Last updated: April 24, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING ANY PRODUCT OR SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR PRODUCT OR SERVICE.
IF YOU ARE UNDER AGE 18, DO NOT REGISTER AND DO NOT PROVIDE ANY INFORMATION UNLESS YOU HAVE FIRST OBTAINED YOUR PARENT’S OR GUARDIAN’S PERMISSION. IF YOU ARE UNDER AGE 13, YOU ARE NOT ELIGIBLE TO USE THIS WEBSITE AND PROHIBITED FROM REGISTERING. YOU MUST BE AT LEAST 13 TO REGISTER OR PURCHASE ANY PRODUCT. IF YOU ARE A PARENT OR GUARDIAN OF A CHILD BETWEEN THE AGES OF 13 and 18, PLEASE READ THIS AGREEMENT. IT INCLUDES TERMS THAT YOU ARE AGREEING TO.
HIKER GAMES JOINT STOCK COMPANY (“Hiker Games”) would like to thank you for visiting our website and/or downloading games, apps or other content.
You agree that your use of this Hiker Games’ website, application ("App"), account, product, service or other property (including Service and/or Service Provided Content as defined below), including any patches, updates, and downloadable content associated with any App or other software (collectively "Product" or "Products"), shall be subject to the terms of this Agreement.
You have only the rights expressly granted to you by this Agreement and no other rights.
TABLE OF CONTENTS
· Ownership Of Content
· Limited License
· Prohibited Activities
· Parents And Guardians
· Accounts And Information Submitted
· Collection And Use Of Data
· User Content
· Purchase And Payments/All Products “As Is”
· Risk Of Loss
· Hiker Games Liability And Your Indemnification
· Notices/Designation Of Agent To Receive Dmca/Copyright Notices
· Third Parties/Hyperlinks/Limitations
· Disputes And Applicable Law
· Changes To This Agreement
· Export And Commercial Items
· General Provisions
OWNERSHIP OF CONTENT
Hiker Games is the owner of the Product, including the website, apps, games, all software and any service provided in connection any of the foregoing, which are protected by US and international law including copyright laws. All rights and title in and to the Product, all features and content thereof (including without limitation any user accounts, titles, computer code, files, game software, client and server software, tools, patches, updates, themes, objects, characters, character names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork, designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-visual effects, information, data, documentation, “applets”, chat transcripts, character profile information, game play, recordings, in game items, and in game activities) and the selection and arrangement thereof (collectively the “Proprietary Materials”) are the proprietary property of Hiker Games or its licensors and are protected by U.S. and international copyright and other proprietary rights laws.
In the event that you make any modifications, adaptations or derivative works of any kind to the Proprietary Materials (the “Modifications”), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to Hiker Games. You hereby irrevocably assign (and agree to assign) and transfer all Modifications to Hiker Games. In the event any such assignment is invalid, ineffective or partially ineffective for any reason whatsoever, you expressly grant to Hiker Games and our licensors all consents, clearances and a non-exclusive, perpetual, worldwide, complete, sub licensable and irrevocable right to make, use, sell, offer for sale, import or otherwise exploit, re-post, publish, use, quote, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, otherwise communicate, and publicly display and perform the Modifications, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, acknowledgment or compensation to you. You waive and agree not to assert any moral or similar rights you may have in the Modifications to the full extent allowed by applicable law.
Hiker Games grants you a personal, limited, non-exclusive license to use the Product for your non-commercial use in a manner consistent with this Agreement. To the fullest extent permitted by applicable law, this license granted to use the Product is non-transferable. You may not rent, lease, lend, sell, redistribute or sublicense the Product. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application). You may not remove or alter Hiker Games’ or its licensors trademarks or logos, or legal notices included in the Product or related assets. Any attempt to use the Product in breach of the terms of this Agreement is a violation of the rights of Hiker Games and its licensors. The terms of this Agreement will govern any upgrades provided by Hiker Games that replace and/or supplement the Product, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.
B. If the Product is an App then, unless expressly authorized by Hiker Games in writing, installation and use is restricted to an authorized device; and you are prohibited from making a copy of the App available on a network where it could be used or downloaded by multiple users.
C. The license rights granted to you herein are also subject to the limitations set forth below. Any use of the Product in violation of these limitations is a material breach of the Agreement, subjects you to immediate revocation of your license, and will be regarded as an infringement of Hiker Games’ copyrights and other rights in and to the Product.
All rights other than the limited license granted herein remain with and belong to Hiker Games, including all rights to all content, including virtual content, artwork, software, logos, trademarks, and all other intellectual property of any kind whatsoever. Hiker Games either owns, has licensed, or otherwise has the rights to use all content on its website or in the Product. The Product may include content which is open source and subject to open source licensing. Hiker Games does not claim any ownership or rights in such open source content beyond that which is allowed by law, but does claim rights to the maximum extent allowed by law and any open source license applicable to such content.
