Last Updated: February 21, 2022
Welcome to hyperhippo.com! Hyper Hippo Entertainment Ltd. (collectively with its affiliates and subsidiaries, “Hyper Hippo”, “we”, “our” or “us”) is a global gaming company headquartered in Kelowna, British Columbia with offices and operations around the world. At Hyper Hippo, our goal is to create great stories, characters and experiences to connect people of all ages and help build understanding throughout the world. In doing so, we strive to foster an inclusive, diverse and safe environment for our players and we ask the same of our player community.
BY ACCESSING OR USING THE SITE, SERVICES OR CONTENT, DOWNLOADING OR INSTALLING THE GAMES, CREATING AN ACCOUNT OR OTHERWISE SUBMITTING INFORMATION TO US, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT SUBMIT INFORMATION TO OR REGISTER AN ACCOUNT WITH US, ACCESS OR USE THE SITE AND SERVICES OR DOWNLOAD OR INSTALL ANY OF THE GAMES OR CONTENT.
In order to agree to these Terms, you need to be (1) old enough to enter into these Terms on your own in your local jurisdiction; and (2) at least 13 years old. Otherwise, you must have your parent or legal guardian’s consent to agree to the Terms and set up an Account. When registering for an Account or updating information in an Account, you agree to provide accurate age information. It is a breach of these Terms to provide Hyper Hippo with false information, such as false age or date of birth.
Attention Children! IF YOU ARE A CHILD, YOU REPRESENT AND WARRANT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS AND HAS GUARANTEED YOUR COMPLIANCE WITH THESE TERMS.
Attention Parents and Guardians! If you are a parent or legal guardian of a child and you provide your consent to your child’s access to and use of the Site, Games, Services or Content, you agree to be bound by these Terms in respect thereof and you hereby guarantee that your child shall adhere to these Terms. We provide game rating information through our Site, Games and Services about age appropriateness. We also encourage you to supervise your child’s online activities, review the Content they are accessing and, as appropriate, monitor their social interactions.
TABLE OF CONTENTS
3. CONTENT OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
12. VIOLATIONS OF THESE TERMS AND TERMINATION
2. GAMES AND USER ACCOUNTS
Downloading Games and Compatible Devices
The Site and the Services operate on certain operating systems and are available through third party web browsers and, if applicable, third party applications available through application stores on mobile devices. Currently, the Games are available to be downloaded onto mobile devices with iOS and Android operating systems from the Apple Games Store and Google Play, respectively, onto personal computers with OS X, Windows and Linux operating systems from Steam, Huawei AppGallery, and onto PlayStation® 4 computer entertainment systems from the PlayStation® Store. You acknowledge and agree that Hyper Hippo is not responsible for ensuring that your mobile device or personal computer’s software is compatible with the Site, Services or the Games, or that you can use or access the Site, Games or Services through your mobile device or personal computer. In addition, the terms and conditions of the applicable app store from which you are downloading the Games will also apply. We reserve the right to terminate your use of the Games should you use the Games with an incompatible or unauthorized device.
You agree that Hyper Hippo may enforce these Terms directly, as may the owners of the operating systems on which the Games runs, such as Apple and Google, who will also have the right to enforce these Terms against you as a third party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which you are “the end-user”, and Google’s Google Play Terms of Service. In the event of a conflict in the terms of Apple’s Licensed Application End User License Agreement or Google’s Google Play Terms of Service, and these Terms, these Terms shall apply.
You acknowledge that we may, but are not obligated to, offer certain accounts on a trial, guest, beta or promotional basis (a “Promotional Account”). You further acknowledge and agree that we may limit the number and usage of such Promotional Accounts, and access to the Site, Games or Services through such Promotional Accounts, in our sole and absolute discretion. If you have acquired a Promotional Account, you agree that we may solicit your feedback concerning your use of the Site, Services or Content and your experience.
Eligibility and Registration
In order to access and use certain features of the Site, Games, Services or Content you will be required to register an account (“Account”) through the Site, Games, or Services. Hyper Hippo retains the sole discretion to approve applications for registration.
