Terms Service to GamesHyped
These terms of service (the “Terms”) set out the terms and conditions under which GamesHyped provides access for you to use and enjoy our games, apps, websites and other services (the “GamesHyped Services”). GamesHyped is a global video game company headquartered in Brazil, with operations around the world. When we say “GamesHyped”, we are referring to the GamesHyped company responsible for providing the GamesHyped Services in your region (Clause 19 below), and the Terms set forth are in agreement between you and that company.
Please read these Terms carefully, paying particular attention to the following items:
Virtual content. When you click to purchase, earn or receive Virtual Content, you only obtain one license to access the Virtual Content. You do not own any Virtual Content that you unlock and may not transfer it to another person. Virtual Content has no monetary value, is generally game-specific, and you cannot redeem Virtual Content for any type of “real world” money. Refund Policy. You lose the right to change your mind, cancel the order and obtain a refund if you immediately access or download your digital content. There are some exceptions to this rule, but we have a strict refund policy. Learn more here . User Rules. You agree to abide by our User Rules (Section 7). These rules govern in-game behavior as well as certain out-of-game conduct while using the GamesHyped Services. Attention parents! We provide age rating information for games on our website. We also recommend that you supervise your child's online activities, review the content they are accessing and, if applicable, monitor their social interactions. For more information on game ratings and content description, check your local age rating system.
1.1. Can I create an account and use the GamesHyped Services? (You must be an adult or have permission from your parent or legal guardian.) You will need a GamesHyped account to access many of our services. To create an account and use the GamesHyped Services, you must: (i) be an adult; (ii) be an emancipated minor; or (iii) have valid parental or legal guardian consent to be bound by these Terms. If you are not an adult or emancipated minor, or do not understand this Clause, speak to your parent or legal guardian and ask for help. If you are a parent or legal guardian of a minor who creates an account with us, you and the minor accept and agree to be bound by these Terms. You are also responsible for all use of the account and the minor's compliance with these Terms, including all purchases made under the account. You may not create or use an account or use any of the GamesHyped Services on behalf of any other person, natural or legal, or for commercial purposes.
1.2. How can I create an account? (On our website or creating within one of our games.) You may create an account with unique login credentials on our websites or by logging into the GamesHyped Services with an existing social media account (if applicable).
1.3. Do I need to provide my real name and stuff? (Not required, only for direct payment information on authenticated platforms.) You must always provide us with accurate and complete information when requested by our systems.
1.4. I have several different email accounts. Does it matter which one I use to register my account? (Yes. Otherwise, you may miss important notices!) We send notices related to your account, legal issues and services to the email address on file with your account. These notifications can be really important (eg a notification that we intend to close your account for inactivity), so you should keep the email address associated with your account up to date and (if we ask) verified. If you create an account by logging into the GamesHyped Services with a social media account, your GamesHyped account email will need to be added to our dashboard manually.
1.5. Can I share or sell my account or login credentials? (No.) When you create an account with us, we ask that you select a unique username and password (collectively, your “Login Credentials”). You agree that:
1.5.1. You may not share your account or your Login Credentials with anyone (Except as a STAFF ASSIST).
1.5.2. You may not sell, transfer, or allow anyone else to access your account or Login Credentials, or offer any third parties to do so. You must keep your Login Credentials secret. You must notify us immediately if you become aware of any breach of security, including unauthorized account access or loss, theft, or unauthorized use or improper disclosure of your Login Credentials or payment information, so that we can take appropriate action. You are responsible for all losses (including the loss or use of Virtual Content) in your account if you have shared your Login Credentials or are unable to keep your account or your Login Credentials secure.
1.6 Can I ask for assistance from a STAFF? (Yes, in some cases) Requesting credentials by a STAFF is allowed ONLY for requests made for tickets through gameshyped.com or in some cases by a STAFF on the OFFICIAL GamesHyped discord channel, called "GamesHyped" (Title:[STAFF]). See which cases this permission is granted:
1.6.1. You are unable to resolve your issue via text or video call; Your account has a bug or issues that only affect your account;
1.6.2 If you authorize the staff to try to resolve the problem with your account, you are agreeing to these terms: It will be your responsibility after the end of support to request a password change , if this does not happen and your account goes through problems such as loss of items, loss of ranking or anything related to your account, there will be no refund;
