Terms of Service(“TOS”)

Last updated Match 7th, 2023

A quick summary:

1. These are the legally binding terms of services (“TOS”) for Happywhot’s games, websites, forums and other related services (collectively “Services”).

2. You are given a personal license to use and/or play and access our Services it, but Happywhot owns and continues to own all rights related to the Services.

3. These TOS include your right to use the Services – the do’s and the don’ts.

4.Use of the Services is also governed by our Privacy Policy available at https://www.happywhot.com/privacy-policy/ (which explains what personal information we may collect and how we use and protect it).

This Terms of Service (or “TOS” for short) apply to you and Happywhot regarding your access and use of Happywhot’s Services (which we explain below). Because we know legal wording is not much fun, we have included a short and informal summary of each section (but the full version is the legally binding one).

1. ABOUT THESE TOS

Agreeing to these TOS is a precondition for accessing and using our Services. Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your “Child”) to use an account, you hereby agree to this  TOS on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.

Happywhot may change and/or update these TOS at any time in response to changing legal, technical or business development reasons. Then we will put the changed/updated version online and we will take appropriate measures to inform you via our Services or otherwise. You agree to be bound by the updated TOS, by your continued access and/or use of the Services after said updates.

  • 1.1.What are these TOS? These TOS are a legally binding contract between you and Happywhot APS whose registered office is at Peking of China.
  • 1.2. What do these TOS apply to? ? These TOS apply to our Services, including (but not limited to) any interactive entertainment products, game key or code giving you access to it or any parts of it, Virtual Goods and Virtual Currency (defined below), any Happywhot products and services related to our games, user accounts, customer and technical support, official forums, wikis, blogs and social media services.
  • 1.3. When do these TOS apply to you? These TOS will be binding once you access, download, install or use any of our Services. If you do not agree to these TOS, please do not use or access our Services.
  • 1.4. Will we ever change these TOS? We may change and/or update these TOS from time to time, for example to reflect changes in our Services or to reflect applicable laws. If we do, we will make the changed/updated TOS available online and make reasonable efforts to notify you of it. You are welcome to contact us at [email protected] if you have specific questions about the changes. If you do not agree to those changes (regardless of whether you email us), then unfortunately you must cease using our Services: in order to make all of our Services work properly we need to have everyone using them under the same TOS instead of different people having different rules.
  • 1.5. Are there any other important documents you should read? Please also read our Happywhot Privacy Policy available at https://Happywhot.com/privacy-policy/.

2. ACCESSING AND USING OUR SERVICES, YOUR RIGHTS

You have the personal right to access and use our Services. If Services involve a user account, then you are responsible for it.

Regardless of your age, you can access and use our Services, However, if you agree to this  TOS, we may collect personal information with your consent.

