Effective Date: 23/08/2019
These terms and conditions (hereinafter "Terms") govern Your use of Our application, "Heroic Epoch" which is hereinafter referred to as "the Product" and is available at: Google play store
The Product is owned and operated by: Helmet Lab Limited
These Terms constitute a binding contract between You and: Helmet Lab Limited
In connection with Your use of the Product, we may also provide You with access to various other content, documentation, materials, information, goods or services. In these Terms, we refer to all of these items collectively as "the Items". These Terms will govern Your use of all pages of the Product, as well as Your use of the Items. If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.
If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.
"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.
"Content" means any content, writing, images, audiovisual content or other information published on the Product.
"Contract" means these terms and conditions.
"Dispute" means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.
"Effective Date" means the date that these Terms come into force.
"Goods" means any or all goods provided by or on the Product.
"Identifying Information" means information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name and a password.
"Items" means any and all of the Product, Goods, Content and Materials collectively.
"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Product.
"Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.
"Product" means the mobile application called "Heroic Epoch" including all pages, all sub pages, all blogs, all forums, and all other connected internet content whatsoever which is available at: Google play store
"Terms" means these terms and conditions.
"Third Party Links" means links or references to websites or applications other than the Product, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.
"Us", "We", "Our" or "the Owner" refers to Helmet Lab Limited
"Us", "We", "Our" or "the Owner" also includes any employees, affiliates, agents or other representatives of Helmet Lab Limited
"You" or "Your" refers to the user of the Product.
"Your Content" means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
a. In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
3. YOUR AGREEMENT AND REPRESENTATIONS
a. By continuing to use the Product and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.
b. By continuing to use the Product and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.
c. By continuing to use the Product and the Items You represent and warrant to Us that You have complied with all of these Terms.
4. AGE RESTRICTION
a. In order to use the Items, you must be aged at least 14 years.
b. By using the Items, You represent and warrant that You are aged at least 14 years.
c. We accept no responsibility or liability for any misrepresentation of Your age.
5. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS
a. We may provide You with certain other Items in connection with Your use of the Product.
b. Subject to these Terms, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
c. You may not use the Product, Content or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.
6. SALE OF GOODS/SERVICES
a. We may sell Goods or may allow third parties to sell Goods on the Product. If this occurs, then some specific exclusions of liability will apply, as described in the "Exclusion of Liability" clause.
b. Please refer to Our additional terms and conditions for sale of goods as applicable.
7. REAL-MONEY TRADING
a. Real-Money Trading are strictly forbidden. If you sell, or attempt to sell, any virtual items or virtual currencies obtained or used via the Product, including any account held by you, you may be banned for violation of these Terms. Any solicitation for sales shall be treated as a breach of these Terms.
8. VIRTUAL CURRENCY
The following policies govern the virtual currency ("Virtual Currency") offered by us to its customers using the Product.
a. Introduction to the Virtual Currency. Virtual Currency may be redeemed by you for certain licensed digital items and online services in the Product.
b. Virtual Currency Are Merely Licensed Virtual Goods and Have No Monetary Value. Virtual Currency (and virtual items and services they may be redeemed for) are virtual goods licensed to users and owned at all times by the Company. The license may be revoked by the Company at any time in our discretion. Virtual Currency (and virtual items and services they may be redeemed for) have no monetary value, and you do not have any personal property rights in the Virtual Currency (or virtual items and services they may be redeemed for). Therefore, Virtual Currency (and virtual items and services they may be redeemed for) may not be traded for cash, currency or any form of property, license or rights except for the products and services that the Company chooses to offer you in its sole discretion. You may not transfer Virtual Currency (or virtual items and services they may be redeemed for) to any other person or entity or receive Virtual Currency (or virtual items and services they may be redeemed for) from any other person or entity for any reason unless explicitly authorized by the Company. Virtual Currency (and virtual items and services they may be redeemed for) may be deleted by the Company for any reason or no reason, with or without notice.
