Terms of Use

This Terms of Use Agreement (the "Agreement") is a binding contract between you and Hyper Awesome Entertainment, LLC. ("HAE") It describes the conditions under which HAE licenses the information on this website for your use. By utilizing this website and/or games, you acknowledge that you have understood and agree to be bound by the terms of this Agreement.

Intellectual Property

The software, images, moving pictures, text, and other works on this website (the "Intellectual Property") are copyrighted works protected by law. You agree not to modify, distribute, copy, create derivative works from, license, reverse engineer, translate, publish, or perform the Intellectual Property, or transmit the Intellectual Property to a third party. You agree that you hold no property rights to nor other rights to in-game currency, items, or other virtual goods.

Personal Utilization

You agree that you will utilize this website only for your personal enjoyment, and not for any commercial purpose. HAE grants you a limited license to utilize the Intellectual Property on your home computer only via a standard web browser solely for the purpose of personal entertainment. You consent for HAE to contact you via the personal email address you provide.

Submissions

You may choose to submit information including but not limited to text, images, suggestions, moving pictures, or other files to this website or to HAE via email. By choosing to do so, you agree that you grant a permanent worldwide license to HAE to utilize, license, transmit, store, modify, make derivative works of, copy, display, translate, publish, and perform such information. Furthermore, by submitting such information you warrant that you have the right to submit and license to HAE such information and that to the best of your knowledge the information does not violate any intellectual property law or infringe on any third party's rights.

Modification

HAE may modify the terms of this Agreement from time to time. You agree that when using this website you will review this Agreement periodically but in no event less than every thirty (30) days, and that continued use of this website constitutes binding acceptance of any such changes.

Code of Conduct

When utilizing this website you will interact with other people. Your license to utilize this website and the Intellectual Property is conditioned upon your adherence to the following code of conduct while using this website and the games on this website. Specifically, you agree that you will not:

  • Violate any law or known local standard of decency;
  • Defame, insult, stalk, threaten, or harass any person;
  • Upload or share any materials to which you do not have appropriate the legal rights;
  • Use inflammatory, racist, homophobic, sexist, or violent speech; or
  • Impair or threaten to impair the security of anyone's computer equipment by uploading, installing, or otherwise utilizing viruses, trojans, keyloggers, memory editors, brute force attacks, DOS attacks, botnets, or other such programs or devices.

Warranties

THE INTELLECTUAL PROPERTY AND GAMES ON THIS WEBSITE ARE PROVIDED "AS IS" AND MAY EXPERIENCE OUTAGES AND ERRORS.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, HAE DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM COURSE OF DEALING OR PERFORMANCE.

Limitation of Liability

HAE'S LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE FEES PAID TO HAE FOR USE OF THE GAMES ON THIS WEBSITE.

IN NO EVENT WILL HAE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) EVEN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

HAE may terminate your license to use this website or its games at any time.

Miscellaneous

Any rights not explicitly granted to you under this Agreement are reserved by HAE.

The failure of any individual or entity to seek redress for violation, or to insist on strict performance, of any covenant or condition of this Agreement shall not (i) prevent a subsequent act which would have constituted a violation from having the effect of an original violation or (ii) excuse strict performance of such covenant or condition in any subsequent case.

This Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Delaware without regard to principles of conflicts of law.