The terms of this agreement ("Terms and Conditions" or "Terms") govern the relationship between you (the "Customer" or "you") and Epic Hamster ("Epic Hamster","we","us"), regarding your use of Epic Hamster's games and associated services, including websites, online games available through social-networking services and applications for mobile devices (the "Service").
- You may access the Service via the Epic Hamster Website (the "Site") or other websites where we may decide to offer the Service ("Entry Point Site"), by clicking one of our games icons available on the Entry Point Site, or through any other system supported by the Entry Point Site. When access the Service, we will collect the personal information you have provided to the Entry Point Site (such as your name, e-mail address, postal address, telephone/mobile number, your gender and date of birth) from the account you have with such Entry Point Site.
- If the Service requires you to open an account (an "Account") you allow us to use the personal information you have provided to the Entry Point Site to complete the registration process and personalise your use of the Service. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive, infringes any trademark or other proprietary rights of others, or is used in any way that contravenes these Terms and Conditions. You are entirely responsible for maintaining the confidentiality of your password and Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You must monitor your Account to restrict use by minors and you will deny access to children under the age of 13. You accept full responsibility for any use of your Account by minors. You agree to notify us immediately of any unauthorised use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you will be liable for losses incurred by us or other parties due to someone else using your Account or password. You may not use anyone else's Account at any time.
- Where the Service utilises the account management of a social networking website (such as Facebook or MySpace), or any other third party platform, you are responsible for maintaining the confidentiality of your applicable website password and account, and are fully responsible for all activities that occur under your account.
- You understand, acknowledge and agree that your communications on the Service are not private, personal or confidential, and may be viewed and used by others accessing the Service.
- "Content" on the Service includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from the Service, as well as the design and appearance of our websites.
- Content may be provided by you or third parties, including other users of the Service.
- We do not pre-screen any Content that you and other users may contribute to the Service.
- You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Service.
- We reserve the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in our sole and final discretion.
- To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.
- You are solely responsible for your Content and may be held liable for Content that you post.
Intellectual Property Rights
- Content on the Service is owned by Epic Hamster or Epic Hamster's third party licensors and is protected by international copyright, trade dress, design, patent, and trade mark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
- The Services brands are used under licence from Epic Hamster. All other trade marks, service marks and trade names associated with the products or services that appear on the Service are the exclusive property of the respective owners, in law and equity. We grant no copy to use these materials.
- Content is made available to you for use on a non-commercial entertainment basis only. You may not copy or download any Content from the Service unless you are expressly authorised to do so by us.
- You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices affixed to Content. You may not sell, license, sub-license, rent, lend, distribute, transmit, communicate, broadcast, copy, reproduce, modify, adapt, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of Content. Epic Hamster reserves all rights in Epic Hamster-owned and licensed Content that are not expressly licensed to you in these terms and conditions.
- You are not authorized, except if you have our specific written agreement, to make any copy of Content found on the Service. Making unauthorised copies of Content found on the Service may result in the termination of your account, prohibition of your use of the Service, and further legal action. Content owners may also take criminal or civil action against you for unauthorised use of their intellectual property.
Contributing Third Party Content to the Service
- We respect the intellectual property rights of others. You must not upload or post any Content on the Service that is protected by copyright, trade mark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content and by uploading Content you warrant to us that you have obtained all necessary rights, clearances and permissions in respect of that Content.
- We may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party.
- If you are a repeat infringer of any intellectual property rights, we may terminate your Account without notice to you.
- If your Account is terminated as described above, you are not entitled to a refund for any monies (including in exchange for the License) you have paid, and you will lose access to entitlements and assets associated with your Account (such as the License).
Contributing Your Own Content to the Service; License Grant to Epic Hamster and Others
- In exchange for our enabling your contribution of Content, when you contribute Content to the Service, you expressly grant to us a non-exclusive, perpetual (i.e. lasting forever), worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.
- You grant Epic Hamster all licenses, consents and clearances to enable us to use such Content for such purposes.
- You waive, and agree not to assert any moral or similar rights you may have in such Content.
