Please read these Terms of Use carefully before playing any games.
These terms and conditions (the "Terms") constitute a legal contract between "You" and HINTON WEB DESIGN LLC and any of its subsidiaries and affiliates (collectively, "HINTON WEB DESIGN LLC", "We", "Our").
These Terms of Use govern how you use our services, including accessing games ("Games") developed, operated, or published by HINTON WEB DESIGN LLC, content, materials, or any other web pages, websites, or applications connected and operated by HINTON WEB DESIGN LLC, including HINTON WEB DESIGN LLC Play ("HINTON WEB DESIGN LLC Play"), the HINTON WEB DESIGN LLC Store ("HINTON WEB DESIGN LLC Store"), or any other social networks and online features related to HINTON WEB DESIGN LLC services, and how to properly use materials, content, and software developed and created by HINTON WEB DESIGN LLC.
For convenience, each online service of HINTON WEB DESIGN LLC is referred to as a "Service" or the "Services".
By accessing, downloading, or using any of our Services in any way, including accessing the Services through any third-party platform (including mobile or web platforms, social networking sites, or otherwise), you signify that you have read, understood, and agree to be bound by these Terms, and in jurisdictions where consent from HINTON WEB DESIGN LLC is required to process your personal information, you consent to HINTON WEB DESIGN LLC collecting, using, and storing your information in accordance with its Privacy and Cookie Policy. (All of the above is collectively referred to as "Your Acceptance").
If you do not agree to be bound by these Terms, or if at any time you no longer accept these Terms, you may not use or continue to use the Service.
These Terms require the resolution of disputes through binding individual arbitration. If you are a resident of the United States, these Terms contain a class action waiver and a jury trial waiver. If you are a resident of the European Union or the Russian Federation, please note that in certain circumstances, you may refer a dispute to the relevant authority or court in your country of residence in the Russian Federation or the EU.
1. General Use and Changes
The Service is licensed to you, not sold. HINTON WEB DESIGN LLC grants you a limited, revocable, non-transferable right to access and use the Services.
HINTON WEB DESIGN LLC reserves the right to deny any user access to the Services without prior notice if the user violates these Terms, or, where permitted by law, for any other reason. To the maximum extent permitted by law, you agree that HINTON WEB DESIGN LLC may, at any time, for any reason, with or without notice, and without liability, suspend or terminate the Service (or any of its features or applications) or change the content of the Service.
The Service is intended for users in specific jurisdictions, and users should only use the Service to the extent permitted by applicable law. The Service may not be authorized for use in certain other jurisdictions subject to embargoes or any economic sanctions (as applicable).
If you lack the legal capacity under applicable law to consent to these Terms, you may not use the Service. We may require you to provide proof of age at any time (e.g., we may ask for your month and/or year of birth) or require consent from your parent or legal guardian. Furthermore, if we suspect a user is below the applicable age, we reserve the right to block the user.
HINTON WEB DESIGN LLC may change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Service and notifying you via a banner on the Service or via email based on your account status. These changes will become effective thirty (30) days after posting. Your use of the Service after HINTON WEB DESIGN LLC updates the Terms constitutes your acceptance of all updated Terms; if you do not agree to any updated Terms, you must stop using the Service. Additionally, please note that these Terms may be superseded by legal notices or terms expressly specified on specific features of the Service, which will be provided to you when you use those features. These expressly specified legal notices or terms are incorporated into these Terms and supersede any provisions in these Terms identified as being superseded.
2. Use of the Service
Technical Requirements. Our Services may require you to meet certain minimum technical requirements, which will be adjusted based on the specific provisions and details of the relevant Service. By using and accessing the Service, you acknowledge that you have read and understood the minimum technical requirements necessary to receive the Service.
Network Access. When you access the Service via a mobile network, your network or roaming provider will charge fees for SMS, data, and other services. Your network provider may prohibit or restrict the download, installation, or use of certain Services, and some features of the Service may not be available on your network provider or device.
3. Code of Conduct
By using HINTON WEB DESIGN LLC's Services, you agree not to (or encourage other users to):
Take or permit any action that violates the rules of a third-party platform through which the Service is accessed;
Use false identities or information or create an account on behalf of another person;
Create an account or use the Service if you are a convicted sex offender;
Use the website or Service in any way that violates applicable laws, regulations, or these Terms;
Sell, purchase, trade, or exploit any part of the Service for any commercial purpose (or attempt any of these actions) outside the means prescribed by the game, including but not limited to accounts, virtual currency, and virtual items;
Collect or obtain any information about other users;
Post, request, or link to pornographic, threatening, embarrassing, hateful, racial, ethnic, or religiously insulting, discriminatory, threatening, or hate-based on gender or political views, inciting, deceptive, twisted, defamatory, slanderous, or otherwise inappropriate or offensive material or behavior;
Discuss, promote, or describe any form of child sexuality, abuse, exploitation, or related topics that may cause harm or threaten the safety of children or minors;
Use the functions of the website or Service for any purpose other than their intended use;
Interfere with or disable any security-related features of the website or Service or any part thereof, including any services provided on or through any third-party platform;
Decrypt, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of any part of the Service, including any services provided on or through a third-party platform;
Engage in any other prohibited conduct;
You further represent and warrant that: (a) your country is not subject to any government embargo (including but not limited to those issued by the U.S., EU, UK, and Australia), nor is it designated by any government authority as a "terrorist-supporting" country; (b) you are not listed on any prohibited or restricted parties list.
