1. Introduction & Your Acceptance to these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT.
Welcome to the services operated by HappyGamer, Inc. (“HappyGamer”) consisting of the website available at https://www.happygamer.com (“Site”) and/or any other products or services offered by HappyGamer, which may be offered from time to time (the “HappyGamer Services”).
When using the HappyGamer Services, you will be subject to HappyGamer’s Privacy Policy, HappyGamer’s Community Guidelines (for registered users), and you will be subject to additional guidelines or rules that are posted on the Site or made available to you, or applicable to specific services and features that are disclosed to you in connection with use of the Site or HappyGamer Services.
HappyGamer may also offer certain paid services, may be subject to additional terms or conditions that are disclosed to you in connection with such services from time to time. All such terms are incorporated into these Terms of Service by reference.
The Terms of Service apply whether you are a user that registers an account with the Site or an unregistered user. You agree that by accessing or using the Site or creating a profile or otherwise registering, you are entering into a legally binding agreement between you and HappyGamer regarding your use of the Site. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use the Site or any of the HappyGamer Services.
When using or opening an account or creating a profile with HappyGamer on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
2. Use of HappyGamer by Minors and Blocked Persons
The Site and HappyGamer Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Site and HappyGamer Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The HappyGamer Services are also not available to any users previously removed from accessing the Site or using the HappyGamer Services by HappyGamer, in its sole discretion. Finally, the HappyGamer Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY ACCESSING, VIEWING, OR USING THE SITE OR HAPPYGAMER SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST OVER THE AGE OF 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM THE SITE OR USE OF THE HAPPYGAMER SERVICES.
3. Privacy Policy
Your privacy and your understanding of your rights and obligations with respect to your online privacy is important to HappyGamer. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information. You may manage your Privacy Setting at any time. The HappyGamer Privacy Policy is fully incorporated into these Terms of Service, and may be amended from time to time, and HappyGamer will provide reasonable notice through the Site of material changes to its Privacy Policy.
4. Profile Creation and Password
In order to open a profile, you will be asked to provide us with certain information such as:
Your first name;
Your last name;
Your email address;
and phone number.
HappyGamer uses your phone number to verify that it is in fact you that is creating a profile in your name. HappyGamer does this by sending a text message to Your phone number with a verification code.
You are solely responsible for maintaining the confidentiality of your profile and password, for restricting access to your computer and devices used to access your profile and Site, and for all activities that occur under your account or password. Please make sure the information you provide to HappyGamer upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by HappyGamer, you may not sell, rent, lease, share or provide access to your profile to anyone else, including without limitation charging anyone for access to administrative rights on your account. HappyGamer reserves all available legal rights and remedies to prevent unauthorized use of the Site and HappyGamer Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), contact HappyGamer immediately.
b. Third Party Accounts
HappyGamer may permit you to register for and log on to the Site via certain third-party services. The third-party’s collection use and disclosure of your information will be subject to that third-party service’s privacy policy.
5. Use of Devices and Site and HappyGamer Services
Access to the Site and HappyGamer Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Site and/or HappyGamer Services.
6. Modification of these Terms of Service
HappyGamer may amend any of the terms of these Terms of Service by posting the terms on the Site. Your continued use of the Site and/or HappyGamer Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
7. License
The HappyGamer Site and HappyGamer Services are owned and operated by HappyGamer, Inc. Unless otherwise indicated, all content, information, and other materials on the Site and HappyGamer Services (excluding User Content, below including, without limitation, HappyGamer’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the HappyGamer Services are the property of HappyGamer or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by HappyGamer, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Site and HappyGamer Services for your personal use or internal business use only.
HappyGamer reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Site or HappyGamer Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Site or HappyGamer Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Site or HappyGamer Services, the Materials, or any information contained in them, except as expressly permitted on the Site; or (f) any use of the Site or HappyGamer Services or the Materials except for their intended purposes. Any use of the Site or HappyGamer Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of HappyGamer, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. HappyGamer can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the Site or HappyGamer Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Site or HappyGamer Services; or (c) HappyGamer is unable to continue providing the Site or HappyGamer Services to you due to technical or legitimate business reasons.