  • 2.1. We give you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable and non-assignable license to use the Services. This license is for your personal non-commercial use only (so you cannot give, ‘sell’, lend, gift, assign, sublicense or otherwise transfer it to someone else) and does not give you any ownership rights in the Services. You do not receive any other license. We own and continue to own all of our Services including (but not limited to) all copyrights, computer codes, characters, etc.
  • 2.2. What about user accounts? In order to access the Services, you may need to create a user account or use an existing account (if you have one). You are solely responsible for protecting your user account and for your account activities. In particular, keep your account and password secure. In order to protect our Services, users and Happywhot itself, we reserve the right, if necessary, to reject any user account if it would breach these TOS or other applicable rules.
  • 2.3. Are there any age restrictions? Regardless of your age, you can access and use our Services, However, if you are 13 years or older (or 16 in certain jurisdictions in the European Union), we may collect personal information with your consent within our Services.
  • 2.4. Are there any minimum requirements? Some of our Services may have minimum requirements depending on your chosen device/platform or other similar issues, of which you will be notified at the time. It is your responsibility to ensure you meet these requirements before accessing or using the Services. To access or use some of our Services, you will need Internet access too – again, this is your responsibility.
  • 2.5. What about monitoring? In order to protect Happywhot, Happywhot users and to enforce these TOS, Happywhot may deploy anti-cheat and/or other software tools that run in the background of your device or related devices/peripherals when you use the Services.
  • 2.6. What about third-party access and content? You might get links from us to third party websites or content through the Services. You may also access the Services through different social platforms and devices. Your use of them is your responsibility – we cannot promise they will work, what they will be like or if they are free. The Services may contain third party services such as gameplay recording and sharing, social media connectivity, video offers and in-game advertisements. While we try to pick the best partners to work with, we are not responsible for their content nor services (that is for the partner itself). These are services are subject to respective third-party terms and conditions and constitutes agreement between you and that relevant third party (to which Happywhot is not a party).
  • 2.7. Are there any health & safety issues to be aware of? Please be aware our Services may contain flashing images which may potentially trigger seizures for people with epilepsy. Player discretion is advised.
  • 2.8. What can and can’t you do? In order for you to be able to access and use the Services, we ask you to follow some rules not limited to the following. Please read these rules carefully since failure to follow them (particularly those in relation to cheating) will be considered a material breach of these TOS, which may lead to suspension or cancellation (temporary or permanent) of your access and use of the Services. Here are the main rules that you agree to (under all circumstances):
    • i. Personal enjoyment. Only access and use our Services for your personal enjoyment and not for any advertising (or transmission of any commercial advertisements such as spam emails), other commercial or political purposes.
    • ii. Restricted access. Do not attempt to copy, rent, sell, lend, lease, sublicense, distribute, publish or publicly display the Services, Virtual Currency or Virtual Goods (defined below), any user account or any of your rights under these TOS to any other party in any way not expressly authorized herein.
    • iii. Technical misuse. Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Services unless you are specifically allowed by applicable law.
    • iv. Hacking/griefing. Do not hack, harm, grief, harass, threaten or misuse the Services, other users of our Services of any Happywhot products, games, services, community members or staff.
    • v. Cheating. Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect the Services in any way (including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between Happywhot or its partners and our Services and/or any unauthorized third party programs that collect information about the Services by reading areas of memory used by the Services to store information).
    • vi. Account misuse. Do not share, ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate user accounts or the Services access keys/codes (all of which are our property). If you are concerned that any of this has happened to you, contact customer support at [email protected].
    • vii. Power-leveling. Do not perform in-game services for others like power-leveling, boosting or ladder-climbing, whether or not in exchange for payment (real money or otherwise) from others.
    • viii. No advertising. . Do not communicate or facilitate any commercial advertisement, promotion, spam or unsolicited messages through the Services.
    • ix. Happywhot services. Do not deliberately or maliciously interrupt or interfere with the Services, any other Happywhot services like customer or technical support or impersonate Happywhot staff.
    • x. Interfering with servers. Do not overburden, interfere with or disrupt the Services or third party network software or servers, including via tunneling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with Happywhot software, through protocol emulation, or through creation or use of private servers or any analogous services regarding the Services.
    • xi. Accessing servers. Do not access or attempt to access areas of the Services or servers that have not been made available to the public.
    • xii. Data mining. Do not intercept, mine or otherwise collect any data or information from the Services, other people using the Services, including, but not limited to using unauthorized third-party software or use of pixel tags, cookies GIFs or similar items sometimes also referred to as spyware.
    • xiii. Accounts and virtual content. Only use user accounts, Virtual Goods or Virtual Currency (defined below) for their intended purpose.
    • xiv. Names/trademarks.Do not use Happywhot or any other names of any Services or other Happywhot names or logos or trademarks for any unauthorized purposes.
    • xv. Infringing Content. Do not do anything in connection with the Services that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.
    • xvi. Malicious Code. Do not post or upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of the Services.
    • xvii. Geographic/regional restrictions. You must follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding the Services.
    • xviii. Conduct.Do not do, post or say anything that is or may be considered threatening, racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal. This includes in any chat or other communications with users. Happywhot reserves the right to monitor the content of any of your messages and prevent your use of any such chat or other communication systems for any reason. Please report any behavior you think is in breach of this rule by sending a message to [email protected].
  • 2.9About Access
    • You are responsible for obtaining and maintaining necessary devices for playing our Game, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this Agreement and shall not incur any liability of us under this Agreement.
    • You understand that due to the specialty of the online games, we may update our Game from time to time, which may block your access to the Game for a period of time and result in the modification of the content of the Game. We are not liable for any losses incurred by such updates except for those due to our intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
    • In the circumstance that our Game is in a “test period” or a “beta version” or something of that kind, your access to our Game may be subject to specific rules, such as limited period or limited number of users to access to the Game, privilege of some users to access to the Game, our reserved rights to modify or delete the game data of users, and irregular shut down of the Game servers. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Game are highly appreciated.