Any use of the Service in violation of these restrictions is strictly prohibited, may result in immediate revocation of your license, and may subject you to legal liability. To the maximum extent permitted by law, HINTON WEB DESIGN LLC reserves the right to determine what it considers to be a violation of the rules of use or beyond the intent or spirit of these Terms of Use or the Service itself. HINTON WEB DESIGN LLC will decide, at its sole discretion, what action to take, if any, in response to any violation of the above, including terminating your account, banning you from using the Service, and/or notifying the relevant authorities.
4. Disclaimer
The Service is provided on an "as is" and "as available" basis, and we make no representations, warranties, or guarantees that the Service will be uninterrupted, error-free, free of viruses, or that defects will be corrected. You agree that your access to and use of the Service is at your own risk. To the maximum extent permitted by law, HINTON WEB DESIGN LLC, its officers, directors, employees, and agents disclaim all express or implied warranties related to the Service and your use of it, including implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, accuracy, authority, completeness, usefulness, and timeliness. HINTON WEB DESIGN LLC makes no warranties or representations regarding the accuracy or completeness of the content of this Service or any website linked to this Service, and to the maximum extent permitted by applicable law, shall not be liable for:
Errors, mistakes, or inaccuracies in content;
Any personal injury or property damage of any nature resulting from your access to and use of the Service, website, or game;
Any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein;
Any interruption or cessation of transmission to or from the Service;
Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service by any third party;
Any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service and/or website.
5. Limitation of Liability
HINTON WEB DESIGN LLC's cumulative liability to you for any and all claims arising out of or relating to these Terms and the Service, regardless of the form of action, will at all times be limited to the total amount you paid to HINTON WEB DESIGN LLC in the twelve (12) months preceding the date of the claim giving rise to the liability.
In no event shall HINTON WEB DESIGN LLC be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages (including any loss of profits or data) arising from your use of the Service or other materials accessed or downloaded through the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not HINTON WEB DESIGN LLC has been advised of the possibility of such damages. If you are a user residing in the EU or UK, this does not limit HINTON WEB DESIGN LLC's liability for death or personal injury caused by HINTON WEB DESIGN LLC's negligence or actions.
6. Indemnification
To the maximum extent permitted by law, you agree to indemnify and hold harmless HINTON WEB DESIGN LLC, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the "HINTON WEB DESIGN LLC Parties") from any loss, cost, liability, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) your content; (b) your use or inability to use the Service; (c) your breach of these Terms; (d) your infringement of any third party's rights (including any user); or (e) your violation of any applicable law, regulation, or rule. HINTON WEB DESIGN LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify it, and you agree to cooperate with HINTON WEB DESIGN LLC in asserting any available defenses. You agree that the provisions in this section will survive the termination of your account, these Terms, or your access to the Service.
7. Intellectual Property Ownership and License
You acknowledge and agree that all intellectual property rights in our Service and its underlying technology, and all information and content provided through the Service (excluding User Content (as defined below), but including in-game characters, graphics, storylines, sounds, virtual currency, and virtual items) are owned by us and/or our suppliers (including other users).
You further acknowledge and agree that you have no ownership or other property interest in the account, and all rights in the account belong to us.
The Service is protected by copyright laws worldwide. Subject to your compliance with these Terms and any other relevant HINTON WEB DESIGN LLC policies, HINTON WEB DESIGN LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license (subject to the limitations herein) to download, install, access, view, and/or use a copy of the mobile application on a single mobile device or computer that you own or control, solely for your personal, non-commercial entertainment purposes. You may not use the mobile application for any other purpose.
You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works from, reverse engineer, disassemble, decompile, adapt, distribute, transfer, sell, purchase, or exploit the Service or any part thereof or its features or components without our prior written authorization. Furthermore, for any mobile application accessed or downloaded from the Apple App Store ("App Store Sourced Application"), you may use the App Store Sourced Application only (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system); and (ii) as permitted by the "Usage Rules" set forth in the Apple Media Services Terms and Conditions. Unless explicitly permitted by HINTON WEB DESIGN LLC, you may not sell, copy, exchange, transfer, assign, or otherwise distribute any content you copy or purchase from the mobile application. We and our suppliers (including other users) reserve all rights not expressly granted in these Terms. No implied licenses are granted.
8. Governing Law and Arbitration Agreement
These Terms and any action related thereto will be governed by and interpreted in accordance with the laws of the United States. Notwithstanding the foregoing, if you are a resident of the EU or the Russian Federation, please note that in certain circumstances, you have the right to invoke the protections of the laws of the country in which you reside, which cannot be derogated from by agreement.
You hereby agree to a binding arbitration agreement. To the extent that the aforementioned arbitration agreement allows the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Florence, and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Florence. Notwithstanding the foregoing, if you are a resident of the EU or the Russian Federation, please note that in certain circumstances, you may refer a dispute to the relevant authority or court in the Russian Federation or your country of residence in the EU.
9. General Terms
These Terms, together with our Privacy Policy and Arbitration Agreement, constitute the entire agreement between you and HINTON WEB DESIGN LLC regarding your use of our Services and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be illegal, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You may not assign your rights or obligations under these Terms, and any such attempt at assignment or transfer shall be void. We may assign these Terms without restriction.
You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and other applicable laws. You also may not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear weapons, chemical weapons, or biological weapons. You acknowledge and agree that products, services, and technology provided by HINTON WEB DESIGN LLC are subject to U.S. export control laws and regulations. You shall comply with these laws and regulations and shall not, without prior authorization from the U.S. government, directly or indirectly export, re-export, or transfer HINTON WEB DESIGN LLC products, services, or technology to any country in violation of such laws and regulations.
10. Contact Information
If you have any questions about these Terms, please contact our customer service at: [email protected]. We will make every effort to resolve your inquiries.
