TERMS OF SERVICE
ACCEPTANCE OF TERMS
The following instrument consists of the terms and conditions governing your (“you” or “user“) access to and use of the Hyper Mania proprietary applications (the “App“) and other online services (including web) and the content, features and services therein (collectively, the “Services“). Hypermania” refers to Hypermania Ltd. and its “Affiliates”, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Hypermania as “we” or “us”.
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the App. You should check our Services periodically and review changes to the Terms at the following URL: https://www.hyper-mania.com/terms-of-service/. Unless stated otherwise in a written agreement between you and Hypermania, Hypermania may at its discretion, at any time, change the license fees for the Services, price of Coins and the prices at the virtual store (the “Fees“), under any payment conditions as it deems fit. Such changes shall apply only to payments made after the change is made. If Hypermania will unilaterally change the Fees and you decide to stop using the Services, your license shall be automatically terminated with immediate effect and without any requirement on Hypermania to provide a notice or a remedy period. By continuing to use the Service following such modifications, you agree to be bound by such modifications. If you do not agree to the provisions of these Terms, your only remedy is to discontinue your use of the Services and to cancel any accounts you have created using the Service.
LIMITED LICENSE TO ACCESS THE SERVICES
Subject to the terms and conditions set forth herein (including, without limitation, payment of the applicable Fees), Hypermania hereby grants to you, and you hereby accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the Services solely for entertainment purposes, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.
LIMITATIONS ON USE
You undertake to use the Services solely for your own personal use for amusement purposes only and for no other purpose whatsoever. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Services and/or the Hypermania IPR (as defined below); (iii) refer to the Services by use of framing and/or deep-linking; (iv) make use of the Services in any jurisdiction where same are illegal or which would subject Hypermania or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Services through or use with the Services any unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of this Services; (viii) distribute, publish, send, or facilitate the sending of any advertisements, spam, inappropriate, inaccurate, misleading, fraudulent, libelous, defamatory, offensive, threatening, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof; (x) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, harass, stalk or threaten any user; (xi) attempt to obtain passwords or other private information from other users including personally identifiable information in any form or manner whatsoever, including, without limitation, identification documents, or financial information; (xii) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; (xiii) develop, distribute, use, or publicly inform any third party of any script, application, code, error or bug, which may provide access to features or parts of the Services or any advantage or feature not as intended by Hypermania, including, without limitation, “auto” programs, “macro” programs or any other “cheat utility”; (xiv) deal with Coins (as defined below) in a manner not explicitly permitted by Hypermania, including transferring Coins to third parties, selling or re-selling Coins or virtual goods or obtaining or acquiring Coins or other products or services not in a manner approved by Hypermania; (xv) access or use an account which has been rented, leased, sold, traded or otherwise transferred from the account creator without Hypermania’ prior written permission; (xvi) engage in any fraudulent activity, including, without limitation, in respect of payment methods or advertiser tracking mechanisms; (xvii) interfere with the ability of others to enjoy using the Services, including, without limitation, by disrupting, overburdening or aiding the disruption or overburdening of the servers of the Services, or taking actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.
You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services.
During the process of creating an account to access the Services, you may be required to select a password or to allow us to access your account information from a social network service. You are solely responsible for any actions performed in the Services under your user name and password. Keeping your password safe is your sole responsibility. If you have any reasons to suspect that your password was discovered by any third party or that there was an unauthorized access to your account you will immediately notify Hypermania and modify your Login Information. A Hypermania employee will never ask you for your password in any way and will not initiate contact with you asking for answers to your password security questions. The Services are intended for use by users at least thirteen (13) years old, you hereby declare that you are thirteen (13) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors.
You shall have sole responsibility and liability for Submitted Materials (as defined below). Hypermania shall not be liable for any and all parts of the Submitted Materials and shall be entitled, under its sole discretion, to remove or edit any of the Submitted Materials at Hypermania’ sole discretion and without notice or explanation. NOTHING IN THESE TERMS OBLIGATES HYPERMANIA TO DISPLAY YOUR SUBMITTED MATERIALS OR TO USE IT AT ALL OR IN A CERTAIN MANNER.
“Submitted Materials” shall mean any and all material, text, videos, photographs and information or other data provided or created by you in connection with the Services.
VIRTUAL CURRENCIES AND GOODS
You may be able to purchase virtual, in-game currency (e. g. Diamonds and Energy, hereinafter “Coins“) through the Services. Coins may cost real money. Coins may not be redeemed for real money, goods, services or any other item of monetary value from Hypermania or any other party. Coins are not transferable, refundable (other than as set forth below), or exchangeable, except in Hypermania’ prior written approval provided at its sole discretion. Coins have no monetary value, and are not personal property. You understand that you have no right, title or interest in any virtual in-game items, features, Coins, cash or spins. You may not purchase, sell, or exchange Coins outside the Service. Doing so is a violation of these Terms and may result in termination of your Service account and/or legal action taken against you.
Hypermania retains the right to manage, control, change and/or cancel Coins or any other form of virtual currency, or the way any of them work at its sole discretion and without prior notice, including, without limitation, the prices and availability of Coins. The virtual goods, services and attributes offered by Hypermania in exchange for Coins may be discontinued, modified or removed from your account by Hypermania at any time in its sole and absolute discretion. Coins may only be held by legal residents of countries where access to and use of the Services are permitted. Coins may only be purchased or acquired from us and through means we provide on the applicable application or website or as we otherwise expressly authorize in writing. We reserve the right to refuse your request to purchase and/or acquire Coins for any reason. When purchasing Coins or other content as may be made available, you agree to pay us the applicable charges for your purchase, including any and all applicable taxes and charges, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You may cancel purchase of Coins only within fourteen (14) days of purchase by submitting a detailed written request to firstname.lastname@example.org and the Payment Provider (defined below), identifying your account and the reference number of the purchase, in which case the Coins will be deleted from your account and the purchase price will be refunded to you after deduction of handling and cancelation fees pursuant to applicable law. There are no refunds for Coins that were used (e. g. to purchase online content, abilities or features).