Sign in Information and Passwords
When you register for an Account, you will create a username and a password which you may change at any time. Your username may be publicly visible in certain areas of the Site, Games and/or Services. For this reason, you should avoid choosing a username that could compromise the security of any of your personal information. Hyper Hippo reserves the right to reject and/or remove any username and to require you to choose a different username at any time, for any reason and acting in our sole discretion, including but not limited to a third party claim that the username violates its rights. You agree that you will not select or use a username that is the name of, or makes reference to, another person or entity for the purposes of impersonating that person or entity or for falsely creating the appearance that you are associated with the person or entity. Furthermore, you agree that you will not select or use a username: (a) in which another person or entity has legal rights unless you have that person or entity’s express permission to do so; or (b) that a reasonable person would consider to be offensive.
You are responsible for protecting the confidentiality of your username and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account or sign in information or to allow any other person to access to your Account (with the exception of children, whose parent(s) or legal guardian(s) may access their Account). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your password(s), or any other security breach involving your Account or the Site, Games or Services at firstname.lastname@example.org. We are not responsible for any unauthorized access of your Account or passwords even if you have advised us as such. You are responsible for all activities that occur under your Account, whether or not such activities have been authorized by you.
Accessing Your Account
Each time that you sign into and access an Account, you represent and warrant that:
- you are the person who registered for the Account;
- all of the personal information registered in connection with the Account is current, complete and accurate;
- you are accessing the Site and using the Games and/or Services solely for lawful purposes and in strict compliance with these Terms;
- you are accessing the Site, Games and/or Services solely for your own personal, non-commercial purposes;
- you are not, and are not acting on behalf of, any competitor or prospective competitor of Hyper Hippo;
- you are not accessing the Site, Games and/or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose; and
- you will logoff and exit the Account at the end of each session.
For the purpose of these Terms, where the Account holder is a child, “you” shall mean both the child and the child’s parent or legal guardian.
3. CONTENT OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
Laws and Regulations
Your access to and use of the Site, Games and Services is subject to all applicable international, national, provincial, state and local laws and regulations. You agree to comply with all applicable laws in relation to your access to and use of the Site, Games and Services.
From time to time Hyper Hippo may provide you with opportunities to earn or receive, or offer to sell you, certain products and services including, but not limited to, subscriptions, memberships, and/or licenses to use “virtual” items such as “virtual currency” (including but not limited to virtual cash, tokens, points, units, credits, skins or emotes, all for use within the game accessed through Site, Games and/or Services), free downloadable content, unlockable content, unlock keys, in-game achievements, digital content and other “virtual in-game items” (all such “virtual currency” and “virtual in-game items” being referred to herein as the “Virtual Items”). You acknowledge that Virtual Items are not real items and do not represent real money or any other type of real financial instrument, but rather are virtual items representing a license from Hyper Hippo to you to access certain features of the Site, Games and/or Services. REGARDLESS OF THE MANNER IN WHICH YOU ACQUIRED THE VIRTUAL ITEMS OR THE CONSIDERATION PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN SUCH VIRTUAL ITEMS.
You agree that Hyper Hippo may control, modify, discontinue, replace, manage and/or otherwise regulate any Virtual Items, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you. For example, we may sometimes change the purchasing power of the “virtual currency” (for example, we might increase the number of “virtual currency” needed to purchase “virtual” items such as tokens or emotes). We normally only do this in incremental steps but we may choose to provide you with notice (such as through posts on our Site, Games or Services) if we plan to make changes that will significantly impact your Virtual Items in a negative way. HYPER HIPPO WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING OR ANY OTHER DAMAGE OR LOSS OF ANY KIND TO THE VIRTUAL ITEMS, INCLUDING THE DELETION OF VIRTUAL ITEMS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR OUR REASONABLE CHANGES TO THE GAMES OR SERVICES.
Limited End User License
Subject to your strict compliance with these Terms, Hyper Hippo grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site, (ii) Games, (iii) Services, and (iv) Content, as applicable, on a single computer, mobile device or gaming unit, or media platform, including applications downloaded directly from a legitimate marketplace, for your personal non-commercial purposes (the “License”). You shall not acquire any ownership rights in any of the Site, Games, Services or Content, with the exception of any User Generated Content (as defined below). Except as expressly permitted under these Terms, you will have no right to, directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site, Games or Services, disclose any part or feature of the Site, Games or Services that Hyper Hippo has not publicly disclosed, or display, distribute, publicly perform or any other way exploit the Site, Games, Services or Content in whole or in part. You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site, Games or Services at any time in our sole discretion.
