Terms of Service

Last updated: February 16, 2023

Welcome to use the services of Huippee Oy.

Please read these Terms of Service (“Terms”) carefully before using the Huippee games (“Games”) under the Huippee Heroes brand and websites, like http://www.huippeeheroes.com/ (”Website”) operated by Huippee Oy and other software (“Software”) developed by us (“Huippee”, “us”, “we”, or “our”). Software, Games and Website are jointly called the services (“Services”).

These Terms apply to the use of all our Services provided to you, including games and/software developed and/or published by us, other software, Huippee’s and aforementioned Games’ or Software webpages and other services, such as applications or any social platforms of the aforementioned Services or any other services Huippee has attached these Terms.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.

By installing, otherwise accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access and shall discontinue using the Services.

In addition to these Terms, Huippee ’s Privacy Policy (available at https://www.huippeeheroes.com/privacy-policy) applies to the use of the Services. Our Privacy Policy helps you understand what personal data we collect, and how such personal data is used. By using the Services, you represent that you are age 13 or older. If you are between the ages of 13 and 17, or a minor according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and has given you permission to access and use the Services.

When you access the Services through a mobile network, your network, operator or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and the some or all parts of the Services may not work with your network provider or device.

  1. USE OF THE SERVICE

Subject to you agreeing to these Terms and your compliance with these Terms and any other relevant policies, we grant you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access and use the Services solely for your own non-commercial entertainment purposes only. You may not use any part of the Services for any purpose other than the permitted use of the Services.

The Services are provided to you for your personal and non-commercial use only. You shall not sell, rent or give away your right to use the Services, or create user account by using a false identity or information, or create a user account on behalf of someone other than yourself or the entity you represent. You shall not use the Services if you have previously been removed from using any part of the Services by Huippee, or previously been banned from using any Huippee Services.

You may be required or given the choice to create a user activation and/or choose a username for your use in the Services. Huippee reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

You understand that for reasons that include, without limitation, system security and stability, Services may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. These Terms do not entitle you to future updates, new versions or other enhancements of the application although Huippee may choose to provide such updates, etc. in its sole discretion.

You may not use any technological or other means (such as bugs or glitches in the Services, or third-party tools or software) to use the Services in a way that interferes with or disrupts the Services. You may not use, or access the Services for the purpose of building a competitive product or service.

  1. REGISTRATION

Use of the Services do not require registration. You may provide us with correct personal and other information if such information is required and keep the information up to date. You should protect your username and password against misuse and keep them personal. You must promptly notify us about any unauthorized use. You agree that you are personally responsible for the use of your user account, and for the communication and activity in connection with the Services.

  1. LIMITATIONS OF USE

Your use of the Services is strictly tied to your compliance with these Terms. Any use of the Services in violation with these Terms is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability towards Huippee or liability for violations of law.

You agree that you will not, under any circumstances:

  1. use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent our affiliation with any person, entity or the Services);
  2. disguise, anonymize or hide your IP address or the source of any material or content that you upload into the Services;
  3. interfere with or disrupt the Services, servers or networks that provide the Services;
  4. attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Huippee;
  5. post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;
  6. post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
  7. attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including our employees;
  8. solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services;
  9. ‘harvest’, ‘scrape’, collect or post any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items a.k.a ‘spyware’ or ‘pcms’ (passive collection mechanisms);
  10. disrupt the normal flow of a Game, Software, Website or otherwise act in a manner that is likely to negatively affect other users’ or players’ ability to compete fairly when playing the Games or using the Software and Website;
  11. institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
  12. disobey any requirements or regulations of any network connected to the Services;
  13. circumvent technological measures designed to control access to, or elements of, the Services; or
  14. do anything else that we deem not to be within the spirit of fair play or intent of the Services.

You acknowledge and agree that you are solely responsible for your actions in the Services and actions made in the Services using your user account.

Huippee reserves the right to determine what conduct it considers to be in violation of these Terms or other rules of the Services, or otherwise outside the intent or spirit of these Terms of Service or the Services itself. Huippee reserves the right to take action as a result, which may include terminating your access to the Services in whole or in part.

  1. SUSPENSION AND TERMINATION

WITHOUT LIMITING ANY OTHER REMEDIES, HUIPPEE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE USER ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND PORTIONS THEREOF, PROHIBIT ACCESS TO SERVICES’ GAMES, SOFTWARE AND WEBSITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THE USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR OTHER POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO WE BELIEVE MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Huippee reserves the right to stop offering and/or supporting the Services or a particular Game or Software or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Huippee shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.

You may terminate your account at any time and for any reason by contacting our customer support at support@huippeeheroes.com or by using the in-app “contact support” function available in some Games or Software.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.