2.1. How can my account be suspended or terminated?
2.1.1. You. You may terminate or suspend your account at any time by contacting us via our support page
2.1.2.Nodes. We may terminate or suspend your account without notice if determined that:
(a) you have violated any part of these Terms (including the User Rules);
(b) doing so would be in the best interest of our community or the GamesHyped Services or is necessary to defend the rights of others;
(c) we have stopped offering the GamesHyped Services in your region (although we normally post notice on our website, app or game if we plan to stop offering a core feature of a game or all GamesHyped Services in your region); you have not paid any fees that you owed us (except in cases of gross negligence or willful misconduct on our part) or if we have to reimburse someone for unauthorized use of a payment deducted from your account; or you have made (or if we have reasonable grounds to suspect that you have made) unauthorized use of another person's payment information. We may make these determinations with the help of automated systems and machine learning tools or using other methods that we deem appropriate. If you think we've made a mistake, please contact us with the details and we'll review your case, although we may suspend your account during our review.
2.2. Will GamesHyped keep my account forever even if I stop using it?? (If you leave your account for too long, we may close it after we send you a notification so that you have an opportunity to reactivate it.) If you do not use your account for an extended period, GamesHyped reserves the right to take action with respect to your account, including suspension or termination. If we intend to take action on your account based on an extended period of inactivity, you will be informed first (eg, by email to the email address registered to your account), and you will have ample opportunity to avoid such measures (eg deletion of your account).
2.3. What happens if GamesHyped terminates my account? (You will not play and will lose access to any purchases, including Game Currency and Virtual Goods.) If your account is terminated, you will no longer have access to your account, including associated data or Virtual Content (including Game Currency) (although this does not limit or affect any rights you may have under data protection laws or consumer protection). When we terminate your account for a legitimate reason (for example, if you have violated these Terms):
2.3.1 You will not be entitled to any refund and we will have no liability to you; and we also reserve the right to cancel any other accounts you may have created, as well as your access to any other GamesHyped Services (also without any refunds or liability to you). You understand and agree that by using the GamesHyped Services there is a risk that your account will be terminated or suspended in accordance with these Terms. Whenever you use GamesHyped's Services, keep this risk in mind and always behave appropriately.
3.1. What can I do with GamesHyped Services? (You may use GamesHyped Services for your own personal, non-commercial use.) We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the GamesHyped Services (and any Virtual Content) for individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with the terms of this Agreement. If we terminate your account, any license granted to you for the GamesHyped Services as well as the Virtual Content will automatically terminate. Unless authorized by GamesHyped expressly to the contrary in a written and signed agreement, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code, translate, lease, pledge, transfer, publish, assign or otherwise distribute any of the GamesHyped Services or any GamesHyped intellectual property, including any of our computer code or the Virtual Content.
3.2. I can do things with GamesHyped's intellectual property (We reserve all rights to our IP, but do allow some personal, non-commercial uses such as fan art.) We (and our licensors) own and reserve all right, title and interest in the GamesHyped Services, as well as all data and content published, generated, provided or otherwise made available on or through the GamesHyped Services, including user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and streams, locations, place names, stories, dialogue, catchphrases, art, graphics, drawings structures or landscapes, animations, sounds, musical compositions and recordings, virtual products, in-game currency, audiovisual effects, character image and graphic likeness, methods of operation and gameplay (collectively, “Game Content”). For the avoidance of doubt, Game Content includes Virtual Content. You may not create any works of your own authorship based on the Game Content or the GamesHyped Services, except as expressly permitted by us. For more information on currently permitted fan usage, please read our Legal policy (but please keep in mind that we may change this from time to time -- and for certain regions where we partner with third parties, the partner's terms of service may supersede policy provisions).
You also agree that unless we grant you a license, in a signed written agreement, you may never use any of our trademarks, service marks, trade names, logos, domain names , brand slogans or trade dress. Any reproduction, redistribution or modification of the GamesHyped Services, or use of the GamesHyped Services not in accordance with this Agreement, is expressly prohibited and may result in severe civil and/or criminal penalties.
4.1. What is Virtual Content? (Virtual Content includes items such as in-game currency and virtual goods such as heroes, skins, emotes, accessories, etc.) When using the GamesHyped Services, we may offer you opportunities to purchase a limited license to access virtual goods such as heroes, skins, emotes, etc., (“Virtual Goods”) and in-game currency (“Game Currency”) associated with to your account (collectively, “Virtual Content”).
Game Currency may only be used for the specific game for which it was purchased, unless otherwise noted at the time of purchase.