c. Pricing and Purchasing. You may add Virtual Currency to your account by using the payment methods specified for the particular platform you are using to access the Product. You must be authorized to use the payment method chosen and, in the case of minors using a credit or debit card of a parent or guardian, your parent or guardian must expressly agree to allow the use of such payment method. The current prices for Virtual Currency will be available for viewing in the Product. The Company reserves the right to adjust the price for Virtual Currency at any time, in its sole discretion, without notice or reimbursement. You are responsible for the payment of any taxes or other charges relating to the purchase or redemption of Virtual Currency. You may not falsely notify your payment processor that you did not authorize any one-time or automatically recurring charge that you consented to previously. We reserve the right to ban those who commit "friendly fraud" from the Product.
d. Limits. In order to protect your security and to deter fraud, the Company may impose limits on the amount of Virtual Currency that you may license per transaction, per day and/or per month. The Company may also limit the maximum amount of Virtual Credits Currency that you may hold in your account at any one time.
e. Usage of Virtual Currency. You may redeem Virtual Currency for certain digital items and/or online services offered within the Product. Such digital items are also revocable licenses for which you have no property interest, and which may be discontinued or deleted at any time. The Company reserves the right to adjust the amount of Virtual Currency due for each digital item and online service at any time, in its sole discretion, without notice or reimbursement. Once redeemed, Virtual Currency will be deducted from your account balance and cannot be used again. You have no right to reverse a transaction once it is completed. However, if the Company determines that an incorrect price (in Virtual Currency) is identified for a digital item or online service, it reserves the right to reverse, adjust and/or nullify any such transaction.
f. NO CASH REFUNDS. EXCEPT AS REQUIRED BY LAW OR AN APPROPRIATE PLATFORM OWNER, YOU HAVE NO RIGHT TO RECEIVE A CASH REFUND FOR UNUSED VIRTUAL CURRENCY. IF A THIRD PARTY OBTAINS ACCESS TO YOUR ACCOUNT, YOU MUST NOTIFY THE COMPANY IMMEDIATELY IN ORDER TO BE ELIGIBLE FOR ANY POSSIBLE REMEDIAL ACTION BY THE COMPANY, WHICH MAY TAKE PLACE AT ITS SOLE DISCRETION.
g. Expiration of Virtual Currency. Virtual Currency issued by the Company currently do not expire, but the Company reserves the right to alter or terminate operation of the Product, any Virtual Currency, and to revoke the licenses to them, at any time without notice. In other words, you may redeem Virtual Currency for as long as the Company chooses to make Virtual Currency redeemable for digital items and services, which the Company has no obligation to do. Accordingly, we encourage you to redeem Virtual Currency sooner rather than later.
h. Improper Acquisition/Usage of Virtual Currency. You agree that the Company has the absolute right to manage and regulate the Virtual Currency and all licenses for digital items and services related thereto in its sole discretion. If the Company suspects any fraudulent, abusive or unlawful activity with respect to your Virtual Currency balance, or your acquisition of licensed digital items or Services associated therewith, then the Company may reduce or liquidate your Virtual Currency balance and/or any or all licenses for digital items and Services related thereto, or deactivate, suspend or terminate access thereto.
i. Termination of Account. If you (a) are banned for any reason, including violation of these TOS, or (b) voluntarily terminate your account, then the Company reserves the right to delete the account and all Virtual Currency and all licenses for items and services related thereto permanently.
j. Changes to the Virtual Currency. SEJ reserves the right to change the way that the Virtual Currency and all licenses for items and services related thereto operates, or to terminate the Virtual Credits System and all licenses for items and services related thereto altogether, at any time, in its sole discretion, without notice. Any such changes shall take effect immediately upon posting of the change.