The term of your License commences on the date of your acceptance of these Terms and shall end on the earlier date of your or Hyper Hippo’s suspension or termination of your Account. Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site, Games, Services or Content or you otherwise breach these Terms.
Data Collection and Ownership
User Generated Content
You grant Hyper Hippo a perpetual, world-wide, royalty free, transferable, sublicensable, non-exclusive, irrevocable license to fully exploit all information, data, text, graphics, photos, videos or other materials that you generate in connection with your use of the Site, Games or Services (“User Generated Content” or “UGC”), without notice or compensation to you of any kind. You hereby irrevocably waive all moral rights in your UGC in favour of Hyper Hippo and its successors and assigns and for the full term of such rights. The license granted to Hyper Hippo and the above waiver of moral rights will survive any termination of these Terms.
Suggestions and Feedback
You agree that any and all creative ideas, notes, drawings, suggestions or other information that you may provide to Hyper Hippo, whether solicited or unsolicited, as a user or otherwise (“Feedback”), is the property of Hyper Hippo or our content partners and third party licensors, including all intellectual property rights therein, without providing any compensation to you or any other person and without any liability whatsoever. You agree to and do hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to Hyper Hippo and irrevocably waive all moral rights you may have therein in favour of Hyper Hippo and its successors and assigns and for the full term of such rights. You may submit Feedback by emailing us at email@example.com.
Trademarks, Logos and Branding
The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site and the Games are the property of Hyper Hippo, and our other partners or service providers where named. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the express written permission of Hyper Hippo or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All Content available on or through the Site, Games or Services is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, reproducing, creating derivative works or using any Content for commercial purposes.
Violation of Third Party Rights
You represent and warrant that all content of any kind that is uploaded to or transmitted through the Site, Games or Services will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trade-mark, trade dress, patent, privacy, publicity, confidentiality or other personal or proprietary rights of any such third parties. Hyper Hippo may terminate the privileges of any user who utilizes the Site, Games, Services or Content to unlawfully publish, transmit, link or otherwise provide access to copyrighted material without a valid license, the express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of Hyper Hippo, acting in its sole discretion.
You further represent, warrant and covenant that your use of any user names attached to your account will not violate or infringe upon the trademark, service mark, trade dress, privacy, right of publicity or other proprietary rights of any third party. Without limiting any other rights and remedies of Hyper Hippo, Hyper Hippo may suspend the operation and use of any user names where it determines, acting reasonably but in its sole and absolute discretion, that the continued use of the user name will infringe on the intellectual property, privacy, publicity or other proprietary rights of any third party.
4. COPYRIGHT POLICY
Hyper Hippo respects the intellectual property rights of others and expects you to do the same. We will respond to notices of alleged copyright infringement that are properly provided to us and comply with applicable laws. If you believe that anything on our Site, Games or Services infringes any copyright that you own or control, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing and to terminate your Account without prior notice and at our sole discretion. If you knowingly misrepresent that any Content on our Site, Games or Services is infringing, you may be liable to Hyper Hippo for certain costs and damages. Please submit all notices of alleged copyright infringement appearing on the Site, in the Games or through the Services to firstname.lastname@example.org.
5. COMMUNITY GUIDELINES
Some of the Services we provide include areas or features as part of the Site that offer the opportunity for users to submit UGC for public viewing, including without limitation a message board, chat feature, forum, social community environment or blog (the “Interactive Areas”). YOU ACKNOWLEDGE THAT THE INTERACTIVE AREAS ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY UGC SUBMITTED TO AN INTERACTIVE AREA. Hyper Hippo is under no obligation to review any material whatsoever posted in the Interactive Areas and assumes no responsibility or liability relating to any such UGC. Notwithstanding the above, Hyper Hippo may from time to time monitor, and/or engage a third party to monitor, the UGC. We may also provide you with the ability to report comments and to block another member in the Interactive Areas. However, we recommend that you be careful and exercise common sense and good judgment when using any Interactive Areas.