4.2. How do I get a "license" to access Virtual Content? (Buy, earn or receive.)
4.2.1 We may offer you various opportunities to purchase a limited license to access Game Currency or Virtual Content, including:
a) buy it (eg with a credit card);
b) earn it (eg by completing missions or in-game tasks);
c) receive it (eg from another player as a gift or use crafting functionality like Hextech®).
4.3. Do I “own” the Virtual Content I unlock? (No. What you "unlock" is not the virtual product itself, but a limited, non-transferable license to access it.)
4.3.1 You do not own any property or will over any Virtual Content that you unlock, regardless of how you acquired access to it. Virtual Content has no monetary value. You may not transfer (unless we allow this in the GamesHyped Services functionality) or redeem Virtual Content for any type of “real world” money. You may not obtain any refund for the purchase of a license to access Virtual Content, except as expressly permitted by us. You can review our current content refund policy here .
4.4. Again: I don't own my Virtual Content? (No!" shouted all the lawyers.) When you obtain our Virtual Content, what we are actually offering you is a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license and right to use that Virtual Content only in connection with your use of the Services. GamesHyped in question.
4.4.1 Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other rights in your account, and that all rights in your account are and will always be the property of GamesHyped and will inure to the benefit of GamesHyped. You also acknowledge and agree that you do not have any title, ownership or other exclusive right to any Virtual Content, regardless of any consideration offered or paid in exchange. Furthermore, except in cases of willful misconduct or gross negligence, or to the extent that these Terms provide otherwise, GamesHyped will not be liable in any way for the destruction, deletion, modification, compromise, hacking or any other damage or loss of any kind caused to the Virtual Content, including the deletion of the Virtual Content following the termination or expiration of your account or our reasonable changes to the GamesHyped Services.
4.5. My Virtual Content will always be available (Not necessarily, no.) In an effort to constantly improve the GamesHyped Services, develop our games and keep the GamesHyped Services safe, fun and secure, we have the right to delete, change, move, remove, repackage, re-price or transfer any and all Game Content, including Virtual Content, in whole or in part, at any time, with or without notice and without any liability to you. For example, your Virtual Products may (and likely will continue to) evolve over time in order to improve the GamesHyped Services or for regulatory or legal reasons. If we decide to completely withdraw certain Virtual Goods that you have recently purchased, we will arrange for a replacement. We will not delete your Game Currency without notice (through postings on our website, app or game) unless your account is terminated for a legitimate reason or by you in accordance with Section 2.1.1. Sometimes we may change the purchasing power of Game Currency (for example, we may increase the number of Game Currency required to purchase Virtual Goods such as skins). We normally only do this in progressive steps, but you will be advised (via posts on our website, app or game) if we intend to make changes that significantly affect your Game Currency in a negative way. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, assigned to any data residing on servers we operate or control, including any Game Content or Virtual Content assigned to your account. If we permit the sale or transfer of your right to access certain Game Content or Virtual Content, this may only be accomplished through services approved or provided by us, if any.
5.1. Is everything on GamesHyped Services free? (No.)
5.1.2 Certain aspects of the GamesHyped Services may require you to pay a fee, and you agree to provide accurate and complete payment information to us or a third party payment administrator used by us . You also agree to pay all applicable fees and taxes on your account. We may adjust prices for any part of the GamesHyped Services at any time. This may affect the purchasing power of your Game Currency, although we normally only do this in gradual steps. All fees and charges are due in accordance with the payment terms in effect at the time the fee or charge becomes due. From time to time, we may modify, change or supplement our fees and billing methods, and such changes will be effective immediately upon posting these Terms or elsewhere on our websites, apps or games. Except in cases of gross negligence or willful misconduct, if you fail to pay the fees you owe us or if we have to reimburse someone for the unauthorized use of a payment made to your account, we may suspend or terminate your account. See Section 2 (Account Closure) for more information.
5.1.3 Subject to applicable law, any applicable fees and other charges for fee-based services (including Game Currency) are payable in advance and are non-refundable, in whole or in part, except as expressly provided in these Terms. Except in cases of gross negligence or intent on the part of GamesHyped, or to the extent these Terms provide otherwise, you are fully responsible for all charges charged to your account, including any unauthorized charges.