8. User Content
HappyGamer allows users who create a profile on the Site to share gaming news, game reviews, gaming guides, commentary and journalism about gaming, game developers and gaming community. User Content includes the creation of blog posts that may incorporate pre-recorded audio and video, text and images, and other content that is permissible under the Terms herein.
a. License to HappyGamer
(i) Unless otherwise agreed to in a written agreement between you and HappyGamer that was signed by an authorized representative of HappyGamer, if you submit, transmit, display, perform, post or store User Content using the HappyGamer Services to the Site, you grant HappyGamer and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the HappyGamer Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that HappyGamer and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
(iii) With respect to incorporation of pre-recorded audio-visual works in User Content, the rights granted by you hereunder terminate once you delete such User Content from the HappyGamer Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the HappyGamer Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) HappyGamer used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
b. User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information third parties. HappyGamer reserves all rights and remedies against any users who breach these representations and warranties.
c. Content is Uploaded at Your Own Risk
HappyGamer uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, HappyGamer does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the fullest extent permitted by applicable law, you hereby agree that HappyGamer shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against HappyGamer for any such unauthorized copying or usage of the User Content, under any theory.
THE SITE, HAPPYGAMER SERVICES AND SECURITY MEASURES TO PROTECT USER CONTENT USED BY HAPPYGAMER HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
9. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on or using the Site or HappyGamer Services.
You agree that you will comply with these Terms of Service and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site or use the HappyGamer profiles of others without permission, misrepresent the source, identity, or content of information transmitted via the Site or HappyGamer Services, or perform any other similar fraudulent activity;
iii. make unsolicited offers, advertisements, proposals, or send junk mail or spam or similar transmittal to users of the Site or HappyGamer Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
iv. harvest or collect the email addresses or other contact information of other users from the Site;
v. defame, harass, abuse, threaten or defraud users of the Site or any third party using the Site or HappyGamer Services, or collect, or attempt to collect, or transmit the personal information of any third party individual without their consent;
vi. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, HappyGamer Services or User Content, features that prevent or restrict use or copying of any content accessible through the Site, features that enforce limitations on the use of the Site or User Content, or delete the copyright or other proprietary rights notices on the HappyGamer Services or User Content;
vii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage operation of the Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or threatening or harassing blog posts;
x. relay email from a third party’s mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used and/or licensed by HappyGamer, including but not limited to the HappyGamer Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures HappyGamer may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed HappyGamer, including but not limited to the HappyGamer Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the HappyGamer Services;
xiii. interfere with or disrupt the HappyGamer Services or servers or networks connected to the HappyGamer Services, or disobey any requirements, procedures, policies or regulations of networks connected to the HappyGamer Services; use the HappyGamer Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the HappyGamer Services, or that could damage, disable, overburden or impair the functioning of the HappyGamer Services in any manner;
xiv. use or attempt to use another user’s account without authorization from that user and HappyGamer;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the HappyGamer Services that you are not authorized to access;
xvi. attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xvii. use the HappyGamer Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
HappyGamer takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is HappyGamer liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the HappyGamer Services. Your use of the HappyGamer Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
HappyGamer is not liable for any statements or representations included in User Content. HappyGamer does not endorse any User Content, opinion, recommendation, or advice expressed therein, and HappyGamer expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, HappyGamer reserves the right to remove, screen or edit any User Content posted or stored on the HappyGamer Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the HappyGamer Services at your sole cost and expense. Any use of the HappyGamer Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the HappyGamer Services.
10. Respecting Copyright
HappyGamer respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Site infringes upon your copyright, please submit a notice following instructions in our DMCA Policy, which include further information about our policies, what to include in your notice, and where to submit your notice.
11. Third Party Content
In addition to the User Content, HappyGamer may provide other third-party content on the Site (collectively the “Third-Party Content”). HappyGamer does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the HappyGamer Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the Site (“Linked Sites”). HappyGamer does not control or endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites, and makes no representations or warranties of any kind regarding the Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.
