Terms of Service


The terms of this agreement ("Terms of Service") govern the relationship between you and HypeUp FZCO, a UAE company with its registered office at IFZA Business Park, DDP, 13314 - 001, Dubai, UAE (hereinafter "HypeUp" or "Us" or "We") regarding your use of HypeUp's games, websites and related services (the "Service").

Please read the Terms of Service carefully before you start to use the Service. By using the Service (or installing any game/app or clicking to accept or agree to the Terms of Service when this option is made available to you), you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at http://www.hypeupgames.com/policy , which is hereby expressly incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use the Service.

The Service is offered and available to users who are 13 years of age or older. By accessing or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, your legal guardian must review and agree to these Terms of Service. If you do not meet all of these requirements, you must not access or use the Service. If you are a legal guardian, you must restrict all use of the Service by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors.

Right to Use the Service

Subject to these Terms of Service, HypeUp hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Service for your personal, non-commercial use. The rights granted to you are subject to your compliance with these Terms of Service.

Except as previously set forth, you do not receive any other license. HypeUp retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Service, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Service may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without HypeUp prior written consent. HypeUp reserves all rights not expressly granted to you herein.

The Service and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Service, whether earned in the Service or purchased from HypeUp or third parties.

Purchases Terms and Conditions

All purchases on or through the Service are governed by the following terms and conditions.

  • In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash, all for use in HypeUp games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise").

  • HypeUp may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. HypeUp shall have no liability to you or any third party in the event that HypeUp exercises any such rights.

  • The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to HypeUp, another user or any third party.

  • The provision of Virtual Items for use in HypeUp games is a service provided by HypeUp that commences immediately upon acceptance by HypeUp of your purchase.

  • You agree that a third party (e.g. Apple or Google) will process and accept your orders and payments and therefore the HypeUp does not have possibilities to process or manage possible refund requests or any other requests or questions relating to your payments or orders. Therefore, if you may have any refund requests or any other questions or requests relating to your orders or payments, we encourage you to directly contact the party, who has given you an order receipt or similar confirmation letter and hence is the party processing your orders and payments.

YOU ACKNOWLEDGE THAT THE HYPEUP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

HypeUp owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in HypeUp games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any HypeUp game, whether earned in a game or purchased from HypeUp.

Changes to the Service

We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

User Contributions

The Service may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively "User Contributions").In exchange for use of the Service, you hereby grant HypeUp a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to HypeUp's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to HypeUp, and the foregoing waiver of any applicable moral rights, survives any termination of these Term of Service. HypeUp, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission ("Unsolicited Content"). Please do not submit any Unsolicited Content to HypeUp or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by HypeUp without compensation to you or any third party and you grant HypeUp a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.

Code of Conduct

You agree that you will not, under any circumstances:

  • Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service.

  • Use the Service in violation of any applicable law or regulation.

  • Use the Service for commercial purposes, including, but not limited to, advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.

  • Use the Service for fraudulent or abusive purposes including, but not limited to, using the Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Service;

  • Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service.

  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Service.

  • Attempt to gain unauthorized access to the Service, to accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by HypeUp, 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, encryption, or software that is part of the Service.

  • Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.

  • Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.

  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including HypeUp employees, directors, officers, and customer service representatives.

  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a HypeUp employee, director or officer.

  • Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Service, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by HypeUp, or to obtain any information from the Services using any method not expressly permitted by HypeUp.

  • Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Service.

  • Harvest, scrape or collect any information about or regarding other people that use the Service, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.

  • Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.

  • Engage in any act that HypeUp deems to conflict with the spirit or intent of the Services or make improper use of HypeUp´s support services.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States or the European Union, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE HYPEUP NOR ANY PERSON ASSOCIATED WITH THE HYPEUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE HYPEUP NOR ANYONE ASSOCIATED WITH THE HYPEUP REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE HYPEUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE HYPEUP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the HypeUp, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, any use of the Service's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

Waiver, Severability and Entire Agreement

No waiver of by the HypeUp of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the HypeUp to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and HypeUp with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

Notices

We may notify you via postings on our websites, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or our Privacy Policy shall be in writing and addressed to:
HypeUp FZCO,
Attn: Legal
IFZA Business Park, DDP, 13314 - 001, Dubai, UAE.
Any notices that you provide without compliance with this paragraph shall have no legal effect