5.2. What are my Game Currency-related responsibilities? (Pay applicable taxes; verify that all transactions with us are correct, etc.) You are solely responsible for paying any taxes incurred in connection with the acquisition, use or access to Game Currency. Game Currency may be sold or issued by us in bundles and the price may vary depending on the amount you purchase and where you are shopping. As we deem necessary, in our sole discretion (or as prescribed by law), we may limit the total amount of Game Currency that may be purchased for any game or the total amount of Game Currency that may be held in your account. In addition, the price and availability of Game Currency and Virtual Goods are subject to change. We may restrict the Game Currency you can purchase and/or use based on your location as we have different approaches in different locations.
5.2.1 You must verify that the appropriate amount of Game Currency has been added to or deducted from your account during any transaction. Please notify us immediately if you believe an error has been made with your Game Currency balance. We will investigate your complaint and, in doing so, we will ask for more information for verification.
6.1. Can I submit ideas to improve the Game to GamesHyped? (Please don't. If you do anyway, we have the absolute right to use them forever.) We value your feedback on the GamesHyped Services, but please do not submit ideas, suggestions or creative materials to us (collectively, “Unsolicited Ideas”). We may freely use any of these Unsolicited Ideas that you provide. This policy is intended to avoid possible misunderstandings or conflicts if the GamesHyped Services eventually appear similar to Unsolicited Ideas submitted by people.
6.1.2 Although you have no legal rights to the Unsolicited Ideas that you insist on submitting to us, if you do, we will be permitted to use all or some of your Unsolicited Ideas for any reason we choose and without any payment to you.
6.1.3 In legal terms, this means that if you send us Unsolicited Ideas, you grant us a perpetual, irrevocable, sublicensable, transferable, assignable, worldwide right and license , non-exclusive, and royalty-free, to use, reproduce, distribute, adapt, modify, translate, create derivative works, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import the your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial property rights, as well as all other intellectual property and related proprietary rights, in any media now known or to be developed in the future, for any purpose, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you undertake to sign and deliver any and all documents and perform any and all necessary or desirable acts in order to ensure that the rights to use Unsolicited Ideas granted to us as specified above are valid, effective , and enforceable, thereby waiving any claim that requires - and promising never to claim - compliance with such rights to the fullest extent permitted by the laws of your region.
7.1. Can I 'troll', insult, threaten or harass people while using the GamesHyped Services? (No. If you do, we may take steps like canceling your account.) When using the GamesHyped Services, you must comply with all laws, rules and regulations in the region in which you reside. You must also comply with the acceptable use and behavior policies that we periodically post on our websites, apps and games and the rules of behavior listed below (collectively, the “User Rules”). The User Rules posted on our websites, apps and games or set out in this Section are not exhaustive, and GamesHyped reserves the right to modify them, as well as take appropriate disciplinary action, including temporary bans, suspension, or termination and deletion of account in order to protect the integrity and spirit of the GamesHyped Services, regardless of whether a specific behavior is listed in the User Rules as inappropriate.
7.1.2 The following are examples of behavior that warrant disciplinary action:
(a) Impersonate any person, company or entity, even an employee of GamesHyped, or communicate in any manner that appears to originate from GamesHyped; p>
(b) Publicly posting identifying information about yourself, GamesHyped employees or other players;
(c) Harass, stalk or threaten other GamesHyped players or employees;
(d) Remove, alter or obscure any GamesHyped copyright, trademark, patent or other proprietary rights notice contained on the GamesHyped Services. You also may not transmit content that violates or infringes the rights of any third party, including patent, trademark, trade secret, copyright, image rights, personal rights or other rights;
(e) Transmit or communicate any content that we reasonably believe to be offensive to players, including language that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit or racially, ethically or otherwise objectionable;
(f) Transmit or facilitate the transmission of any content that contains a virus, corrupted data, Trojan horse, keystroke logger bot, worm, time bomb, cancelbot or other computer programs or code that are intended to damage and/or actually damage, interfere in a harmful manner, and clandestinely intercept or extract, delete or steal any system, data or personal information;
(g) Avoid, bypass, remove, disable, impair, decode or otherwise circumvent any technological measure implemented by GamesHyped or any third party in order to protect or control access to the Services of GamesHyped or any part of them;
(h) Send spam, whether for personal or commercial purposes, interrupting the flow of conversation with repeated postings;
(i) Engage in any action that we reasonably believe may be deceiving or is deceiving any other player, including through scam or social engineering;
(j) Use unauthorized third-party programs, including mods, hacks, cheats, scripts, bots, trainers, and automation programs that interact with the GamesHyped Services in any way, for any purpose , including any unauthorized third party programs that intercept, emulate or redirect any communication regarding the GamesHyped Services and any unauthorized third party programs that collect information about the GamesHyped Services by reading memory areas used by the GamesHyped Services to store information;< /p>
(k) Accessing or attempting to access areas of the GamesHyped Services that have not been made publicly available;
(l) Select an account or username that is falsely indicative of an association with GamesHyped, contains personally identifiable information, or that is offensive, defamatory, vulgar, obscene, sexually explicit , racially or ethically objectionable or otherwise objectionable. You may not use misspellings or alternative spellings to circumvent this restriction on name choices, such as usernames. GamesHyped may modify any name that, in GamesHyped's sole discretion, violates this provision, without notifying you, and may take other disciplinary action, including account termination for repeated violations;
(m) Playing games on someone else's account or engaging in activities designed to "improve" an account's status or ranking;
(n) Inducing or encouraging others to violate the User Rules or these Terms;
(0) Use GamesHyped Services for any commercial purpose without our express written consent or after we ask you to stop using GamesHyped Services.
