TERMS OF SERVICE
Last updated: May 28, 2021
In case you play Hypemasters, Inc.’s Games (the “Game”) or use the Website, you consent that you have read, understood, and agreed to these Terms of Service and that you undertake to comply with it and be responsible in case of their violation.
These Terms of Service regulate the relations between you as the user of the Game and the Website and the Service Provider Hypemasters, Inc. which is the owner of the copyright in the Game and the administrator of the Website.
TERMS AND DEFINITIONS
Words and phrases used in these Terms of Service have the following meaning unless otherwise is expressly specified hereinafter:
Terms of Service means the text of this document including all its annexes, supplements, and amendments. The Terms of Service are shown to the User at the beginning of installation or actual use of the Game and are accessible on the Website.
Acceptance of the Terms of Service means the actions of the User which show the User’s consent of the Terms of the Service and after which the agreement between the User and the Service Provider is deemed to be concluded on the exact conditions of the Terms of Service.
Agreement means the agreement that is deemed to be concluded between the User and the Service Provider on the conditions of the Terms of Service at the moment when the User accepts the Terms of Service.
Service Provider means Hypemasters, Inc. (for more information about the Service Provider, see clause "The requisites" of the Service Provider of the Terms of Service).
User means a person who accepted these Terms of Service with the Service Provider in order to use the Game.
Game means the software in the form of a mobile game developed and published by the Service Provider. The Game consists of the Game Client which shall be installed on the Device, and the part of the Game with remote access via the Internet. The Game Client shall be downloaded via the Application Store. The part of the Game with remote access is located on the servers of the Service Provider.
Game Client means software essential for the use of the Game which is distributed via the Application Store and which shall be installed on the Device.
Application Store means application stores via which the User can download the Game Client and purchase In-Game Objects (i.e., Google Play Store, App Store). The Service Provider may further make the Game available in other Application Stores.
Promo Code means a certain sequence of symbols that allows getting a certain number of In-Game Objects in case of the activation of the Promo Code.
Device means a mobile phone, computer, smartphone, tablet, another device allowing to use the Game according to its functionality.
Account means a personal section of the Game, to which the User gets access after the registration or logging in. The Account is intended for keeping the personal data of the User and for managing the accessible options of the Game. The User may play the Game without an Account.
Content means any information materials, including texts, graphics, audio-visual and other materials. The actual use of the Game grants the User access to the Content of the Game.
In-Game Objects mean virtual objects in the Game which can be purchased by the User for the price provided by the Service Provider. These objects include in-game currency, items kits (“cases”), weapons, etc.
Website means the Service Provider’s website at https://www.hypemasters.com/.
THE MOMENT OF ACCEPTANCE OF THE TERMS OF SERVICE
The User accepts the Terms of Service by inputting the choice to accept them in the Game, or by using the Game or accessing the Website. At the moment of acceptance, the Agreement embodying all of the conditions of the Terms of Service is deemed to be concluded between the User and the Service Provider. In case the User does not agree with the Terms of Service, the User shall immediately stop using the Game and delete the Game Client from the Device of the User or immediately stop using the Website.
Acceptance of the Terms of Service means that the User confirms that the User has reached the appropriate age to have sufficient legal capacity to accept the Terms of Service under applicable law. If the User has not reached the appropriate age or does not have sufficient legal capacity to accept the Terms of Service, the Terms of Service may be accepted by the User’s legal guardian, otherwise, the User shall stop using the Game and delete the Game Client from the User’s Device or stop using the Website.
From the moment of accepting these Terms of Service, the Service Provider grants the User the right to use the Game in the current version under the terms of a simple (non-exclusive) license on the territory of all countries of the world during the term of the Agreement.
The User has the right to use the Game within the limits permitted by the Service Provider, namely:
Reproduce the Game Client by installing it on Device;
Use the Game for entertainment purposes, for which the User has the right to:
Create and delete an Account;
Use the software capabilities of the Game to achieve the result determined by the gameplay of the Game, free of charge;
Purchase In-Game Objects for the price set by the Service Provider and use them to achieve the result determined by the gameplay of the Game;
Use the Game to participate in e-sports events, provided that the e-sports event is held with the consent of the Service Provider;
Use the Game in other ways permitted by the Service Provider in these Terms of Service.
