End User License Agreement
1. Changes to the Huuuge Collective Terms.
Huuuge may make changes to or revoke this License Agreement at any time and for any reason. By continuing to use the Mobile Application on or after the effective date of the new agreement or new terms, you are consenting to the new terms or new agreement governing the relationship between you and Huuuge. If you no longer consent to the License Agreement or to any new agreement or new terms between you and Huuuge, then delete the Mobile Application immediately and discontinue your use of any Services provided by Huuuge. If you revoke consent to the License Agreement or any other terms or agreement with Huuuge, then your sole remedy for revoking consent is to no longer access the Mobile Application or the Services.
2. Changes to the Mobile Application and/or the Services.
Huuuge is not obligated to provide any maintenance of support for the Mobile Application. You understand and agree that Huuuge, in its sole discretion, may make any changes to the Mobile Application that it wants, including but not limited to discontinuing any services, features or similar, discontinuing the Mobile Application entirely, and/or changing the pricing or availability of the Mobile Application or Services. Changes to the Mobile Application may also include changing how the Mobile Application is accessed (for example, charging a fee to access or download the Mobile Application or to access content within the Mobile Application that was available without a charge previously, changing the platforms for which the Mobile Application is available, not offering older versions of the Mobile Application for further download, changing the third party distributions channels for the Mobile Application) and/or placing limitations or other restrictions on any content within the Mobile Application. Some changes that we make to the Mobile Application may make the Mobile Application unusable on your device, even if you still have it downloaded on your device.
Huuuge has not liability to you or to any third parties as a result of any changes, discontinuation or removal of the Mobile Application. You will have no remedy or damages against Huuuge for any changes that are made to the Mobile Application, including but not limited to removing the Mobile Application entirely. ALTHOUGH HUUUGE HAS LIMITED ITS LIABILITY IN THIS LICENSE AGREEMENT, YOUR LIABILITY IS NOT LIMITED.
3. Access to and Use of the Mobile Application and/or Services.
Huuuge also reserves the right to revoke access to and/or any license to the Mobile Application at any time and for any reason. If a player violates the Huuuge Collective Terms in any way, the player’s account and access to the Mobile Application may be deleted immediately and irretrievably, with or without notice to the player. Notice will be provided at Huuuge’s sole discretion.
Your use of the Mobile Application depends on you, at your cost, having all the requisite hardware, software and internet connection that is required to access and use the Mobile Application. These external requirements to access and use the Mobile Application may change at any time, for any reason, without notice, and Huuuge does not guarantee access to anyone. You may also be restricted geographically at any time from accessing or using the Mobile Application, and Huuuge does not guarantee that the Mobile Application will be available for download in all locations. If you access or use the Mobile Application on a wireless device, note that your wireless or cellular provider may charge fees or data usage for the Mobile Application, all of which are to your cost.
4. Your Huuuge Account.
You may be asked to create login credentials when setting up your account, or you may be able to use your existing login credentials from a third party company (e.g., Facebook). Keep your login credentials secure and private and do not share your information with anyone. You are responsible for ensuring that this information remains confidential, and any purchases made in your account or by you or your device in the Mobile Application are your responsibility, whether authorized or unauthorized. If someone other than you violates the Huuuge Collective Terms using your account or device, then your license to the Mobile Application may be terminated even if the use is unauthorized. No player may have more than one Huuuge account.
Huuuge reserves the right to refuse use of a username or to reclaim use of any username for any reason at any time and without notice.
5. Ownership of the Mobile Application.
The Mobile Application is entirely owned by Huuuge, and Huuuge has protection of its intellectual property both in the United States and abroad. You acknowledge that you have no claim to ownership of any kind to the Mobile Application or anything contained within or forming a part of the Mobile Application (including but not limited to artwork and avatars or other images or text created to depict your persona within the Mobile Application). The license you are granted under this License Agreement, which is described below in Section 5, does not grant you ownership over any aspect of the Mobile Application or other property of Huuuge. Except as provided for in Section 5 of this License Agreement, you are not granted any intellectual property rights to the Mobile Application (including but not limited to the use of any logos, trademarks, service marks, trade dress or other brand features of Huuuge).
You will not: (a) in part or as a whole, copy, adapt, modify, reproduce, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Mobile Application, except to the extent required by applicable law; (b) remove, blur or otherwise obscure, or alter any copyright, trademark, logo, or other notices (including legal notices) in or on the Mobile Application; (c) use or authorize any unauthorized third-party software that intercepts or otherwise collects information from or through the Mobile Application; (d) intercept, emulate, or redirect the communication protocols used by the Mobile Application in any way, for any purpose; or (e) facilitate, create, or maintain any unauthorized connection to the Mobile Application.
In order to conform with this License Agreement, you must also conform with all application laws (including copyright and trademark laws) as well as any legal notices.
6. The Limited Use License.
Subject to your compliance with the Huuuge Collective Terms, Huuuge grants to you, pursuant to this License Agreement, a limited, non-exclusive, non-transferrable and fully-revocable license to: (a) download and install the Mobile Application on a device you own or otherwise have authorization and control over, (b) use the Mobile Application for non-commercial, entertainment only purposes (the “License”). If you do not comply with the Huuuge Collective Terms, then this License Agreement is immediately revoked and you forfeit all rights you have to the Mobile Application.
The License is effective when you download and install the Mobile Application and it is terminated automatically on the earlier of when you delete the Mobile Application or this License Agreement is terminated.