Rules of Conduct
Offensive content and disrupting behaviour - You may not:
- Harass, threaten, embarrass, insult, or do anything else to another user of the Service, or a Epic Hamster employee, that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing of third party rights, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting (all caps) in an attempt to disturb other users, "spamming" or flooding (posting repetitive text).
- Impersonate another person (including celebrities), indicate falsely that you are an employee or a representative of Epic Hamster or its subcontractors, or attempt to mislead users by indicating that you represent Epic Hamster or any of Epic Hamster's associated companies, partners or affiliates.
- Improperly use in-game support or complaint buttons or make false reports to us.
- Interfere with the ability of others to enjoy using the Service or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
- Have an Account or use the Service if you have previously been removed by Epic Hamster, or previously been banned from playing any Epic Hamster game.
- Attempt to get a password, account information, or other private or personal information from anyone else on the Service.
- Post or communicate any player's real-world personal information using the Service.
Illegal content and activities - You may not:
- Post, transmit, promote, or distribute Content that is illegal.
- Promote or encourage any form of illegal activity whatsoever including (by way of example) hacking, drug taking, terrorism, cracking or distribution of counterfeit software.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Upload or otherwise cause the distribution of any so-called "malware" now known or hereafter devised including computer viruses, computer worms, Trojan horses, rootkits, spyware, dishonest adware and other malicious and unwanted software.
Commercial activities - You may not:
- Use the Service in the furtherance or promotion of commercial activities.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
Unauthorized use of the Service - You may not:
- Use the Service in order to design or assist in the design of cheats or use cheats in relation to the Service.
- Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Modify any part of the Service, including, but not limited to our games and websites, that we do not specifically authorise you to modify.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service.
- Use and communicate exploits to gain unfair advantage in a game.
- Attempt to use any software owned or controlled by us or our subcontractors on or through any service other than the Service.
- Fake your geographical location, with the use of proxies or any other systems, for any reasons, including, but not limited to, getting access to territory restricted Content or territory specific Content pricing.
You may not create an Account or access the Service if you are a convicted sex offender.
You must also obey all relevant national and local laws, regulations and rules that apply to your activities when you use the Service. Epic Hamster reserves the right to terminate your Account and to prevent your use of the Service if your Account is used to engage in illegal activity or if you breach any of these terms and conditions, including those set out above.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity using the help@EpicHamster.com email address.
Software, Utilities and Tools
- The Service may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer ("Client Software"). Epic Hamster grants to you a non-exclusive (i.e. we may grant this permission to other parties), limited license to use Client Software solely for the purpose stated at the time the Client Software is made available to you. You may not sub-license, grant others the permission to use, or charge others to use or access Client Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Client Software.
- You may not modify the Client Software or use it in any way not expressly authorised in writing by us.
- You understand that various technologies may not be consistent across all platforms and that the performance of the Client Software and the Service may vary depending on your computer and other equipment.
- From time to time, we may provide you with updates or modifications to the Client Software. You understand that certain updates and modifications may be required in order to continue to use the Client Software and the entirety, or some components, of the Service.
Export Control Laws
- The Client Software may be subject to international export controls. By downloading the Client Software, you warrant that you are not located in any country, or exporting the Client Software to any person or place to which the European Union, or any other jurisdiction has embargoed goods.
- You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Client Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorisation.
- You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorisation, including, but not limited to, certain types of encryption software.
- The assurances and commitments in this Section shall survive termination of these terms and conditions.
Fees and Purchases Terms
You may purchase, in the Service, a limited license (the "License") to access and select from Content that we expressly make available as part of the Service. You may also obtain such a License by redeeming third party virtual currencies, such as Facebook Credits.
You understand that while you may "earn" or "buy" i) virtual currency, including but not limited to coins, or stars ; or ii) virtual in-game items (with or without virtual currency), you do not in fact "own" the virtual items. The amount of any virtual item, or any virtual currency, does not refer to a credit balance or real currency. Rather, you may purchase a limited license to use the Service and access some specific Content.
If you purchase Facebook credits from Facebook, Epic Hamster is not a part of the transaction and you have to agree to Facebook's Payment Terms.