The User has no right to independently or with the involvement of third parties:
Copy (reproduce), in any form and method, the computer programs and databases included in the Game, including any of their elements and information materials, without obtaining the prior written consent of the Service Provider.
Emulate, decompile, disassemble, decrypt, reverse engineer and perform other similar actions with the Game that allows the User to access the source code of the Game or to change it.
Create software products and/or services using the Game and its elements without obtaining the prior consent of the Service Provider.
Delete or in any way modify the trademarks and copyright notices and any other rights included in the Game.
Distribute for commercial or non-commercial purposes the Game Client or its copies in any way.
Distribute for commercial or non-commercial purposes In-Game Objects and other intellectual property from the Game without permission of the Service Provider.
Use the Game in ways that are not provided in these Terms of Service and which are beyond the normal gameplay.
Use or copy the Game’s title, characters, texts, audio and video materials or any other intellectual property contained in the Game for purposes other than the use of the Game in accordance with clause "License" of the Terms of Service.
The rights to use the Game are provided to the User free of charge. The User also has the right to purchase access to the In-Game Objects. Certain In-Game Objects specified by the Service Provider in the Game itself or otherwise may be available to the User free of charge.
As the Game is a multiplayer game, to access the Game’s features in full, the User shall have a stable Internet connection.
The Service Provider is not liable for any impediments in the use of the Game arising out of problems with the Internet connection.
The Service Provider has the right to use various technical means to prevent the User’s use of software designed to hack the Game ("cheats", "hacks"). The choice of such technical means is carried out by the Service Provider independently and is not subject to agreement with the User.
The Service Provider has the right to set limits on the extent and composition of information materials entered by the User in the Game, as well as provide other technical restrictions on the use of the Game, including setting the rules of the Game’s use unilaterally. Users will be notified from time to time about the new restrictions in the form and method chosen by the Service Provider.
The Service Provider has the discretion to determine the list of information services and related functionality available within the Game. The Service Provider may change this list from time to time.
The User has no right to carry out transactions in relation to his Account and sell it to other users of the Game without the prior written consent of the Service Provider.
Transactions of In-Game Objects between the User and other users of the Game are possible only with the consent of the Service Provider. The Service Provider’s consent can be expressed in the form of organizing the technical capability for such transactions within the Game.
ACCESS TO THE IN-GAME OBJECTS
At the request of the User, the Service Provider may provide the User with access to In-Game Objects.
In-Game Objects are part of the Game and are accessible only in case the User purchases them for the price set by the Service Provider, excluding the cases where the In-Game Objects are provided to the User by the Service Provider free of charge. The Service Provider unilaterally determines the types and content of In-Game Objects.
The In-Game Objects become visible in the Game if after payment of the price set by the Service Provider, or after the Service Provider provides them to the User in case, they are supplied free of charge.
The price for purchase of the In-Game Objects is determined by the Service Provider unilaterally and is specified in the Application Store or the internal store of the Game. The Service Provider can unilaterally change the price at any time without prior notice to the User.
Access to In-Game Objects is provided for a period established by the Service Provider unilaterally and may be terminated by the Service Provider without giving any reason and without refunding the money paid.
The Service Provider provides the User with access to In-Game Objects only if the User pays the price in full. At the same time, before receiving confirmation of payment in full, the Service Provider has the right not to provide the User with access to In-Game Objects, or provide them in a limited amount.
In case of problems with access to the purchased In-Game Objects, the User can contact the Service Provider’s support team at firstname.lastname@example.org or through the Service Provider’s social networks.
THE PAYMENT TERMS AND REFUNDS
Payments are made by the User by transferring money in favour of the Service Provider via Application Store.
The Service Provider is not the person administering the Application Store monetary transactions. Purchases of the In-Game Objects are made via the Application Store and are subjects to the terms of the Application Store.
Refunds for purchases of In-Game Objects are governed by the terms of the Application Store and cannot be made by the Service Provider. In case the User wants to request a refund for a purchase of In-Game Objects, the User can contact the operator of the Application Store.