The following activities are prohibited and you agree not to participate in any of them under any circumstances:
1. Use, develop, distribute, host or otherwise take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Product or any Hiker Games’ website.
2. Exploit or reverse engineer the Product (or any of its parts) for any commercial purpose whatsoever, or attempt to do so.
3. Alter, modify, cause to be modified any files that are a part of the Product or any Hiker Games game without Hiker Games’ express written consent.
4. Use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Product.
5. Disrupt, interfere with or otherwise adversely affect the normal flow of the Product or otherwise act in a manner that may negatively affect other users' experience when using the Product or playing Hiker Games’ games.
6. Create or use any service or software that attempts to or does emulate, copy, intercept, subvert, redirect, or otherwise interfere with the use of the Product in any manner whatsoever.
7. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Product or any Hiker Games’ activity or service, or institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Product, or other attempts to disrupt the Product or any other person's use or enjoyment of the Product.
8. Gain or attempt to gain unauthorized access to the Product or any accounts registered to others or to the computers, servers, or networks connected to the Product or Hiker Games by any means other than the user interface provided by Hiker Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Product.
9. Solicit or attempt to solicit login credentials from any other user or account other than your own.
10. Bully, harass, threaten, defame, libel, or otherwise intimidate or attempt to intimidate any user or Hiker Games employee, including without limitation through the use of any conduct that is racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, or encourage others to engage in any of the foregoing activity.
11. Engage or attempt to engage in any unlawful activity related in any way to your use of the Product.
12. Engage or attempt to engage in any other act that Hiker Games deems to be in conflict with the spirit or intent of the Product or make improper use of Hiker Games’ support services.
13. Refund abuse.
14. Misuse of in-game chat for Advertising, Spamming & Scamming.
15. Phishing other players' accounts.
Hiker Games may take any action that it deems appropriate, in its sole discretion, in response to any violation of the above, including without limitation terminating any license, account or right you may have to use any Product or access Hiker Games’ website. Such action shall be in addition to and shall not limit any other rights or remedies Hiker Games’ or its users may have against you.
PARENTS AND GUARDIANS
If you are a parent or guardian, you are responsible for insuring that children under 18 for whom you are the parent or guardian comply with all of the terms and conditions of this Agreement. Hiker Games may hold you responsible if you fail to insure compliance.
ACCOUNTS AND INFORMATION SUBMITTED
Accounts may only be established with Hiker Games by individual people who are “natural persons” and who are at least 18 years old (or at least 13 years old with permission of a parent or guardian). Corporations and business entities may not establish accounts.
All information you submit to Hiker Games, in connection with establishing or updating an account or otherwise, shall be accurate, true and correct. This includes all names, email addresses and other information submitted, and all information submitted through any forum, chat, or other method of submitting information, including all information submitted for support purposes.
All accounts created in connection with Hiker Games or the Product are and remain the sole and exclusive property of Hiker Games. HIKER GAMES RESERVES THE ABSOLUTE RIGHT IN ITS SOLE DISCRETION TO TERMINATE ANY ACCOUNT AT ANY TIME FOR ANY REASON WHATSOEVER OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. You have no rights against Hiker Games with respect to its decision to terminate any account or its manner to termination.
COLLECTION AND USE OF DATA
“User Content” is any content submitted to Hiker Games by any user in any manner, including without limitation, submitted in forums, chats, in-game submissions, in-app submissions, support submissions, postings on social media accounts, or any other manner of submitting any content.
By submitting User Content to Hiker Games, you are granting a license to Hiker Games to use the content as set forth herein below.
Hiker Games is not responsible for screening or monitoring submissions, posting or presence of any User Content. However, you agree that Hiker Games has the absolute and unconditional right to and may monitor any and all User Content and submission of the same, to the full extent allowed by law.
Hiker Games may disable, remove or block any User Content or the right of any user to submit User Content at any time for any reason in its sole and absolute discretion, to the full extent allowed by law.
You hereby grant to Hiker Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Product, including marketing and promotions of the Product. You also hereby grant to Hiker Games the right to authorize others to exercise any of the rights granted to Hiker Games under these Terms of Service. You further hereby grant to Hiker Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Hiker Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Hiker Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
PURCHASE AND PAYMENTS/ALL PRODUCTS “AS IS”
You agree to pay for all services and Products purchased from Hiker Games at the rates and fees identified on or in the Product, including on the website.