- The License can be purchased via the Service. We may also award the License in connection with promotions and as part of the Service activities, in which case please note that additional terms and conditions may apply.
- When you purchase the License for some virtual items, or other goods or services, you agree to pay taxes that we assess on your purchase.
- The License has no monetary value outside of the Service and does not constitute currency or property of any type.
- The License can be used to select and access only some specific Content that we make expressly available from the Service.
- The License cannot be sold or transferred, and cannot be exchanged for cash. The License is non-refundable. You are not entitled to a refund for any License which is unused at the time your Account is deactivated for any reason.
- Use and Expiration of the License
- You have the right to redeem the License for selected Content.
- We do not guarantee that any specific Content offered as part of the Service will be available at all times or at any given time. We do not guarantee that we will continue to offer this specific Content for any particular length of time.
- We reserve the right to change and update our inventory of Content that may only be accessed with the License without notice to you.
- Once you -- or we as set forth below -- have redeemed the License for Content, that Content is not returnable, exchangeable, or refundable for the License or for cash, or other goods or services.
- Epic Hamster prohibits and does not recognise any transfers of the License effectuated outside the Service, or the sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorised by Epic Hamster in advance in writing. You may not trade, sell or try to sell the Content, or the License, for "real" money or exchange them for value of any kind outside of the Service. Any such transfer will be void and your Account will be terminated.
- Purchase Process
- To purchase the License, (i) follow the Service instructions on the applicable website (ii) sign into your Account if required (or create an Account if required); (iii) provide your billing or other relevant payment information; and (iv) confirm the details of what you are purchasing and that you have read and accepted these terms and conditions (and any other relevant terms and conditions).
- You agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date and other payment details).
- If you decide to purchase subscription-based services on the Service (to the extent available), you agree to pay all subscription fees you incur plus all applicable taxes.
- Please note that additional terms and conditions may apply to subscription-based services.
- We may provide links in the Service to third party vendors who may invite you in a promotional offer in return for the License. Epic Hamster makes no representation or warranty regarding any content, goods, or services, provided to you by any third party and will not be liable for any claim relating to any third party content. The linked sites are not under Epic Hamster's control, or responsibility, and may collect data or personal information about you. Epic Hamster is not responsible for these services.
- Service Content Pricing
- The price payable by you (the "Price") is the price indicated on the applicable webpage for the relevant paid-for Content. If you are resident in Europe, the Price includes any applicable VAT.
- We reserve the right to change the Price and specifications shown in relation to the Service.
- If the price or specification published on the applicable webpage for the Service is materially incorrect when you place an order for those products or services and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.
- You may pay for the License either by credit card or by using the services of any alternate billing and payment provider (which, for example, may include PayPal and Boku) that we identify on the Service. If you pay for the License by credit card, then you must supply your credit card details when you place your order. In addition, you may obtain the License by completing various third party offers, or by submitting a PIN code that will be distributed either directly by Epic Hamster or via a third party partner.
- We will not supply any products or services to you until your credit card issuer or alternative billing and payment provider has authorised the use of your card or other applicable method for payment. If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party provider's terms & conditions, which are available from the provider.
- You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. Costs associated with accessing the Service depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.
- Cooling Off Period
- The License is available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from us, you have the right to withdraw from your purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period").
- However, please note that you will lose your right of withdrawal if the performance of the services has begun before the end of the Cooling Off Period. Accordingly, please note that if you purchase the License from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.
- License Availability
- The License may only be held by legal residents of countries where access to and use of the Service is permitted. The License may be purchased or acquired only via the Service. We reserve the right to refuse your request(s) to purchase and/or acquire the License, and we reserve the right to limit or block any request to purchase and/or acquire the License for any reason.
Cancellation and Suspension
We can cancel or suspend your access to the entirety or some parts of the Service, or your Account, in our sole discretion and without prior notice, if (a) you fail to comply with these terms and conditions; or (b) we otherwise suspect fraud or misuse of the Service, or any other unlawful activity associated with an account membership registered to or used by you.