It shall be a material violation of these Terms for you to post or attempt to post any UGC that contravenes our Community Guidelines posted at https://hyperhippo.com/community-guidelines (the “Community Guidelines”), which may be amended from time to time and which are incorporated into these Terms. YOU ARE SOLELY RESPONSIBLE FOR ANY USER GENERATED CONTENT, INCLUDING PERSONAL INFORMATION, YOU POST AND FOR ANY ACTIONS YOU TAKE ON THE SITE, GAMES AND SERVICES AND THE CONSEQUENCES THEREOF.
6. PAYMENT TERMS
You agree to pay the fees for the Games, Virtual Items, Services and Content that you purchase through the Site, Games or Services, as applicable, and you acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of money. All orders placed are subject to Hyper Hippo’s acceptance. We may accept, decline or place limits on your order for any reason.
All payments must be remitted through an account of a payment provider or processor approved by Hyper Hippo and you agree to abide by the terms and conditions applicable to that payment method. When you provide any such payment account information to Hyper Hippo, you represent to Hyper Hippo that you are the authorized user of that payment account. Hyper Hippo, or its approved third party payment provider or processor will automatically charge your chosen method of payment on a recurring basis for applicable fees in relation to your Account(s) or automatically for any additional in-game purchases, plus any applicable taxes we are required to collect, where you authorize us to do so. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US AND/OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S) AND/OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT(S) FOR ANY REASON OR ANY TERMINATION, INTERRUPTION OR DISCONTINUATION OF SOME OR ALL OF THE SITE, GAMES, SERVICES OR CONTENT.. If you choose a recurring subscription or membership to the Site, Games and/or Services, you acknowledge that payments will be processed automatically until you cancel the subscription or the applicable Account(s). In all cases, your order will represent your offer to Hyper Hippo to acquire a license to the Virtual Items, Games and/or Services ordered, which offer will be deemed to have been accepted by Hyper Hippo on the earlier of (i) when that the Virtual Item, Games and/or Service becomes available for use through your Account(s) and (ii) when your payment account is charged.
Cancellation and Refunds
When you sign up for a recurring subscription, membership or other ongoing Games and/or Services, you have the right to cancel the recurring arrangement in writing within seven (7) calendar days after you first entered into the recurring arrangement and you will receive a full refund of any fees paid within thirty (30) days. However, if you access or use the Games and/or Services related to the recurring arrangement, you lose your right to withdraw from or cancel the recurring arrangement and your fees are non-refundable. With respect to Virtual Items, your right of withdrawal or cancellation is lost immediately as the performance of the related Service and/or provision of access and use of the Games begins as soon as you place your order. The period of any auto-renewal or recurring arrangement will be the same as the period you originally ordered unless otherwise disclosed to you at the time of purchase. The charges made in connection with any auto-renewal or recurring arrangements will also be at the same rates as were in effect at the time of your original order unless Hyper Hippo gives you prior notice of any change to such charges prior to such charges being made for any subsequent renewal period. If you cancel an auto-renewal or recurring arrangement after the seven (7) day cancellation period or after you have accessed or used the associated Games and/or Services, you will not be entitled to a refund and the cancellation will be effective at the end of the then current recurring period unless you request an earlier termination date in writing. Cancellation requests must be submitted by email to Hyper Hippo at: email@example.com.
7. THIRD PARTY SERVICES
The Site, Games, Services or Content may contain links to websites, products and other resources operated by third parties other than Hyper Hippo (“Linked Sites”). Such links are provided solely as a convenience to you. Hyper Hippo does not control such Linked Sites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to the Linked Sites on the Site, Games, Services or Content does not imply any endorsement or any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any Linked Sites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
We may provide tools through the Site, Games, Services or Content that enable you to export information to third-party services, including through features that allow you to link your Account with an account on a third-party service, such as Facebook or Discord, or through our implementation of third-party buttons (such as “like” or “share” buttons). Third-party services are not under our control, and we are not responsible for any third-party services’ use of your exported information.
Hyper Hippo is not responsible for the conduct of any user of the Site, Games or its Services. By using the Site, Games and/or Services, you agree to accept such risks and agree that Hyper Hippo is not responsible for the acts or omissions of users on the Site or the Games.
You should be careful about what information you choose to share with other users. Hyper Hippo is not responsible for the use of any personal information that you disclose to other users on the Site or the Games or while using the Services.