ALL PURCHASES ARE “AS IS” AND FINAL WHEN PURCHASED. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE NON-REFUNDABLE. WITHOUT LIMITING HIKER GAMES' LIABILITY UNDER THE “HIKER GAMES’ LIABILITY” SECTION BELOW, THE PRODUCT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HIKER GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRODUCT (INCLUDING HIKER GAMES’ WEBSITE) AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE PRODUCT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RISK OF LOSS
You bear all risk of loss for accessing or completing the download of any Product and for any loss of any Product that you have accessed or downloaded, including any loss due to a file corruption or device crash. Any Product may be available for limited periods of time, and/or subject to other access restrictions (including for example, possession of other specific Product(s) for access or use). Products may become unavailable due to potential content provider licensing restrictions or other reasons; Hiker Games will not be liable to you if any Product is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
HIKER GAMES LIABILITY AND YOUR INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIKER GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIKER GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, HIKER GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HIKER GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HIKER GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HIKER GAMES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HIKER GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HIKER GAMES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HIKER GAMES.
You agree to indemnify, defend and hold Hiker Games (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Product, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
NOTICES/DESIGNATION OF AGENT TO RECEIVE DMCA/COPYRIGHT NOTICES
If you believe that anything in the Product infringes upon any copyright which you own or control, or you wish to provide any other legal notice to Hiker Games, you may file a notification of such infringement or other notice to the contact information set below:
Hiker Games Joint Stock Company
No 63 Hoang Cau Street,
O Cho Dua, Dong Da, Hanoi, Vietnam
Hiker Games may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Hiker Games has adopted a policy of terminating, in appropriate circumstances and at Hiker Games’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Hiker Games may also at its sole discretion limit access to the Product and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Product may enable, or require, access to other third party content, materials, services or web sites ("Third Party Materials"), through hyperlinks, by redirection or otherwise. Use of Third Party Materials may require additional terms of service.
You understand that by using any Third Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable. You agree (i) to use Third Party Materials at your sole risk; (ii) that Hiker Games shall not have any liability to you for Third Party Materials; (iii) Hiker Games is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Third Party Materials are provided solely as a convenience to you and without any representation, warranty, or guaranty of any kind by Hiker Games.
Applicable third parties (such as your console account, mobile phone, or internet access account provider) may also impose limits on the use of or access to certain Products, in any case and without notice or liability. You agree that Hiker Games shall not be liable for any acts or omissions of such third parties.
DISPUTES AND APPLICABLE LAW
Unless prohibited by law, this Agreement shall be interpreted under the laws of the State of California, United States, without regard to choice of law provisions. If California law is deemed not applicable for any reason, then in such case, this Agreement shall be interpreted under the laws of Vietnam, without regard to choice of law provisions. Regardless of choice of law, any dispute arising under this Agreement shall be determined by a court of law in Hanoi, Vietnam, and use of the Product constitutes consent to and submission to personal jurisdiction of such court.
CHANGES TO THIS AGREEMENT
Hiker Games reserves the right to change, alter or modify this Agreement at any time by posting a revised Agreement or revisiosn to this Agreement on the Hiker Games website at www.hikergames.com, or any subsequent URL used by Hiker Games, or Hiker Games may, at its option, notify you by email or in the Product. Notice shall be deemed received if sent to the most current email address you have on record with Hiker Games. YOUR CONTINUED USE OF THE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF ANY CHANGES MADE TO THIS AGREEMENT. It is your responsibility to check Hiker Games website regularly to determine whether this Agreement has been modified.
EXPORT AND COMMERCIAL ITEMS
You may not use or otherwise export or re-export the Product except as authorized by United States law and, if applicable, the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the Product may not be exported, re-exported, or downloaded into (or transferred to a resident of) (a) North Korea, Iran, Syria, Sudan, any U.S. embargoed countries or any country against which the U.S. Government maintains comprehensive economic sanctions, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S.
Department of Commerce Denied Person's List or Entity List. By using the Product, you represent and warrant that you are not located in, under the control of, or a resident of any such country, or on any such list. You also agree that you will not use these Products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Product and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Severability: If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment and Transfer: Hiker Games may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
Notices: Without limiting any other method of notification, you consent to Hiker Games providing you notifications about the Product or information the law requires us to provide via email to any address that you specified if you were required to register for the Product. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Product. For Products that do not require you to register or provide an email address, notices and other information may be made available in updates to this Agreement posted on Hiker Games website.
Force Majeure: Hiker Games shall not be liable for any delay or failure to perform resulting from causes outside Hiker Games’ reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Hiker Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Equitable Remedies: In the event that you breach this Agreement, you hereby agree that Hiker Games would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Hiker Games shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Hiker Games may otherwise have available to it under applicable laws.
Entire Agreement: This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written understandings and agreements. There are no representations, agreements, arrangements, or understandings, oral or written, among the parties relating to the subject matter hereof which are not expressly set forth herein, and no party hereto has been induced to enter into this Agreement, except by the agreements expressly contained herein.