12. Termination
To the fullest extent permitted by applicable law, HappyGamer reserves the right, without notice and in our sole discretion, to terminate your license to use the HappyGamer Services (including to post User Content), and to block or prevent your future access to and use of the Site and HappyGamer Services, including where we reasonably consider that: (a) your use of the Site and or HappyGamer Services violates these Terms of Service or applicable law(s); (b) you fraudulently use or misuse the Site or HappyGamer Services; or (c) we are unable to continue providing the Site or HappyGamer Services to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the HappyGamer Services, (ii) any term of these Terms of Service, (iii) any policy or practice of HappyGamer in operating the Site or administering HappyGamer Services, or (iv) any content or information transmitted through the Site or HappyGamer Services, is to terminate your profile and to discontinue use of any and all parts of the Site and HappyGamer Services.
13. Disputes
a. Indemnification
You agree to indemnify, defend, and hold harmless HappyGamer, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site and or the HappyGamer Services, any User Content you post, store or otherwise transmit in or through the Site, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein.
HappyGamer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HappyGamer, and you agree to cooperate with HappyGamer’s defense of these claims. HappyGamer will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your User Content or use of the Site.
b. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE HAPPYGAMER SITE AND SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY HAPPYGAMER; (B) HAPPYGAMER, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“HAPPYGAMER PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND HAPPYGAMER SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) HAPPYGAMER DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) HAPPYGAMER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY OR VIDEO; AND (E) WHILE HAPPYGAMER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE OR HAPPYGAMER SERVICES, HAPPYGAMER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR HAPPYGAMER SERVICES OR THE SERVERS HOSTING THE SITE (S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAPPYGAMER OR THROUGH THE SITE OR HAPPYGAMER SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM “HAPPYGAMER” INCLUDES HAPPYGAMER’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
c. Limitation of Liability and Damages
i. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HAPPYGAMER OR THE HAPPYGAMER PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR HAPPYGAMER SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HAPPYGAMER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS OR ATTEMPTED UNAUTHORIZED ACCESS TO HAPPYGAMER’S RECORDS, SITE OR HAPPYGAMER SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAPPYGAMER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE HAPPYGAMER SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR HAPPYGAMER SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
ii. Linked Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HAPPYGAMER AND RECEIVED THROUGH OR ADVERTISED ON HAPPYGAMER OR RECEIVED THROUGH ANY LINKED SITES.
iii. Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT HAPPYGAMER HAS OFFERED THE SITE AND HAPPYGAMER SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, IF ANY, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HAPPYGAMER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAPPYGAMER. HAPPYGAMER WOULD NOT BE ABLE TO PROVIDE THE SITE OR HAPPYGAMER SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Applicable Law and Venue
(i) To the fullest extent permitted by applicable law, you and HappyGamer agree that if you are a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HAPPYGAMER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HAPPYGAMER.
You and HappyGamer agree to arbitrate any dispute arising from these Terms of Service or your use of the Site and HappyGamer Services, except that you and HappyGamer are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and HappyGamer agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to HappyGamer shall be sent to HappyGamer, Inc at weblegal@happygamer.com. You and HappyGamer further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Los Angeles County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Los Angeles County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and HappyGamer will not commence against the other a class action, class arbitration or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply:
Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence.
Any disputes, claims or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts within your jurisdiction of residence.
Claims
YOU AND HAPPYGAMER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR HAPPYGAMER SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES AND OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14. Miscellaneous
a. Waiver
If HappyGamer fails to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
b. Severability.
If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
c. Assignment.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HappyGamer without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
d. Survival.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
e. Entire Agreement.
The Terms of Service, together with the Privacy Policy, and HappyGamer’s Community Guidelines (for registered users) and others that may from time to time be incorporated herein, is the entire agreement between you and HappyGamer relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service by HappyGamer, as set forth above.
This policy was updated March 7, 2019.