While, we don't have any current plan to do so, as of June 2013, we also reserve the right to cancel your Account if left dormant for more than 18 months.
You may lose your user name and persona as a result of Account suspension, cancellation or termination (under 12 below), as well as any License, redeemed or not, benefits, privileges, and any Content relating to your use of the Service, and Epic Hamster is under no obligation to compensate you for any such losses or results.
Termination of Services
You agree that we may stop support the Service, or any of its components, at any time, without any liability to you. If we stop supporting the Service, we will provide at least sixty (60) days advance notice to you by posting a notice on the home page of the Service.
Language of the Terms and Services
These terms and conditions are written in English. The translation of these terms and conditions is made with the sole aim of facilitating understanding. In case of difference between the English and any translated version, the English text will prevail.
The English terms and conditions can always be found at http://www.EpicHamster.com/tac/.
Updates to the Service
IMPORTANT: WE MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE SERVICE. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. WE RESERVE THE RIGHT TO MAKE THESE UPDATES AND ARE NOT LIABLE TO YOU FOR THESE CHANGES.
HOWEVER, PLEASE NOTE THAT, WHILE WE ARE NOT LIABLE, WE RESERVE THE RIGHT TO OFFER A SUBSTITUTE LICENSE IN THE SERVICE IN THE EVENT THAT ANY UPDATE OR CHANGE TO THE SERVICE CAUSES YOU TO SUFFER A SETBACK IN RELATION TO ANY ASPECT OF THE SERVICE FOR WHICH YOU HAVE REDEEMED THE LICENSE.
Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, CLIENT SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, CLIENT SOFTWARE, Epic Hamster'S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Epic Hamster OR ITS LICENSORS (INCLUDING MEMBERS OF THE Epic Hamster GROUP OF COMPANIES) IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT.
YOU ACKNOWLEDGE AND AGREE THAT Epic Hamster, ITS LICENSORS (INCLUDING MEMBERS OF THE Epic Hamster GROUP OF COMPANIES) AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF THE CLIENT SOFTWARE.
IN NO CASE SHALL Epic Hamster OR ITS LICENSORS (INCLUDING MEMBERS OF THE Epic Hamster GROUP OF COMPANIES), AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "Epic Hamster AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID FOR THE SERVICE. IN NO CASE SHALL Epic Hamster OR Epic Hamster AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE CLIENT SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ACCOUNTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, Epic Hamster'S AND Epic Hamster AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. Epic Hamster DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Notwithstanding the foregoing, nothing contained in these terms and conditions limits Epic Hamster's (or any Epic Hamster Affiliates]) liability to you for fraudulent misrepresentations, death or personal injury caused by their negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
Epic Hamster will not be held responsible for any delay or failure affecting the Service, or parts of the Service, resulting from causes outside Epic Hamster's reasonable control, including, but not limited to, acts of war, terrorism, riots, embargoes, strikes, network or infrastructure failure, decisions of authorities, floods, fires, or any other natural, or man-made, disaster or accident.
Links to Third-Party Sites
The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Epic Hamster does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
- Remedies. You agree that, other than where expressly stated, these terms and conditions are not intended to confer, and does not confer, any rights or remedies upon any person other than you the consumer.
- Severability. If any part of these terms and conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
- Waiver. If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.
- Governing Law: We will use our reasonable efforts to resolve any disputes over these terms and conditions. If you wish to take court proceedings against us then these terms and conditions will be governed by and construed in accordance with the laws of Poland and any disputes arising in connection with these terms and conditions will be subject to the exclusive jurisdiction of the courts of Poland. These terms and conditions are available in English only.
Reservation of Rights
Epic Hamster reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any contravention of these terms and conditions. Our failure to enforce these terms and conditions in every instance in which we are to do so entitled does not amount to a waiver of Epic Hamster's rights.
You acknowledge and agree that by clicking the "buy" (or similar) button when you place any order of the License, you are placing a legally binding offer. You consent to: (i) the use of electronic communications to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online.
You have the right to withdraw this consent, but if you do, we may cancel your access to the Service. If you do not consent to receive any notices electronically, you must stop using the Service. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.