8.1. Am I responsible for the content I post on GamesHyped Services? (Yes, and we can use whatever you post.)
8.1.2 In addition to Unsolicited Ideas (discussed separately in Section 6 above), you are also responsible for any other communications, usernames, images, sounds or other materials and information that you create, upload, use or transmit with or through the GamesHyped Services(“Your Content”).
8.1.3 You may only upload or transmit Your Content if you agree that:
(a) You grant us, upon uploading or transmitting Your Content, a worldwide, perpetual, irrevocable, sublicensable, non-exclusive, royalty-free right and license , as well as a license to use, reproduce, distribute, adapt, modify, translate, create derivative works, publicly perform, publicly display, digitally perform, make, have made, and import Your Content, including all copyrights, trademarks, secrets trademarks, patents, industrial rights and all other intellectual property rights and proprietary rights related thereto, for the purpose of providing the GamesHyped Services without indemnification to you;
(b) You waive any moral rights you may have in Your Content with respect to our use of Your Content, to the fullest extent permitted by the laws of your region. If local laws do not permit the waiver of moral rights, you will instead grant GamesHyped the right to use Your Content as well as all elements of Your Content, with or without your name or alias, as well as the right to edit Your Content freely;
(c) You represent, warrant and agree that no part of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of GamesHyped, and GamesHyped shall not be responsible for any use or disclosure of Your Content.
(d) You further represent, warrant and agree that Your Content will not infringe any third party rights.
9.2. Does GamesHyped run programs on my device while I am not using GamesHyped Services? (We can, for limited anti-cheating purposes.)
9.2.1 To prevent cheating and hacking, we may require you to install anti-cheating software. This software can run in the background on your device.
10.1. Will these Terms change in the future? (Yes.)
10.1.2 We may (and likely will) create updated versions of these Terms in the future as the GamesHyped Services and applicable laws evolve. When we do, we will inform you of the new agreement that will replace these Terms. You will have the opportunity to review any new agreement we present to you and decide whether you wish to agree to the revised terms. If you accept the new agreement, you will be able to continue using the GamesHyped Services. If you decline the new agreement, you will no longer be able to use the GamesHyped Services.
10.2. Will the GamesHyped Services remain the same? (No. As a Charmander, they will evolve.)
10.2.1 In an effort to constantly improve the GamesHyped Services, further the evolution of our games, and keep the GamesHyped Services safe, fun and secure, you agree that we may change, modify, update, suspend, “nerf” or restrict your access to any features or parts of the GamesHyped Services, including the Virtual Goods (for example, we may change some features of the Virtual Goods for regulatory or legal reasons or to improve your game experience) and we may require you to download and install software and updates for any software necessary to support GamesHyped Services at any time without liability to you. You also understand and agree that such changes or updates to the GamesHyped Services may change the system specifications necessary to play our games, in which case you, and not GamesHyped, will be responsible for purchasing any additional software or hardware necessary to access and play our games. You also understand and agree that we may use background patches to automatically update our games and software with or without notice.
11.1. What about links on the GamesHyped Services? Are they safe? (Like Bard's magical travels, you might find something dangerous waiting for you on the other side. Proceed with caution….) The GamesHyped Services may contain links to websites operated by third parties. Again, we do not own or operate these other sites. We provide these links for your convenience, or other users may be posting these links as user-provided content. Use these links and the corresponding external sites at your own risk. We do not control the linked sites and are not responsible for the content available on them. These links do not imply our endorsement of information or materials on any other site, and we assume no responsibility for your access to and use of such linked sites.