Hyper Hippo is not responsible for any charges, including data overage fees, that may be charged by your mobile device service provider as a result of your use of the Site or the Games. You are responsible for monitoring your own data consumption, and any charges incurred by you as a result. You should check with your mobile device carrier to understand what data and messaging rates will apply when you access and use the Site and Games through your mobile device.
9. NO WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SITE, GAMES, SERVICES AND ALL CONTENT ON THE SITE AND GAMES INCLUDING LINKED SITES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, SUITABILITY OR ACCURACY, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. HYPER HIPPO DOES NOT WARRANT THAT THE SITE, GAMES, SERVICES OR CONTENT ARE SUITABLE FOR OR WILL MEET YOUR REQUIREMENTS, ARE FREE OF DEFECTS, THAT THE OPERATION OF THE SITE, GAMES OR SERVICES WILL BE FREE FROM INTERRUPTION OR ERROR-FREE, AND HYPER HIPPO DOES NOT WARRANT THAT ERRORS OR DEFECTS IN THE SITE, GAMES, SERVICES OR CONTENT WILL BE CORRECTED. FURTHER, HYPER HIPPO DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, GAMES, OR ANY LINKED SITE, INCLUDING ANY THIRD-PARTY ACTIVITIES, AND HYPER HIPPO SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY THROUGH THE SITE, GAMES, ANY LINKED SITE OR OTHERWISE.
10. LIMITATION OF LIABILITY
Limitation of Liability for the Use of the Site, Games, and Services
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT HYPER HIPPO, ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS WILL NOT BE LIABLE, WHETHER UNDER STATUTE OR IN CONTACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, PERSONAL PROPERTY DAMAGE, BREACH OF PRIVACY, LOSS OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, THE REPLACEMENT COST OF PERSONAL PROPERTY, THE COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, REPUTATIONAL LOSS OR DATA CORRUPTION OR DATA LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE (INCLUDING THE REPETITIVE USE) OF THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, HOWSOEVER ARISING INCLUDING THE NEGLIGENCE OF HYPER HIPPO, EVEN IF HYPER HIPPO IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT OR DAMAGES.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE GAMES AND/OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS OR UNAUTHORIZED DISCLOSURE OF PERSONAL INFORMATION OR DATA, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. HYPER HIPPO CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, GAMES OR SERVICES.
Limitation of Liability for Third Party Goods, Services and Activities Arranged Through the Site
YOU AGREE THAT HYPER HIPPO IS A MERE CONDUIT FOR THE SERVICE PROVIDERS, SUPPLIERS AND ADVERTISERS OF THIRD PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, INCLUDING THIRD PARTY ACTIVITIES, AND HYPER HIPPO DOES NOT ENDORSE OR CONTROL ANY SUCH SERVICE PROVIDERS, THIRD PARTY SUPPLIERS, ADVERTISERS, THIRD PARTY ACTIVITIES OR THIRD PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE, BREACH, LOSS OR PERSONAL INJURY ARISING FROM OR IN CONNECTION WITH THIRD PARTY ACTIVITIES OR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH SERVICE PROVIDERS, THIRD PARTY SUPPLIERS, ADVERTISERS AND THIRD PARTY ACTIVITY ORGANIZERS OR PARTICIPANTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, HYPER HIPPO HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE THIRD PARTY ACTIVITIES AND GOODS OR SERVICES PROVIDED BY YOU OR ANY OTHER SERVICE PROVIDER, SUPPLIER, ADVERTISER OR THIRD PARTY ACTIVITY ORGANIZER THROUGH THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, PERSONAL INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH SERVICE PROVIDER, SUPPLIER OR ORGANIZING ADVERTISER OR PARTICIPANT, AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE HYPER HIPPO FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Cap on Liability
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF HYPER HIPPO FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO (I) YOUR USE (INCLUDING REPETITIVE USE) OF, OR THE INABILITY TO USE, THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE OR (II) THE THIRD PARTY ACTIVITIES AND GOODS OR SERVICES PROVIDED BY YOU OR ANY OTHER SERVICE PROVIDER, SUPPLIER, ADVERTISER OR THIRD PARTY ACTIVITY ORGANIZED THROUGH THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, EXCEED THE AGGREGATE OF ALL AMOUNTS PAID (IF ANY) BY YOU TO HYPER HIPPO. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HYPER HIPPO, ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, LIABILITIES, ACTIONS AND CAUSES OF ACTION MADE OR BROUGHT AGAINST AND ALL COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE (INCLUDING REPETITIVE USE) OR MISUSE OF THE SITE, GAMES, SERVICES, CONTENT, ANY LINKED SITES OR THIRD PARTY ACTIVITIES; (II) YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS; (III) YOUR VIOLATION OR ALLEGED VIOLATION OF ANY APPLICABLE LAW; (IV) YOUR NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; (V) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT, RIGHT OF PRIVACY OR PUBLICITY OR ANY OTHER LEGAL RIGHT OF ANY PERSON OR ENTITY; (VI) YOUR ADVERTISING, MARKETING, PROMOTION, SALE OR DISTRIBUTION OF ANY GOODS OR SERVICES; AND (VII) YOUR ATTENDANCE OR PARTICIPATION IN ANY THIRD PARTY ACTIVITIES.
WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS INDEMNITY SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
12. VIOLATIONS OF THESE TERMS AND TERMINATION
Hyper Hippo may monitor, terminate or suspend your Account or our Services at any time.
You acknowledge and agree that Hyper Hippo may, acting in its sole discretion and without prior notice to you, terminate or suspend your ability to access each or all of the Site, Games, or Services or any portions thereof, and cancel your Account for any reason including, without limitation: (i) if you violate or otherwise fail to strictly comply with any term or provision of these Terms; (ii) if we have determined that your use has created or potentially created risk or legal exposure for Hyper Hippo; or (iii) in response to requests by law enforcement or any other government agencies.
In addition to the foregoing, Hyper Hippo reserves the right to pursue all remedies available at law and in equity for violations of these Terms. You acknowledge and agree that monetary damages may not be an adequate remedy for any violation of these Terms by you and, without limiting any of Hyper Hippo’ other remedies, you hereby consent to, and authorize Hyper Hippo to obtain, an injunction or other equitable relief from any court of competent jurisdiction without the necessity of having to post any bond or other form of security. You further authorize Hyper Hippo to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
These Terms, as amended from time to time by Hyper Hippo, shall remain effective until terminated by you or Hyper Hippo. Upon termination of these Terms for any reason, you must cease use of your Account, cease accessing the Site, Games, Services and Content, delete the Games from your mobile device and promptly delete, purge and destroy all electronic and other copies of any Content.
13. DISPUTE RESOLUTION
You and Hyper Hippo agree that any dispute, claim or controversy arising out of or relating to these Terms, any policy or guarantee referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Games, Services or Content (collectively, the “Disputes”) will be settled by final and binding arbitration, except that each party retains the right to (i) bring an individual action in the British Columbia Supreme Court, or the British Columbia Provincial Court (Small Claims Division) if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property, proprietary, publicity or privacy rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HYPER HIPPO ARE EACH IRREVOCABLY WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR REPRESENTATIVE PROCEEDING. Further, unless you and Hyper Hippo expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. Except where otherwise expressly provided in these Terms, all remedies of Hyper Hippo hereunder shall be cumulative. This “Dispute Resolution” section shall survive any termination of these Terms.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The seat of the arbitration shall be in Vancouver, British Columbia. You and Hyper Hippo hereby irrevocably submit to the exclusive jurisdiction of the arbitrator in Vancouver, British Columbia and waive any defense in an arbitration based upon any claim that such party is not subject personally to the jurisdiction of such arbitrator, that such arbitration is brought in an inconvenient forum or that such venue is improper. The arbitral award shall be in writing and shall be final and binding on each of you and Hyper Hippo. The award may include an award of costs, including legal fees and disbursements. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets. YOU ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO A JURY TRIAL WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE UNDER THESE TERMS.
14. UPDATES AND CHANGES
Hyper Hippo reserves the right, acting in our sole discretion and at any time, to revise these Terms. We will give you notice of such revisions by posting the revisions to the Site and the Games. Changes are effective immediately upon posting. It is your responsibility to ensure that you are aware of the current Terms when you access or use the Site, Games and/or Services. Your continued use of the Site, Games or Services after any such changes come into effect shall constitute your acceptance of such changes.