  1. THIRD-PARTY SERVICES AND MATERIAL

The Services may contain links to websites or services operated by third parties or feature content, which is made available by third-party services and enable you to access and may use certain third-party services (such as for friend invitation). Use of any websites or services operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Huippee assumes no responsibility for such third-party services and/or content in third-party services.

These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as an application store including e.g. Apple App Store or Google Play) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.

  1. INTELLECTUAL PROPERTY RIGHTS AND CONTENT

All rights, title and interest in and to the Services (including without limitation any games, any software, titles, computer code, themes, objects, characters, names, user accounts, dialogue, catch phrases, concepts, artwork, fonts, animations, sounds, musical compositions, audio-visual effects, trade secrets, trademarks, service marks and logos contained therein, moral rights, documentation, in-app chat transcripts, recording of Games played or Software used by using Huippee’s Games, Software and/or server software) (“Huippee Property”) are owned by or licensed to Huippee, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Huippee reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Games, Software and the Services. Using the Services does not give you ownership of or any rights to any intellectual property in the Services or the content you access, if not expressly otherwise stated in these Terms.

Huippee owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods, like crystals, coins, currency or any other virtual items appearing or originating in any part of the Services, whether earned in a Games or Software, or  purchased, or any other attributes associated with an account or stored on the Services.

The Services may include chat functionalities, various forums, draws or competitions, where you can post your own content. The Services allows you to submit, transmit or otherwise make available certain information, drawings, messages, text and/or other materials (together “Content”). In addition, the Services may allow you to create audio-visual Content, including, but not limited to, tracks, characters, items, screenshots, or videos of your gameplay. When you upload, post, transmit, store or otherwise submit Content in the Services, you are entirely and solely responsible for that Content, and you agree not to submit any unlawful Content, Content violating any intellectual property rights, Content containing any viruses or harmful code or otherwise inappropriate Content. This responsibility continues even if you stop using our Services. You agree that the material is non-confidential. You will not take action against us in relation to Content or material that you submit, and you agree to indemnify us if any third party takes action against us in relation to the Content or material you submit. For the avoidance of doubt, private messages shall not be publicized, without the consent of the user. 

Huippee shall not have any duty to monitor any Content. However, Huippee shall have the right (but not the obligation) to remove any Content that fails to comply with these Terms.

As between you and us, you retain all intellectual property rights and title to the Content. When you submit Content to the Services, you grant Huippee a non-exclusive, worldwide, fully paid up, perpetual, irrevocable, sublicensable and transferable license to access, use, reproduce, distribute, create derivate works and translate the Content as needed for the purposes of (i) providing the Services, (ii) internal research and development and/or to improve the Services and any other Huippee technology, and (iii) providing the Content to our partners or other users, (iv) possibility to other users to create derivative works, including without limitation game characters, game items and/or game tracks to be used within Huippee’s Services. This license continues even if you stop using our Services. You represent and warrant that you have the legal right to grant these rights to Huippee; please make sure you have all the necessary rights to grant Huippee this license to the Content you submit to the Services.

You have the right to upload Content (such as audio, video and screenshots) of the Services to social media services (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that misrepresents the Services, or any Games or Software included in the Services.

You are solely responsible for securing and backing up your Content. We may create reasonable technical limits on the Content, such as limits on file size, storage space, processing capacity, and other technical limits.

  1. PURCHASES

In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “Virtual Currency”, including but not limited to virtual coins, crystals or gems, all for use in the Services; and (b) “virtual in-app items” (together with Virtual Currency, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Services, and not in any other way.

Huippee may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. Huippee shall have no liability to you or any third party in the event that Huippee exercises any such rights.

The transfer of Virtual Items is explicitly prohibited. You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Huippee, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT HUIPPEE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

The provision of Virtual Items for use in our Games or Software is a service provided by Huippee that commences immediately upon acceptance by Huippee of your purchase.

  1. SUPPORT

Free support assisting in the use of Services is provided, at our sole discretion and without any warranties or service level guarantees for response times, by email. Contact support@huippeeheroes.com for assistance.

  1. LINKS TO OTHER WEB SITES

Our Services may contain links to third-party web sites or services that are not owned or controlled by Huippee and enable you to access and use certain third-party services.

Huippee has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Use of any such content, goods or services operated by third parties shall be subject to the relevant third-party’s terms and conditions applicable to such use. You further acknowledge and agree that Huippee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

  1. CHANGES

Huippee may change these Terms at any time, upon notice, and we recommend that you review the Terms regularly. If you do not agree to the new terms for the Services, you should discontinue your use of the Services. You will be deemed to have accepted such changes by continuing to use the Services. None of the changes will apply retroactively and the changes will become effective on the announced date.

Huippee may change the Services by adding, modifying or removing any features or functionalities as the Services are evolving. We may also stop providing parts of, or the whole of, the Services. We may also create new operating guidelines, limitations or terms applicable to the Services at any time. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Services.