Purchase of In-Game Objects is the implementation of the User’s own will. All purchases made using the User’s Device are considered to be made by the User independently, regardless of who initiated the purchase using the Device. The Service Provider is not obliged to make a refund in cases where access to In-Game Objects was acquired using the User’s Device by another person without the User’s consent.
THE USE OF THE PROMO CODES
The Service Provider may from time to time issue the Promo Codes allowing the User to receive the In-Game Objects at a discount price of free of charge.
The User can activate the Promo Code received from the Application Store or another partner of the Service Provider to purchase In-Game Objects specified in the Promo Code.
After activating the Promo Code, In-Game Objects specified in the Promo Code will become available in the User’s Account or in the Game if the User preferred to use the Game without an Account. Activation of the Promo Code in Game completely redeems it.
Promo Codes are valid for a year from the date of receipt by the User, if not specified otherwise by the Service Provider or the Service Provider’s partners. After this date, Promo Codes become invalid for activation and cannot be returned.
Promo Codes cannot be replenished by the User or exchanged for cash.
Promo Codes can be activated only in the Game. Promo Code does not give the User any rights in relation to other Game, software products or services of the Service Provider.
To activate Promo Codes effectively, the User may need to update the version of the Game installed on the Device. The Service Provider is not responsible for the cases when the User cannot activate the Promo Code due to failure to update the version of the Game or comply with other technical conditions for using the Game.
To promote the Game and provide the Users with the information on it, the Service Provider maintains the Website at https://www.hypemasters.com/. This section of the Terms of Service details certain conditions of the use of the Website by the User. Other provisions of the Terms of Service apply to the use of the Website in full unless specified otherwise.
Access to the Website. The Service Provider may put the access to the Website or its certain functions under certain conditions, such as registration, enabling the use of necessary “cookie” files, checking the User’s browser for safety reasons. The Service Provider is not liable for the inability of the User to access the Website (see section “Responsibility”).
Use of information from the Website. If the User fulfils all the obligations set forth in these Terms of Service pertaining to the Website, and unless otherwise specified, the User has the right to view, copy, print, and distribute (without modification) the information contained on the Website, if such use of the information is carried out exclusively for informational, non-commercial purposes and subject to the preservation of all copyright, related rights, trademarks, and other notices of authorship.
The User may not copy or use any software, copyrighted processes, or technologies implemented or described on the Website. The User may not use the names or logos of "Hypemasters" without the prior written consent of the Service provider. The content of the Website is provided by the Service Provider unless otherwise specified. The Website and its contents are protected by the laws of the United States of America. All rights not expressly granted in these Terms of the Service belong to the Service Provider and its licensors. When using the Website, the User must comply with the requirements of applicable law.
CODE OF CONDUCT
We offer the Users a safe experience with our Games and the Website. This is especially important to the Service Provider, as the minors may access the Game or the Website. To provide the Users with a safe experience, the Service Provider has set the following rules.
The User may only use the Game or the Website for lawful and intended purposes. The User may not use the Game or the Website in a manner that violates any applicable law or regulation.
The following is a non-exhaustive list of prohibited actions that may lead to an investigation by the Service Provider’s employees as well as the termination of the Agreement with the User who violates these rules:
Creation of an Account with false data (email address, date of birth, etc.).
Creation and use of inappropriate username or avatar. This includes, for example, the use of names and images that:
contain profanity, sexual references or expressions of a hostile mood on any grounds, condoning terrorism, fascism, child abuse; or
have a religious or political connotation, or could potentially lead to controversy or disagreement.
Impersonating any user or our representatives. This includes, for example:
creating an Account that closely resembles another existing Account or user, with the purported intent to impersonate such other user without his / her consent;
posting comments or creating an Account that leads other users to believe that they come from our representative or from someone with similar authority.
Harassment, intimidation of Users and/or the Service Provider’s representatives (i.e. our employees, members the Game’s or the Website’s community (moderators, star players, testers, etc.)) through any form of communication (including, for example, through the in-game chat or via voice chat and communication), on any medium in the Game or the Website. This includes, for example:
trolling (placing intentionally controversial posts or posts off-topic with the intention to provoke other users),
flaming (constantly insulting others),
spam (posting meaningless or irrelevant messages, or the same or similar messages over and over again),
use of language or content that is inappropriate, illegal, dangerous, threatening, offensive, abusive, obscene, obscene, vulgar, defamatory, personal, hateful, racist, sexist, homophobic, transphobic, ethically offensive, or harassing.