12.1. What should I do if someone is violating my copyrighted work on the GamesHyped Services? (Send us a copyright takedown notice.) GamesHyped respects copyright law and expects its users to do the same. Our policy is to terminate, in appropriate circumstances, the accounts of users who infringe or are believed to infringe the rights of copyright holders. GamesHyped will respond promptly to claims of copyright infringement committed using the GamesHyped website or other online network accessible through a mobile or other type of device (the “Sites”) that are reported to the Copyright Agent GamesHyped Designee, identified in the notification template below.
12.1.2 If you are a copyright owner, or are authorized to act on behalf of a copyright owner, or are authorized to act under any exclusive copyright , report alleged copyright infringements that occur on or through the Sites by submitting a notification that contains all of the following:
(a) Identify the copyrighted work that you claim has been infringed or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works for copyrights that you claim have been infringed.
(b) Identify the material that you claim is infringing (or is the subject of infringing activity) and that must be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material, including at a minimum, if applicable, the address [URL] of the link shown on the Site(s) where such material can be found.
(c) Provide your mailing address, telephone number and, if available, email address.
(d) Include the following two statements in the body of the Notice:
(e) “I declare in good faith that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (eg. , such as 'fair use' (copyright limitation).”
(f) “I certify that the information in this Notice is accurate and [under penalty of perjury] * that I am the owner or authorized to act on behalf of the copyright owner or a exclusive right under the copyright that is allegedly infringed.”
(g) Please provide your full name and your electronic or physical signature.
(h) Deliver this notice ("Notice"), with all items completed, to GamesHyped's Copyright Agent at the address of the GamesHyped company responsible for providing the GamesHyped Services at your region (see Clause 19). Be sure to check “A/C: Copyright Agent” (not “A/C: Legal Department) so it gets to the right person quickly. Instead, you may email your Notification to: [email protected]. This email address is intended solely for receiving copyright takedown notices and not for general inquiries or requests to GamesHyped. Attachments cannot be accepted in the email address for security reasons. Therefore, any Notice sent electronically with an attachment will not be received or processed.
Please note that the Notices are legal notices and that GamesHyped may provide copies of such notices to participants in the dispute or to third parties, at its discretion or as required by law. Upon receipt of such Notice, GamesHyped will take any action it, in its sole discretion, deems appropriate, including removing such material from the Sites.
13.1. Does GamesHyped provide warranties on the GamesHyped Services? (Depends on where you are -- get ready for more lawyers screaming!) You assume all responsibility for the installation and use of, and results obtained from, the GamesHyped Services (no matter where you are located).
13.1.2 Also, if you are based in North, Central or South America:
(a) The GamesHyped Services are provided to you "as is" and "as available", without warranties or representations of any kind, either express or implied. You assume full responsibility for your use of the GamesHyped Services. To the fullest extent permitted by applicable law, GamesHyped disclaims all warranties, express or implied, that may apply to the GamesHyped Services, including implied warranties of title, non-infringement, warranty of merchantability, fitness for a particular purpose , and any warranties arising from dealings, during the performance or practice inherent in the business, as well as any warranties as to the accuracy, reliability, or quality of any content or information contained on the GamesHyped Services.
14.1. If someone sues GamesHyped based on my use or misuse of the GamesHyped Services, do I have to pay GamesHyped's legal fees? (Yea.) To the extent permitted by law, except in cases involving gross negligence or willful misconduct on our part, you hereby agree to indemnify, defend and hold GamesHyped, and its subsidiaries, affiliates, officers and directors, harmless from all liability and any claims, lawsuits, losses, liabilities and costs that arise or result from your misuse of the GamesHyped Services, any breach of any provision of these Terms (for example, if you use hacks, cheats or bots on the GamesHyped Services or our IP rights) or any infringement of third party rights by you. GamesHyped reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter which may be subject to indemnification by you; in which case you will cooperate with GamesHyped to enforce any available defenses.
For example, if you use the GamesHyped Services as part of a commercial transaction (something you are not allowed to do) and we are sued for something you do that violates these Terms , you must defend us in court and pay for any damages we incur.