All transactions in Coins are final. If your game account is charged for items or features you did not purchase, or if you did not receive the items you purchased, or were charged an incorrect amount, you may request a refund or correction (solely in Coins) in accordance with the policies of the relevant payment provider (e. g. Google, Facebook, Apple or any other entity approved by Hypermania, “Payment Provider“). Any such refund request must be received by Hypermania and the applicable Payment Provider within ninety six (96) hours from the time of purchase and detail the amount of Coins charged and reasons for the request in order for it to be eligible for refund. Refund requests made ninety six (96) hours from time of purchase will be honored only in accordance with Payment Provider policy.
You agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your account statement. If you do not bring them to our attention within ninety (90) days, you agree that you will be deemed to have waived any and all rights in respect of such problems or discrepancies. You are responsible for and agree to reimburse Hypermania for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by Hypermania (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user account or game account if for any reason a charge you authorize Hypermania to make to your credit card or other method of payment cannot be processed or is returned to Hypermania unpaid and, if such event occurs, you shall immediately remit to Hypermania payment for such charge through an alternative payment method.
You acknowledge that in the event that any of the following occurs, all of your Coins and account content and information, including any virtual content, shall be irrevocably deleted: (i) if your account or these Terms terminate or expire for any reason; (ii) if the Hypermania application or any of its data (including cookies) is deleted from your device.
OWNERSHIP OF PROPRIETARY RIGHTS
All the Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Services and Submitted Materials, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, files, sound, pictures, music, videos, various applications, social graphs, organization, structure, specifications, application “look and feel”, features and related content that may be created in connection with the use of or registration to the Services, including the selection and arrangement of any of the foregoing (“Hypermania IPR“) are the property of Hypermania and/or its respective affiliates which retains all right, title and interest in connection therewith.
No transfer or grant of any rights is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Hypermania IPR or otherwise.
“Intellectual Property Rights” means worldwide (a) rights associated with works of authorship, designs and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) patents, patent applications and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
USER WARRANTIES AND REPRESENTATIONS
You represent and warrant to Hypermania that: (a) you have, and will have at all times, all permits, consents and right, title and interest necessary to grant to Hypermania any and all rights and consents hereunder, including, without limitation, in respect of the Submitted Material and any of your social network account information (e. g. Facebook photo and public information); (b) your Submitted Materials will comply with all applicable laws, rules and regulations, and the Terms and will not infringe the rights of any third party, including any intellectual property rights; (c) you will comply with all applicable laws, regulations, statutes, ordinances and with the terms and policies of any and all third party service providers approved by Hypermania, whose services interface with the Services.
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE HYPERMANIA IPR SHALL BE AT YOUR SOLE RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION, Hypermania IPR ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Hypermania DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
HYPERMANIA DOES NOT WARRANT THAT THE HYPERMANIA IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HYPERMANIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Hypermania IPR OR SERVICES IN TERMS OF THEIR CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE HYPERMANIA IPR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL HYPERMANIA AND/OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER, TO YOUR USE OF THE SERVICES AND/OR THE Hypermania IPR, OR RELIANCE ON ANY OF SERVICES AND/OR THE Hypermania IPR, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY HYPERMANIA .
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
You agree to defend, indemnify and hold Hypermania and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, agents, licensors and suppliers harmless from and against any and all losses, expenses, liabilities, costs, claims, demands, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or your use of the Services; (ii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right, and including any third party claim in respect of the Submitted Materials; (iii) any breach of these Terms.
THIRD PARTY’S CONTENT
Some of the content and materials available through the Services may be provided by third parties. No reference made in the Services to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of Hypermania, constitute or imply an endorsement, recommendation or favoring by Hypermania.
Any opinions, advice, statements, content, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Hypermania and Hypermania does not endorse, promote, solicit or recommend them in any way. Hypermania makes no warranties or representations as to, and shall have no liability for, any of the foregoing.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or Hypermania IPR immediately (including, without limitation, the license set forth in Section 2 above), at our sole discretion and without notice. Upon termination, you shall immediately cease using the Services and/or the Hypermania IPR, pay Hypermania any applicable fees and payments due as of termination and the following Sections shall survive: 1, 3-5, 7-15.
Without derogating from any other right and remedy provided to Hypermania under law and/or these Terms, Hypermania reserves the right to limit or revoke your license and access to and/or use of the Services and/or the Hypermania IPR in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms. If you have more than one account, Hypermania may terminate all of your accounts. In addition to the foregoing, Hypermania may selectively remove, revoke or garnishee Benefits associated with your account. “Benefits” mean any online or off-line elements or features of the Service, including, without limitation, paid and free downloadable content, Coins and other virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your license to use the Services expires or is terminated, Hypermania may, without notice, delete or deny you access to any of the Hypermania IPR and/or Services or meta data that may remain in its possession or control.
(i) These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel-Aviv. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) You acknowledge and agree that Hypermania has the right, at any time and for any reason, to redesign or modify the Hypermania IPR and other elements of the Services or any part thereof; (iv) this is the entire agreement between you and Hypermania regarding the subject matter herein; (v) Hypermania may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Hypermania. Any unauthorized assignment will be void and of no force or effect; (vi) nothing in these Terms shall be considered as granting any rights to third parties towards Hypermania; (vii) the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) 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.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: email@example.com
Last updated August 28, 2018