  1. PERSONAL DATA AND SECURITY

Our use of your personal data is governed by our Privacy Policy. You approve to processing your personal data in accordance with the Huippee Privacy Policy by downloading, installing, accessing or using the Services.

We shall take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to us via the Services. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on our servers is not generally available to the public. However, the use of internet services always includes security risks.

  1. DISCLAIMERS AND NO WARRANTIES

Without limiting our liability under section 13 below, the Services are provided on an “as is” and “as available” basis for your use. Huippee expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Huippee makes no warranty that (i) the Services will meet your requirements; (ii) your use of the Services will be timely, uninterrupted, secure or error-free at times or locations of your choosing; (iii) that the Games, Software or the Services are free of viruses or other harmful components; and (iv) any defects or errors in the Services will be corrected.

  1. LIMITATION OF LIABILITY

You expressly understand and agree that to the maximum extent permitted by law, Huippee  and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if Huippee  has been advised of the possibility of such damages). To the maximum extent permitted by law, Huippee’s liability, if any, is limited to the amounts which you paid to Huippee for the Services during the period of six (6) months immediately preceding the event giving rise to the claims or the amount you paid to Huippee under these Terms or EUR 10.00, whichever is lower, unless otherwise stated.

You hereby acknowledge and agree that Huippee shall have no liability whatsoever in connection with or arising from your use of the Services, as set forth herein, including any damage to your devices or software. Your only right or remedy regarding any problems or dissatisfaction with the Services is to uninstall any applications associated with the Services and to discontinue the use of any webpages and other content included in the Services.

You understand and acknowledge that Huippee will not be liable for any network-related problems attributable to the operation of the Services and that network configuration changes may affect the system’s performance. You are liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to Huippee and/or third parties.

Some jurisdictions may not allow (some) limitations of liability. In such case some limitations may not apply to you.

  1. INDEMNITIES

You agree to defend, indemnify and hold harmless Huippee from and against any and all third party claims and all liabilities, assessments, losses, costs or damages, including reasonable attorneys’ fees,  resulting from or arising out of (a) any Content you submit, post, transmit, or otherwise make available through the Services; (b) your use of the Services; (c) any violation by you of these Terms; or (d) your actual or alleged violation of any third party rights. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services. Huippee reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.

  1. FORCE MAJEURE

Huippee shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Huippee, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Huippee’s reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

  1. MISCELLANEOUS AND DISPUTE RESOLUTION

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any of our rights or obligations hereunder at any time. These Terms are binding on any respective successors and assignees.

If any particular provision of these Terms shall be held invalid, illegal or unenforceable, the remaining provisions shall not be affected or impaired.

A failure by a party to insist upon the performance of any term of these Terms, or a waiver by a party of any term of these Terms, shall not be deemed to be a waiver of any future right or remedy by such party. Any waiver must be explicit and given in writing by the authorized representative of a party.

This section 16 shall not preclude a party from obtaining interim injunctive relief on an immediate basis from a court of competent jurisdiction where such relief is necessary to protect that party’s interests in pending completion of the legal proceedings.

These Terms contain the entire understanding between you and Huippee and supersede all prior agreements between you and Huippee.

If you do not comply with these Terms, and we do not take action right away, it does not mean that you are not fully obligated to perform your obligations in the future, or that we are giving up any of our rights, such as taking action in the future.

These Terms, the Huippee Privacy Policy, or the Services shall be governed by and construed in accordance with the substantive laws in force in Finland, without regard to conflict of law provisions.

You and we agree that the processes for dispute resolution described in these Terms will apply to any dispute or claims related to these Terms, the Huippee Privacy Policy, or the Services. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your account, delete your account, or stop using the Services. They will also apply to disputes that arose before we entered into these Terms.

The parties shall primarily attempt to resolve any dispute, controversy or claim under or in relation to these Terms through amicable negotiations. Should the parties fail to settle the dispute or claim within 60 days from the commencement of such negotiations, either party shall be entitled to initiate legal proceedings as set forth below for final resolution of the dispute.

All disputes relating to the Services and the Terms shall be settled at the District Court of Helsinki, Finland having the sole jurisdiction.

In addition to formal court proceedings, you may have the right to bring disputes regarding the Services to a third-party dispute resolution body, such as to the Finnish Consumer Disputes Board. More information on the Finnish Consumer Disputes Board can be found at https://asiointi.kkv.fi/asiointi.

If you are a resident of the European Union, you may have the right to bring your claim or dispute to an Online Dispute Resolution body. More information on this can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .

These Terms do not affect any of your statutory rights that under applicable law cannot be limited or excluded.

  1. CONTACT US

If you have any questions or issues about these Terms, please contact us directly:

Huippee Oy, Business ID: 3097631-1

huippeeheroes.com

Email: legal@huippeeheroes.com

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