3. USER GENERATED CONTENT AND COMMUNITY CONTENT

If you share content in-game via the Services (e.g. sending links), this is your

responsibility.

  • 3.1. What is our position on ‘user generated content’? The Services may give you the ability to share content (for example to share text, photos or links with users) – we will call this “User Generated Content”. If you do share User Generated Content, then it is at your responsibility and risk. We have the right (but not the obligation) to check and remove any inappropriate or illegal User Generated Content. But to be clear: we do not assume any responsibility or liability for User Generated Content. As far as we and you are concerned, you own any User Generated Content you created but we need you to give us certain rights over it so that we can actually transmit it via the Services. So, when you make your User Generated Content available through the Services you give us a non-exclusive, permanent, irrevocable, worldwide, sublicensable, royalty-free license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Services.
  • 3.2. What is our position if you participate in a Happywhot contest or competition? When submitting material as part of a contest or competition, you hereby give Happywhot a non-exclusive, permanent, irrevocable, worldwide, sublicensable, royalty-free license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your user-generated content without any further notice or compensation to you of any kind unless otherwise specifically stated in the competition’s submission rules and regulations.
  • 3.3. When you submit your user-generated content and information as part of a Happywhot contest, you give Happywhot the unconditional right to use your name, image and other information submitted during the course of the contest. You give us the right to use the information you provide without any further obligation, notice or compensation to you. Except where prohibited by law, you forfeit any claim or right to attribution or credit for your user-generated content, even in situations in which the content is ultimately changed, altered or modified in any way.

4. VIRTUAL CURRENCY AND VIRTUAL GOODS

You may be able to buy and/or otherwise obtain things like cosmetics, in-game enhancements or virtual currencies and there are some additional legal rules for them. They do not have any “real world” monetary value and you cannot buy, sell or trade these with other users.

  • 4.1. Do the Services offer virtual goods or virtual currencies? The Services may let you purchase and/or otherwise obtain (for example, by completing offers or watching in-game advertisements) virtual, in-game digital items and content including for example cosmetic and in-game enhancements and other downloadable content (“Virtual Goods”) . You may at our discretion be able to buy certain Virtual Goods with “real world” money and/or virtual currency (which you may be able to earn by playing the game and/or with “real world” money) (we will call this “Virtual Currency” ). We are the sole provider and issuing authority regarding Virtual Goods and Virtual Currency and only the Services’ users can use them.
  • 4.2. Are there any additional payment requirements you should know about? ? If you buy Virtual Goods, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for ensuring that you have authorization to use any chosen payment method, which includes obtaining account holder/parent/guardian approval if applicable. You are responsible for ensuring that this authorization is maintained at all material times. Do not make inappropriate charge-back or refund requests. You are responsible for applicable fees and taxes. All payments are non-refundable and non-transferable except as expressly provided in these TOS.
  • 4.3. What are the legal requirements regarding Virtual Goods and Virtual Currency? Virtual Goods and Virtual Currency are digital items only with no cash value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, whether or not for other Virtual Goods, Virtual Currency, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Goods or Currency is prohibited (unless we specifically permit otherwise in the Services). Your right to use any Virtual Goods and Virtual Currency that you obtain is limited to a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to use such Virtual Goods and Virtual Currency solely for your personal entertainment and non-commercial use in the Services only. You have no property interest or right or title in any Virtual Goods or Virtual Currency, which remain Happywhot’s property. Happywhot reserves the right to reverse, change or amend Virtual Goods or Virtual Currency transactions or other matters, if necessary, to protect the Services and/or to enforce these TOS.
  • 4.4. Is there a limit on the amount of Virtual Goods or Virtual Currency you can hold? In order to protect the Services, users and to stop fraud, we may impose limits on use of Virtual Goods and Virtual Currency (including transaction limits and balance amounts).
  • 4.5. Will these Virtual Goods or Virtual Currency expire or be revoked? Virtual Goods and Virtual Currency do not expire, but we reserve the right to change or amend that if necessary. We are not obliged to provide Virtual Goods or Virtual Currency to you. Happywhot reserves the right to revoke from users (without notice or compensation) any Virtual Goods and/or Virtual Currency that have been obtained by users by way of (for example) bug, hack or exploitation of the Services or promotional offers.
  • 4.6. Will Virtual Goods or Virtual Currency ever change? The existence of a particular offer for Virtual Goods or Virtual Currency is not a commitment by us to maintain or continue to make the Virtual Goods or Virtual Currency or that offer available in the future. The scope, variety and type of Virtual Goods and Virtual Currency that you may obtain can change at any time and we have the right to manage, regulate, control, modify or remove Virtual Currency or Virtual Goods in our sole discretion if we consider any of this necessary for the ongoing operation of the Services or for other legitimate reasons, in which case we will have no liability to you or anyone for the exercise of such rights. We will endeavor where possible to give you reasonable notice of any such changes and to explain the reasons why.
  • 4.7. Can you refund purchases of Virtual Goods or Virtual Currency?Subject to the terms of any applicable device/platform via which you access the Services and applicable law: all purchases are final, and no refunds will be made or returns accepted.