Threats to minors, as well as any unacceptable actions in relation to minors, including:
grooming (encouraging users to commit unacceptable or illegal actions in the Game or the Website or outside of it);
any commenting, personal message, user materials related to inappropriate behavior towards minors, including, for example, physical or sexual violence, pornography or any other offensive content;
any other actions or comments listed in the Terms of Service that are directed at minors or concern them.
Using any means not expressly authorized by us to collect or intercept data from other Users within the Game or the Website. This includes, for example:
phishing (an attempt to obtain from any user personal information, information about the Account or other information of a private nature);
doxing (disclosure or other reproduction or provision of personal information of another user to someone);
online tracking (theft or interception of data by capturing network traffic).
Use of any element that violates our or someone else's Intellectual Property Rights or other rights.
AGE RESTRICTIONS AND ACCESS BY THE MINORS
If you are a minor under the laws of your country of residence, you should review these Terms of Service with the assistance of your parent or guardian.
If you are a parent or guardian, we recommend that you monitor the play and web activities of your children, in particular, online, and become familiar with the parental control options that may be provided by us and/or our partners.
We may restrict access to the Game or the Website based on age, and minors under a certain age may be allowed to access the Game or the Website only with the consent of their parent or guardian. The age rating for the Game is specified by the Service Provider in the Application Store.
To the extent permitted by law, we do not accept any responsibility for any act that may be committed by minors without the permission of their parents or legal guardians. In all cases, any use of the Game or the Website by minors is the responsibility of their parents or legal guardians. If you are a parent or legal guardian and give your child permission to use the Game or the Website, you thereby agree to the Terms of Service regarding your child's use of the Game or the Website
The Game and the Website are provided on an "as is" basis, therefore, the User is not provided with any warranties or representations, express or implied, that the Game or the Website will meet the User's requirements; will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Game will be accurate and reliable; all bugs in the Game will be fixed; will be secure, free of viruses or malicious code. The Service Provider makes no representations, express or implied, and makes no warranties with respect to the information contained in the Game or the Website. Without limiting the foregoing, the Service Provider hereby disclaims all implied warranties, including those of merchantability, title, fitness for a particular purpose, non-infringement of third-party rights, compatibility, security, and accuracy.
The Game or the Website may contain links or give access to the sites, resources, or utilities operated by third parties. Without limiting the meaning of the above, the Service Provider does not make any direct or indirect representations or warranties regarding such sites, resources, or utilities. Third-party links posted on the Website do not imply our support or approval of these links.
The above disclaimers and limitations of liability apply not only to the Service Provider but also to its employees.
If the applicable law does not allow the above disclaimers and limitations of liability to apply to the relations between the User and the Service Provider in whole or in part, the disclaimers and limitations will only apply to the extent permitted by applicable law.
Since the Game and the Website may be updated and new functionalities are added to them, the form, nature or the Content of the Game or the Website may change from time to time without prior notice to the User. The Service Provider has the right, at its sole discretion, to terminate (temporarily or permanently) support and/or provision of the Game or the Website or their individual elements to Users, including In-Game Objects.
The User is responsible for any violation of the Agreement, including the ones provided by the applicable law, as well as for all consequences of such violations (including any losses that the Service Provider and other third parties may incur). In case of such a violation, the Service Provider has the right to block or delete the User's Account or otherwise restrict the use of the Game by the User without any compensation.
The Service Provider is not in any way connected with the information or materials provided by the Users in the Game or the Website, and does not verify authenticity and safety of such information and materials or their components, as well as its compliance with the requirements of applicable law, and whether the Users have the necessary amount of rights to distribute and/or use it. The User who created the information or materials and/or added them to the Game or the Website is solely responsible for the compliance of the Content with the requirements of applicable law.