You acknowledge and agree that the Site, Games and Services are under continual development and may include public patches and/or updates, which are generally available to all users, or private patches and/or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Games and/or Services from time to time in order to continue to access the Site, Games and/or Services and your related Account. You acknowledge and agree that Hyper Hippo may update, modify, patch and/or discontinue any aspect of the Site, Games and/or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you.
You acknowledge that it may be necessary for you to update or upgrade third party software, hardware and devices from time to time in order to continue to access and use the Site, Games and/or Services and your related Account. Hyper Hippo reserves the right to modify or increase the system specifications necessary to access and use the Site, Games and/or Services at any time and without notice and you are responsible for purchasing any necessary additional technology, systems or services in order to continue to access and use the Site, Games, Services and Content and/or your related Account in the event of any change in the system specifications. Hyper Hippo reserves the right, at any time and without notice or liability to you, to update, modify and/or reset certain parameters of the Site, Games and/or Services.
Hyper Hippo reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:
- modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Games and/or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
- make changes to any fees or charges, if any, related to your use of the Site, Games and/or Services;
- remove links or references to any Linked Sites from the Site, Games and/or Service;
- make changes to the equipment, hardware or software required to use and access the Site, Games and/or Services; and
- interrupt the Site, Games and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.
This Site is operated from and Hyper Hippo is located in the Province of British Columbia, Canada. By electing to access the Site, Games, or Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site, Games or Services is in compliance with all laws applicable within that other jurisdiction. Hyper Hippo makes no representation that the Content and any materials, products and services available on or through the Site or Games are appropriate or available for use in jurisdictions outside of Canada. You are not permitted to access the Site, Games, or Services from any jurisdiction in which the Content is illegal or accessing the Site, Games, or Services is illegal. You may not use, export or re-export any materials, including any Content, from the Site, Games or Services in violation of any applicable laws or regulations.
Waiver and Severability
The failure of Hyper Hippo to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void by a court of competent jurisdiction, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in anyway the remainder of such provision or any other provision of the Terms.
Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms and/or any policy referred to herein, will be in writing and given by Hyper Hippo (i) via email (in each case to the email address provided by you for your Account) or (ii) by posting to the Site or Games. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.
These Terms and your legal relationship with Hyper Hippo shall be governed by and construed in accordance with the laws of the Province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms is English.
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Hyper Hippo, which consent may be withheld in Hyper Hippo’s sole discretion, and any attempted assignment in violation of the foregoing is void. Hyper Hippo may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site, Games and/or the business and undertaking of Hyper Hippo.
These Terms shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Hyper Hippo will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of events beyond the reasonable control of Hyper Hippo, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyberattacks, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.
The provisions of these Terms which require or contemplate performance after the expiration or termination of these Terms shall remain enforceable notwithstanding such expiration or termination.
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.
California Users may contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
16. SUPPLEMENTAL TERMS
Additional Terms and Conditions for Specific Hyper Hippo Games or Services
Certain Hyper Hippo Games and/or Services may require you to read and agree to terms and conditions that are specific to those Games and/or Services. Your right to use such Games and/or Services is subject to those specific terms and these Terms. If there are any inconsistencies between those specific terms and these Terms, Hyper Hippo will be the sole arbiter of any such inconsistencies.
Hyper Hippo Games and/or Services for the PlayStation® computer entertainment systems
The PlayStation™ Network Terms of Service and User Agreement continues to apply in its entirety and governs your conduct while accessing Hyper Hippo Games and/or Services through the “PlayStation™ Network”. Any conflict between these Terms and the PlayStation™ Network Terms of Service and User Agreement shall be resolved in favour of the PlayStation™ Network Terms of Service and User Agreement.
PlayStation® Store Purchases in Europe
Any content purchased in an in-game store will be purchased from Sony Network Entertainment Europe Limited (“SNEE”) and be subject to “PlayStation™ Network” Terms of Service and User Agreement which is available on the PlayStation® Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
PlayStation® Store Purchases in USA and Canada
Purchase and use of items are subject to the “PlayStation™ Network” Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Computer Entertainment America.