15.1. Is there a limit to GamesHyped's potential liability under these Terms? (Yes.)
15.1.2 To the extent permitted by law, our entire liability to you (whether for breach of this contract, negligence or otherwise) for any loss, injury or damage suffered by you in connection with downloading, using and/or accessing the GamesHyped Services is limited to the total amounts paid by you to GamesHyped during the six (6) months immediately preceding the time your cause of action first arises.
15.1.3 We only make the GamesHyped Services available for home and private use. We are not responsible for business losses (such as loss of profit, loss of business, business interruption, loss of goodwill or loss of business opportunity). We are also not responsible for any damage that occurs because you have not installed any updates when they are made available by GamesHyped or when you fail to maintain the minimum required system specifications. Separately, we are not responsible for: (i) any loss that was not foreseeable at the time you accepted these Terms; or (ii) any loss that we both knew could occur solely because of your special circumstances existing at the time you accepted these Terms (including all consequential damages).
15.1.4 Notwithstanding anything to the contrary in these Terms, WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHEN IT WOULD BE UNLAWFUL TO DO SO, including our liability for: (i ) death or personal injury arising from our negligence; (ii) fraud or fraudulent misrepresentation on our part; (iii) negligent or willful behavior; (iv) for damages arising from a negligent breach of an obligation that is essential for GamesHyped's performance of the contract (“Essential Duties”) to the extent typical and foreseeable; (v) for any warranty provided by us to you; or (vi) for any liability under applicable product liability law in a region.
You may also have specific rights under local law in addition to those described above.
16.1. Which law applies to these Terms or in the event of any conflict? (This depends on where you live and which GamesHyped company provides the GamesHyped Services to you.) Please read below to determine which legislation applies to your use of the GamesHyped Services. Regardless of which law applies, you may have the benefit of enforcing other rights or enforcing additional mandatory rights or remedies provided under local law in addition to those set out in these Terms. Nothing in these Terms limits or affects those rights.
16.1.2 If you live in North, Central or South America (except Brazil)
(a) These Terms and any action arising out of or in connection with these Terms shall be governed by the Federal Arbitration Act and the laws of the State of California, without regard to conflict of law provisions.< /p>
16.1.3 If you live in South Korea
(a) These Terms and any action arising out of or relating to these Terms shall be governed by the laws of Korea.
16.1.4 If you live in Japan
(a) These Terms and any action arising out of or relating to these Terms shall be governed by the laws of Japan.
16.1.5 If you live in Singapore, Philippines, Thailand, Malaysia, Indonesia and Cambodia ("Southeast Asia")
These Terms and any action arising out of or relating to these Terms shall be governed by the laws of Singapore.
16.1.6 If you live in the European Economic Area, the United Kingdom, Brazil or any country not listed in this Clause 16
16.1.7 These Terms and any action arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to conflict of laws principles in space.
16.1.3 If you live in South Korea
17.ADDITIONAL TERMS APPLICABLE TO GamesHyped Services
17.1.2 You may access the GamesHyped Services that we make available from certain authorized third-party stores or platforms (an authorized third-party provider of any store, game system, console or platform, hereinafter individually referred to as “Third Party Platform”), only if you agree that:
(a) These Terms are an agreement between you and us, not between you and the Third Party Platform. As between GamesHyped and the Third Party Platform, GamesHyped is solely responsible for any GamesHyped Services.
(b) The Third Party Platform is under no obligation to provide maintenance and support services for the GamesHyped Services.
(c) The Third Party Platform is not responsible for handling any claims by you relating to the GamesHyped Services or your possession and use of the GamesHyped Service.
(d) If a third party alleges that any of the GamesHyped Services infringes the other party's intellectual property rights, such as between the Third Party Platform and GamesHyped, the Third Party Platform will not be responsible for the investigation, defense, resolution and extinction of any claim.
(e) The Third Party Platform and its subsidiaries are third party beneficiaries of these Terms insofar as they pertain to your license to the GamesHyped Services. Upon your acceptance of these Terms, the Third Party Platform will have the right (and will be deemed to have accepted the right) to enforce this Section 16 and Section 18.9 in connection with your license to the GamesHyped Services against you as a third party beneficiary.
(f) You must also observe all applicable third party terms of service and licenses when accessing or using the Third Party Platform, including any additional terms that apply when downloading, transmitting, accessing or use any GamesHyped game, Virtual Content or other GamesHyped Services.