The User hereby agrees to protect, indemnify, and hold the Service Provider and its partners, third-party suppliers and providers, our network members, licensors, officers, directors, employees, distributors, and agents harmless from any damages, losses, liability, penalties, settlements, and expenses (including expenses and reasonable attorneys ' fees) in connection with any claims or actions that (a) arise from any actual or alleged violation of the Agreement by the User; (b) arise from the provision of incomplete or inaccurate information in the subscription forms in the Game or on the Website; (c) arises from the use of any third-party websites or services by the User; or (d) otherwise arises from or relates to the use of the Game or the Website by the User.
The User agrees to provide the Service Provider with written notice in the event of any such claims or actions. In addition, the User acknowledges and agrees that the Service Provider has the right to claim damages when the User uses the Game or the Website for illegal purposes, in an illegal manner, or in a manner inconsistent with these Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental, coverage, reliance, and/or consequential damages. If the Service Provider is required to respond to a third-party claim or a law enforcement request or court order that is related to the use of the Website by the User, the Service Provider may, in its sole discretion, require the User to reimburse the Service Provider for the reasonable expenses related to the production of the claim or request.
If a violation of the User’s right and/or interest regarding the use of the Game or the Website occurs, including the case when another User enters inappropriate information or materials in the Game or the Website, the User should inform the Service Provider about it. To do this, the User shall send a written notification to the Service Provider, a detailed statement of the circumstances of the violation and the right and/or interest to use of which is violated.
Regarding the liability established by law for posting and providing access to illegal Content, the Service Provider reserves the right to remove any Content from the Game or the Website or restrict access to them unilaterally.
The Service Provider reserves the right to prosecute violators of exclusive rights on the Game and the Website and/or on added (posted) Content in accordance with applicable civil, administrative and criminal laws at its sole discretion.
In any event, the User agrees to refrain from:
sales and/or other commercialization of the Game or the Website materials;
use of the Game or the Website in any way that may cause damage to the Game or the Website;
use of the Game or the Website in violation of applicable laws and regulations, or in a manner that causes or may cause harm to the Service Provider or any individual or entity.
Duration of the Agreement. The Agreement enters into force at the moment specified in clause "The moment of acceptance of the Terms of Service" of the Terms of Service and remains valid for the entire period of use of the Game or the Website by the User.
Invalidity. If one or more of the provisions of the Agreement are invalidated by an effective court decision on a dispute between the User and the Service Provider, the remaining provisions of the Agreement will remain in force for the User and the Service Provider.
Modification of the Terms of Service. The Terms of Service may be amended by the Service Provider unilaterally without prior notice to the User and without payment of any compensation in this regard. Changes come into effect at the moment when they are posted on the Website or in the Game. The amendments made to the Terms of Service automatically amend the Agreement. The Service Provider has the right to terminate the Agreement unilaterally.
Termination initiated by the Service Provider. In case of termination of support of the Game or the Website or in case the User violates any term of the Terms of Service, including the one-time violation, the Service Provider has the right at any time to terminate the Agreement with the User unilaterally and restrict User’s access to the Game, including to the In-Game Objects, or the Website. Under this paragraph, the Service Provider will not provide a refund to the User and will not compensate any losses.
Termination at the initiative of the User. The User has the right at any time to terminate the Agreement with the Service Provider unilaterally without notifying the Service Provider by deleting the Account or/and the Game Client from the Device or discontinuing the use of the Website. In these cases, the access to the In-Game Objects may be restricted without the right to restore. In case of termination of the Agreement at the initiative of the User, the Service Provider will not provide a refund to the User for the purchase of In-Game Objects and will not compensate for any losses. Unilateral termination of the Agreement by the User does not release the User from liability for violations of this Agreement committed during the period of its validity.
Applicable law. The Agreement, as well as the procedure of its conclusion and execution and issues not regulated by this Agreement, are governed by the current legislation of the State of Delaware (US).
Dispute Resolution. All disputes under the Agreement or in connection with it are to be referred to the court at the location of the Service Provider and resolved in accordance with the current procedural law of the State of Delaware (US).
THE REQUISITES OF THE SERVICE PROVIDER
8 The Green, Suite #7772, Dover, DE 19901