7. LIMITATION OF LIABILITY FOR HUUUGE AND RELEASE OF CLAIMS.
HUUUGE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
HUUUGE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE APPLICATION (INCLUDING THE SERVICES AND CONTENT AVAILABLE THROUGH THE APPLICATION AND THE HUUUGE SERVICES) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF HUUUGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL HUUUGE’S LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO ACQUIRE THE APPLICATION AND/OR ANY PURCHASES MADE BY YOU WITH YOUR ACCOUNT WITHIN THE MOBILE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF HUUUGE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN JURISDICTIONS IN WHICH A LIMITATION OR EXCLUSION OF LIABILITY OR A LIMITATION ON IMPLIED WARRANTIES IS AVAILABLE BY LAW BUT WHICH IS MORE THAN THE LIMITATIONS OR EXCLUSIONS PROVIDED FOR IN THIS LICENSE AGREEMENT, HUUUGE MAY AVAIL ITSELF OF ALL LIMITATIONS OR EXCLUSIONS AVAILABLE UNDER THE LAWS OF SUCH JURISDICTION.
8. WARRANTY DISCLAIMER.
HUUUGE DOES NOT WARRANT: (1) THAT THE MOBILE APPLICATION’S FUNCTIONS, FEATURES, IMAGERY OR ANY CONTENT OR FUNCTIONALITY WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. HUUUGE SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. HUUUGE AND ANY DISTRIBUTION CHANNEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
YOUR ACCESS TO AND USE OF THE MOBILE APPLICATION IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE MOBILE APPLICATION, ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE MOBILE APPLICATION, OR WITH HUUUGE’S SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE MOBILE APPLICATION AND YOU SHOULD DELETE THE MOBILE APPLICATION IMMEDIATELY.
Any Mobile Application distribution channel is not be responsible for receiving or responding to any claims by you or any third party relating to the Mobile Application or your possession and/or use of the Mobile Application, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions on those issues, you should contact us as provide for below. The distribution channel will also not be responsible for investigation, defense, settlement and discharge of any third party intellectual property infringement claim.
You agree to indemnify, defend, and hold Huuuge and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the "Huuuge Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the Huuuge Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Mobile Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to Huuuge’s or its vendors’ servers; your violation of this License Agreement; or your violation of the rights of any other person or entity. Huuuge reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Huuuge, and you will cooperate with Huuuge for defense of these claims.
This License Agreement is effective until terminated. You may terminate this Agreement at any time by: (i) deleting the Mobile Application in your possession or control and ceasing to use the Services or (ii) requesting that your Huuuge account and/or your personal data on file with Huuuge be deleted. Huuuge may terminate this License Agreement at any time for any reason or no reason. If you are in violation of the terms of this License Agreement, this License Agreement terminates immediately without notice. However, if you paid Huuuge or its authorized distribution channel to acquire the Mobile Application, and we terminate this Agreement within one year after you made your payment for reasons other than your breach of this Agreement or the Huuuge Collective Terms, we will refund a prorated portion of the purchase price corresponding to the portion of such one year period for which our action caused you not to be able to use the Mobile Application. This applies only to money you spent purchasing the Mobile Application itself. This does not apply to any purchases made within or for use within the Mobile Application (“In-App Purchases”).In-App Purchase are not refundable under any circumstances.
Upon termination for any reason, the license granted in Section XX will immediately terminate. The provisions in Sections 1, 2, 3, 5, 6, 7, 8, 11, 12, and 13 will survive any termination.
11. Export of the Mobile Application or Services.
You will not ship, transfer, or export the Mobile Application into any country or use the Mobile Application in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, "Export Laws"). You represent and warrant that you are not a citizen of, and are not located within, a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not otherwise prohibited under the Export Laws from receiving the Mobile Application.
12. Governing Law, Venue and Jurisdiction.
This License Agreement and all claims arising from or related to your use of the Mobile Application will be governed by and construed in accordance with the laws of the State of California, excepting California’s conflict of law rules. This License Agreement and the Mobile Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods (UNCISG), if applicable. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in San Francisco, California. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Mobile Application or this License Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
13. Disputes and Arbitration.
You agree to contact Huuuge with any dispute or claim against Huuuge arising out of or relating to the Mobile Application and/or the Huuuge Collective Terms (including this License Agreement) using the contact information below. If we cannot resolve the dispute or claim together, then you and Huuuge agree to resolve the dispute or claim through individual binding arbitration. Class arbitrations and class actions are not permitted, and your dispute or claim may not be consolidated with any other person’s dispute or claim. You and Huuuge agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 13 shall survive termination of the Huuuge Collective Terms.
Prior to initiating arbitration, you must first send a written notice by certified mail to Huuuge at: XXX, ATTN: Legal Department. The arbitration notice must include the following at a minimum: (a) personal and/or account information sufficient enough to identify your Huuuge account, (b) a detailed description of your claim or dispute with Huuuge, (c) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolve with Huuuge within thirty days of Huuuge’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in this License Agreement.
Any controversy or claim arising out of or relating to the Mobile Application or to this License Agreement or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The American Arbitration Association can be contacted at www.adr.org.
If any part of this License Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the License Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this License Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this License Agreement is English. This License Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we acknowledge and agree that any distribution channel and its subsidiaries are intended third party beneficiaries of this License Agreement and will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you.
15. Contacting Huuuge.
You may contact Huuuge as follows:
You hereby acknowledge that you have read and understood this License Agreement and agree that by clicking "Accept"or “I Agree” or by installing, copying, or using the Mobile Application you are acknowledging your agreement to be bound by this License Agreement.