18.1. What can I do if I have questions about the GamesHyped Services? (Until the day we establish a call center in Kanto, you can email us.) If you have any questions about the GamesHyped Services, or if you wish to contact us for any other reason, please contact GamesHyped Support at https://support.gameshyped.com/
18.2. Can either party assign these Terms? (No. Just us.) GamesHyped may assign its rights under these Terms, in whole or in part, to any individual or legal entity, at any time, with or without your consent. You may not assign your rights under these Terms without GamesHyped's prior written consent, and any unauthorized assignment you make will be null and void.
18.3. Is this our whole deal? (Yes, including the other important policies we talked about earlier.) These Terms represent the entire agreement between you and GamesHyped regarding the GamesHyped Services, and supersede any prior or contemporaneous agreements between you and GamesHyped. These Terms will coexist with, and not supersede, any other GamesHyped policies referenced in these Terms. You and GamesHyped agree that each of us has not relied on any terms, conditions, representations, warranties or the like that are not expressly set out in these Terms, nor will we have any legal recourse with respect to such terms, conditions, representations, warranties or the like. that are not expressly set forth in these Terms.
18.4. What happens if a natural disaster interferes with the Game (GamesHyped is not responsible.) GamesHyped is not responsible for any delay or failure to perform, including any failure to comply with these Terms, due to unforeseen circumstances or causes beyond GamesHyped's control, such as: (a) hacking, cyber attacks, corruption / data loss (when we have taken steps that companies like ours should take to prevent this from happening); or (b) acts of God, war, terrorism, bomb threats, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation resources, fuel, energy, labor or materials.
18.5. Do these Terms mean that we are partners? (Not in the legal sense, no.) You agree that there is no joint venture, partnership, employment relationship or representation between you and GamesHyped as a result of these Terms or your use of the GamesHyped Services.
18.6. If I violate these Terms and GamesHyped doesn't do anything for a long time, does that mean I've released myself from liability? (No. We reserve all our rights.) GamesHyped's failure to enforce any provision of these Terms shall not be construed as a present or future waiver of that provision, nor will it in any way affect any party's right to enforce any such provision thereafter. Any waiver by GamesHyped of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
18.7. What features are available to GamesHyped if I violate these Terms? You agree that GamesHyped would suffer irreparable damage if a breach of some of these Terms (such as Section 3.2) was not specifically punished and that damages would not be a sufficient legal remedy for GamesHyped as a result. We may rely on this Clause to seek a specific court order or performance in court.
18.8. If I need to send a legal notice to GamesHyped, where do I send it? (We hope you never need to send us one, but if you do...) Except as expressly provided to the contrary in these Terms, all notices provided by you or required by these Terms must be in writing and addressed to the GamesHyped company providing the GamesHyped Services in question. The Request must be made by email [email protected]
18.9. Can I play the Game if the US government thinks I may be a terrorist or if I live in an embargoed country? (No.) Most GamesHyped Services are developed in the US, so you will not be able to use them if: (1) the US Treasury Department's Office of Foreign Assets Control lists you as a specially designated citizen and/or blocked person; (2) the US Department of Commerce's Bureau of Industry and Security includes you on its debarred or suspect lists; or (3) you are on a similar list promulgated by an official US government agency or department. You warrant and represent that you are not located in, or under the control of, any embargoed country, nor are you a citizen or resident thereof.
18.10. If part of these Terms is invalidated, what happens to the rest? (Like Ash, these Terms might lose a part or two, but what's left will live on.) Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid or unenforceable for any reason, that provision will be deemed severed from these Terms and the remaining provisions will continue in full force and effect.
18.11. Are these funny titles legally binding? (No. These titles are just our lawyers' way of trying to be catchy and fun. Other lawyers think these titles are really catchy and fun.) The titles and excerpts in parentheses in these Terms are provided for informational and entertainment purposes only. They have no legal effect.
18.12. How long does this contract last? (While you use the GamesHyped Services or until your account is terminated. However, some provisions have been “resurrected” and last forever.) These Terms begin on the date you first accept them and will remain in effect for as long as you use or maintain an account on the GamesHyped Services. However, Clauses 2.3, 3.2, 4.3, 4.4, 4.5, 5.1, 6, 8, and 13-19 inclusive will survive the termination of these Terms.
18.13. When we say "inclusive" in these Terms, do we mean a limitation? (No.)
18.13.1 Whenever we use the term "inclusive" in these Terms, we mean "inclusive without limitation"
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THAT BY CLICKING THE "ACCEPT" BUTTON BELOW OR OTHERWISE USE OR ACCESS THE GamesHyped Services, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS.