huuuge agree that any past, pending, or future dispute, claim or controversy arising out of or relating to your access to or use of any Huuuge products or services, including, without limitation the Service, or to these Terms (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms) (a “Dispute”) shall be determined by arbitration.

7.5. Whether the dispute is heard in arbitration or in court, you agree that you and Huuuge will not commence against the other a class action, class arbitration or other representative action or proceeding. You and Huuuge are each waiving respective rights to participate in a class action. By accepting this agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date of you agreed to these terms of use.

7.6. Whether to agree to arbitration is an important decision. It is your decision to make and you should not rely solely on the information provided in these terms of use, as it is not intended to contain a complete explanation of the consequences of arbitration. You should take reasonable steps to conduct further research and to consult with counsel (at your cost) regarding the consequences of your decision.

7.7. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.

Procedure to Opt Out of Retroactive or Total Application of Arbitration Provision. If you do not agree to be subject to this arbitration agreement, you must opt out of this arbitration agreement within 30 days of entering this agreement, in the following specified manner:

By written notice via U.S. Mail, or by any available nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Huuuge Global Ltd., 2300 W Sahara Ave., Suite #680, Mailbox #32, Las Vegas, NV 89102, United States. You must sign and date the notice, and include in it your name, address, and a clear statement that you are opting out of this arbitration agreement.

7.8. The provisions of this Section shall constitute your and Huuuge’s written agreement to arbitrate Disputes under the Federal Arbitration Act. Any modification to this Agreement shall be in writing and signed by you and Huuuge. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules.

7.9. Prior to initiating arbitration, you must first send a written notice by certified mail to Huuuge at: Huuuge Global Ltd., 2300 W Sahara Ave., Suite #680, Mailbox #32, Las Vegas, NV 89102, United States. The arbitration notice must include the following at a minimum:
7.9.1. personal information sufficient enough to identify you;
7.9.2. a detailed description of your claim or dispute with Huuuge;
7.9.3. the specific damages or other remedy or remedies that you are seeking.

7.10. If your claim or dispute is not resolve with Huuuge within thirty days of Huuuge’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in these Terms.

7.11. If you assert a Dispute in an arbitration as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and Huuuge will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees.

7.12. You and Huuuge agree that any claims or lawsuits, regardless of form, arising out of or related to the Huuuge’s Website or the Service, or to these Terms or Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute. Each party shall bear its own costs in the arbitration proceeding. If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

7.13. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s or a third party’s intellectual property rights.

7.14. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

7.15. This Binding Arbitration Clause shall survive the termination of these Terms and the Privacy Policy.

8. GOVERNING LAW

8.1. These Terms and any action arising out of or in connection with these Terms will be governed by the Federal Arbitration Act with respect to Section 7 “Binding arbitration clause and class action waiver” and the laws of the State of California, without regard to its conflict of law’s provisions. Except as otherwise expressly set out in Section 7 “Binding arbitration clause and class action waiver”, the exclusive jurisdiction for all disputes that you and Huuuge are not required to arbitrate will be the state and federal courts located in the Los Angeles County, California, and you and Huuuge each waive any objection to jurisdiction and venue in such courts.

9. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

9.1. YOUR ACCESS TO AND USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE OR THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITE OR THE SERVICE OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE WEBSITE OR THE SERVICE. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY PAYMENT PROVIDERS WE MAY COOPERATE WITH OR ANY OTHER USERS OF THE WEBSITE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE WEBSITE OR THE SERVICE OR RELIANCE UPON THE WEBSITE OR THE SERVICE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.

9.3. PLEASE BE REMINDED THAT WE ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES WE COOPERATE WITH. YOU WAIVE AND RELEASE HUUUGE AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE.

10. INDEMNIFICATION

10.1. 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 Website or the Service, your use of the Virtual Goods, your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

11. SUSPENSION AND TERMINATION

11.1. We reserve the right to discontinue offering the Website, the Service, the Virtual Good(s), or any part thereof or to suspend, remove, modify or disable access to the Website, the Service, or the Virtual Good(s), at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Website, the Service, or the Virtual Good(s), at any time. In no event will we be liable for the removal of or disabling of access to the Website, the Service, the Virtual Good(s), or any part thereof. We may also impose limits on the use of or access to the Website, the Service, or the Virtual Good(s) in any case and without notice or liability. Upon such termination, your license to use the Website, the Service, the Virtual Good(s), or a part thereof will be automatically terminated. In such event, Huuuge shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

11.2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCESS TO THE WEBSITE, THE SERVICE, OR THE VIRTUAL GOOD(S) IF YOU ARE, OR WE IN OUR SOLE DISCRETION SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED IN THESE TERMS OR WITH ANY LAWS OR REGULATIONS, OR IN ANY OTHER WAY HAVE USED THE SERVICE UNLAWFULLY OR IMPROPERLY OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR ANY HUUUGE POLICIES. YOU CAN LOSE YOUR VIRTUAL GOODS. PLEASE NOTE THAT HUUUGE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.

12. FOR EEA RESIDENTS

12.1. This Section 12 of theTerms applies only to residents of the European Union, Norway, Iceland and Liechtenstein (together the “EEA”). To the extent there is a direct conflict between this Section 12 and any other provision of these Terms, this Section 12 will control with regard to EEA residents.

12.2. Huuuge’s Identifying Data and Contact Details.

Huuuge’s identifying data and contact details for the purpose of execution of the Agreement are: Huuuge Global Ltd., a company registered in Cyprus under the number: HE362451, on 15 Nov. 2016, in Limassol, Cyprus, VAT number: CY 10362451K (address: Huuuge Global Ltd., 28 Oktovriou 331, Kanika Enaerios Lido House 1, Office 762, Limassol 3106, Cyprus), contact email address: support@huuugegames.com. Huuuge Global Ltd. is a wholly owned subsidiary of Huuuge, Inc.

12.3. Characteristics of Our Services.

12.3.1. Functionality of our Digital Content and Services.
In order to check the functionality of our Digital Content and Services, please see Section 1 “Description of Service” in these Terms.

12.3.2. Total Price of Our Services.

The total price for each Virtual Good offered for sale on the Website is indicated next to the Virtual Good displayed on the Website and includes any value added tax. Please note that the price displayed may be different for different tiers of players (factors to be taken into consideration may include progress in games and in-game achievements). We reserve the right to change the pricing for any Virtual Good offered through the Website at any time. The Service does not give the option to purchase Virtual Goods on a subscription basis.

12.3.3. Terms of Payment, Delivery and Execution.

By paying the applicable fees you acknowledge and agree that the provision of Virtual Goods begins immediately upon such purchase, therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply. In order to check other terms of payment, please see Section 3 “Purchases of virtual goods” in these Terms.

Please be informed that in order to execute the Agreement between you and Huuuge, you need to take further steps in the following order: i) selection of a particular Virtual Good you would like to purchase, ii) clicking the “Order and Continue with Payment” button to confirm that the order has been successfully placed and that you agree that such purchase is inextricably linked with your obligation to pay, and iii) making the payment. After completing these steps you will receive an email confirmation of purchase and information about where you may find the text of the contract concluded by performing the steps indicated above. The Virtual Good will be delivered immediately after successful payment. In case of any delivery or execution issues, please see Section 9 of these Terms.

12.4. Conditions for Receiving our Electronic Services

12.4.1. Technical Requirements for Cooperation with our ICT Systems.

There are no special or advanced requirements for cooperation with our ICT Systems. In order to use the Website you simply need to have access to the internet and use the latest version of one of the supported browsers (Safari, Edge, Chrome, or Firefox) on your device.

12.4.2. Prohibition of Unlawful Content.

Please be informed that certain activities and unlawful content are prohibited on the Website, as defined in Section 5 of these Terms.

12.4.3. Conditions for Entering Into or Terminating this Agreement for our Services.

In order to enter into the Agreement you need to have legal capacity (or, in other words – you need to reach the age of “majority” in the country where you live) and agree to enter into this contract with Huuuge. This means that you cannot enter into a legally binding agreement with us if you are a minor. In order to see all conditions for entering into this Agreement please see Section 2 of these Terms.

Please make sure that when you provide us with any data, before making any purchase – this data is true, correct and up to date. We reserve the right to check the accuracy of the data given in order to protect other users of the Website and/or reduce the possibility of fraud.

In order to see the conditions for terminating this Agreement please see Section 11 of these Terms.

12.4.4. Our Complaint Procedure.

The Website and the Service are operated and provided by Huuuge Global Ltd.  If you have any questions or complaints about the Service or these Terms, please contact us at support@huuugegames.com  or by mailing us at Huuuge Global Ltd., 28 Oktovriou 331, Kanika Enaerios Lido House 1, Office 762, Limassol 3106, Cyprus.
Please be informed that we are obliged by law to ensure the conformity of the Virtual Goods with the Agreement and we put a lot of effort to make it so, but if you do believe that any Virtual Good does not conform with the Agreement, you have the right to file a complaint. If you have purchased a Virtual Good that does not conform with the Agreement, you may also:

  • demand that Huuuge restore conformity of the Virtual Good;
  • demand an appropriate one-time price reduction;
  • terminate the contract;
  • demand supplementary performance;
  • claim damages; or
  • demand reimbursement of futile expenses.

Additionally, in the event of a dispute or claim related to or arising out of these Terms, the European Commission provides a platform that facilitates out-of-court settlement of disputes between consumers and traders, available at: https://ec.europa.eu/consumers/odr/

The abovementioned does not exclude your right to use other mediation solutions in accordance with local law where you live.

13. MISCELLANEOUS

13.1. We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Website so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Website and the Service.

13.2. We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorised assignment and delegation by you is ineffective.

13.3. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Website and the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Website and the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Huuuge in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

13.4. No Huuuge consent or approval may be deemed to have been granted by Huuuge without being in writing and signed by an officer of Huuuge.

13.5. Huuuge reserves the right to investigate and prosecute any suspected breaches of these Terms, the Website or the Service. Huuuge may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

13.6. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

13.7. The Website and the Service are operated and provided by Huuuge Global Ltd. If you have any questions about these Terms, please contact us at support@huuugegames.com or by mailing us at: Huuuge Global Ltd., 28 Oktovriou 331, Kanika Enaerios Lido House 1, Office 762, Limassol 3106, Cyprus.

13.8. If you have any questions about your use of Stripe and its payment processing services, please contact Stripe.