5. FEEDBACK OR SUGGESTIONS

Feedback and suggestions are great (thank you!) but at our discretion without responsibility/liability.

You are welcome to give us feedback and suggestions to improve the Services – in such case you can contact us at [email protected]. We appreciate your feedback and suggestions, but we may choose not to use or accept them at our discretion. In any event the feedback/suggestions will be received by us without any obligations or liability to you.

6. WARRANTIES AND LIABILITY

We provide warranties (i.e. legally binding promises) about the Services, for example that we will take reasonable care regarding your use of the Services.

6.1 Our warranties.

  • We represent and warrant that: (i) we have the right to enter into these TOS and to grant you the license to access and use the Services in section 2; (ii) we will take reasonable care regarding the Services and your use of it and (iii) we will use reasonable efforts to comply with applicable laws under these TOS.

6.2 Your warranties to us

  • You represent and warrant that you have the full power and ability to enter into these TOS and will follow fully its terms. You also represent and warrant that any User Generated Content, which you transmit via the Services does not infringe upon the intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful or racist.

6.3Disclaimer

  • Although we endeavor to provide the accurate and reliable services of our Game, you expressly understand and acknowledge that OUR GAME, AS WELL AS THE RELATED SERVICE AND INFORMATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
  • Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
    • (I) THE INABILITY TO USE OUR GAME, AND/OR RELATED SERVICES;
    • (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR GAME, AND/OR RELATED SERVICES;
    • (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    • (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR GAME, AND/OR RELATED SERVICES; OR
    • (V) ANY OTHER MATTER RELATING TO OUR GAME, AND/OR RELATED SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.

7. TERMINATION

You can terminate these TOS by stopping the access of use of the Services. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Services if you seriously breach these TOS.

  • 7.1. When and how can you terminate these TOS? You can terminate these TOS by permanently stopping the access and use of the Services at any time. Termination will not affect already existing rights or obligations of us or you.
  • 7.2. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Services if you materially breach these TOS, which includes but is not limited to a breach of these TOS which is serious and/or which could cause real harm to the Services, other Services’ users, Happywhot or other matters governed under these TOS. In particular, it applies to the Services rules we specify in section 4 above (for example, no cheating or account misuse). If we cancel or suspend your account in this way, we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result. Cancellation or suspension will include you losing access to Virtual Goods and Virtual Currency. If we cancel or suspend your account under this section, then we will not have any obligations or liabilities to you at all.

If Happywhot decides itself to stop providing the Services permanently, then we will try to give you at least sixty (60) days’ notice by posting an update on the applicable website. After that time period, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities.

8. FORCE MAJEURE

If unforeseen events beyond your or our control take place, then neither of us will be liable to the other for any obligations which cannot be performed.

Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.

“Force Majeure” means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, fire, flood, or storm or default of suppliers or sub-contractors.

9. GOVERNING LAW

Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of China, as an agreement wholly performed, negotiated and executed therein without regard to Chinese’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Game or the User Agreement shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”) . You hereby consent to personal jurisdiction and venue in CIETAC .

10.BREACH ANDINDEMNIFICATION

In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) restoring your Game data to the status before your breach; (iii) terminating your right to use our Game; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.

You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

11. MISCELLANEOUS

11.1.Transfer

You agree that we may transfer all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you.

11.2.Entire agreement

This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.

11.3.Severability

If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.

11.4.Waivers of our rights

The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.

12.CONTACT US

If you have any further questions to this TOS or the privacy practices of us, please contact us via email at [email protected] .