k. VIRTUAL CURRENCY WAIVER. BY ACCEPTING THESE TOS OR BY USING THE VIRTUAL CURRENCY, YOU AGREE NOT TO ASSERT OR BRING ANY CLAIM OR SUIT AGAINST THE COMPANY, ITS PARENTS OR AFFILIATES, ITS BACK-END SERVICE PROVIDERS, THE PLATFORM LICENSORS, OR THEIR EMPLOYEES, ARISING OUT OF OR RELATED TO VIRTUAL CURRENCY, INCLUDING BUT NOT LIMITED TO, ANY CLAIM WHICH IS BASED ON A THEORY THAT YOU "OWN" VIRTUAL CURRENCY (OR ANY VIRTUAL ITEMS OR SERVICES), OR THAT YOU LOST THE "VALUE" OF VIRTUAL CURRENCY (OR ANY VIRTUAL ITEMS OR SERVICES) AS A RESULT OF VIRTUAL CURRENCY (OR ANY VIRTUAL ITEMS OR SERVICES) DELETION OR ACCOUNT TERMINATION, OR FOR ANY MODIFICATIONS IN THE AMOUNT OF VIRTUAL CURRENCY REQUIRED TO ACCESS CERTAIN VIRTUAL ITEMS OR SERVICES, OR THE REMOVAL OF ACCESS TO VIRTUAL CURRENCY (OR ANY VIRTUAL ITEMS OR SERVICES), OR FOR ANY MALFUNCTIONS AND/OR "BUGS" IN ANY VIRTUAL CURRENCY (OR ANY VIRTUAL ITEMS OR SERVICES).
l. Issuance of Virtual Currency. The Company will be the sole issuing authority for Virtual Currency for the Product and Virtual Currency licensed from the Company hereunder may only be used by registered users of the Product for the redemption of virtual items or services offered in the Product.
9. EXCLUSION OF LIABILITY
a. The Product, Content and Materials are provided for general information only and may change at any time without prior notice.
b. You accept and acknowledge that the Items may contain mistakes, errors and inaccuracies.
c Your use of the Product, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Product suits Your particular purpose.
d. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.
e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.
f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.
g. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.
h. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.
i. for Goods and/or Services sold by third parties via the Product or via Third Party Links (hereinafter "Third Party Goods and Services"):
a. Any digital Goods are delivered immediately. You acknowledge and accept that there are inherent risks with downloading any digital Goods. Please contact Us using the details at the end of these Terms if You experience technical problems regarding delivery of digital Goods.
b. We take no responsibility for Goods that are lost or damaged during delivery.
c. We may choose in Our sole discretion whether or not to replace Goods which are lost or damaged during delivery.
You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.
a. We may immediately terminate these Terms at any time, with or without cause.
b. We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
c. These Terms terminate automatically if we cease to operate the Product for any reason.
d. If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
e. At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the "Exclusions of Liability" clause.
13. ACCEPTABLE USE
a. You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business.
b. You further agree not to use the Product or the Items:
14. VARIATION OF TERMS
a. You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Product following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.
b. You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.
c. In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.
15. THIRD PARTY LINKS
a. You hereby acknowledge that We may from time to time include links or references to other websites, other content or other materials (hereinafter "Third Party Links"), none of which are controlled by Us.
b. You hereby acknowledge that these Third Party Links are provided for Your information only and that We do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at Your own risk.
16. CHANGES TO PRODUCT
a. You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or the Product at any time.
b. You acknowledge, agree and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
c. You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.
17. INTELLECTUAL PROPERTY
a. The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter "Company IP").
b. You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.
c. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
d. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.
e. All of the provisions of this clause in relation to "Intellectual property" shall survive any termination of these Terms.
18. USER REGISTRATION
a. You may be asked to register with Us in order to use or access the Items.
b. If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password ("Identifying Information"). This Identifying Information will allow You to access the Items.
c. You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.
d. You agree that You will not share your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.
e. You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.
f. You acknowledge that providing false or misleading information, or using the Items to further fraud or unlawful activity is grounds for immediate termination of these Terms.
a. Through Your use of the Product or other Items, You may provide Us with some of Your personal information. By using the Product or Items, You authorise Us to use Your information in any country where We operate.
b. We take Our privacy obligations very seriously.
20. REVERSE ENGINEERING AND SECURITY
You agree not to:
a. reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and
b. violate the security of the Items through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
21. GENERAL PROVISIONS
a. Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
I. such notice is properly given if given to the other party:
A. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
A. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
b. No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without Our prior written consent.
c. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
d. No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
e. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.
f. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.
g. Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.
22. CONTACT US
You can contact us about these Terms using the following email: email@example.com
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