The terms of this agreement ("Terms of Service") govern the relationship between you
and hollo Devolopers, (hereinafter "Us"or "We") regarding your use of hollo
Devolopers's games, websites and related services (the "Service"). Use of the
Service is also governed by hollo Devolopers's Privacy Policy and other relevant
policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any hollo
Devolopers website or accessing a game, you must agree to these Terms of Service and
the Privacy Policy. You may also be required to register an account on the Service
(an"Account"). By registering for an Account or otherwise using the Service, you
represent that you are age 13 or older. If you are between the ages of 13 and 17,
you represent that your legal guardian has reviewed and agreed to these Terms.
BY INSTALLING,USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE
TERMS OF SERVICE.IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT
INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE
PROHIBITED.
hollo Devolopers reserves the right,at its discretion, to change, modify,
add or remove portions of these Terms of Service, its Privacy Policy and other
relevant hollo Devolopers policies at any time by posting the amended terms on the
hollo Devolopers Service. You will be deemed to have accepted such changes by
continuing to use the Service. If at any point you do not agree to any portion of
the then-current version of our Terms of Service, the hollo Devolopers Privacy
Policy, or any other hollo Devolopers policy, rules or codes of conduct relating to
your use of the Service, your license to use the Service shall immediately
terminate, and you must immediately stop using the Service.
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of
Service and any other relevant hollo Devolopers policies,hollo Devolopers grants you
a non-exclusive,non-transferable, non-sublicensable, revocable and limited license
to access and use the Service for your own non-commercial entertainment purposes.
You agree not to use the Service for any other purpose. The following restrictions
apply to the use of the Service:
You shall not create an Account or access the Service if you are under the
age of 13; You shall restrict use 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. You are responsible for any use of your credit card or other
payment instrument (e.g.paypal) by minors. You shall not (or attempt to) purchase,
sell,rent or give away your Account, create an Account using a false identity or
information, or on behalf of someone other than yourself; You shall not use the
Service if you have previously been removed by hollo Devolopers, or previously been
banned from playing any hollo Devolopers game.
You shall use your Account only for non-commercial purposes; You shall not
use the Service to advertise, or solicit, or transmit any commercial advertisements,
including chain letters,junk or spam e-mail or repetitive or misleading messages to
anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also
use other credentials to access the Account ("Login Information"). You shall not
share the Account or the Login Information, nor let anyone else access your Account
or do anything else that might jeopardize the security of your Account.In the event
you become aware of or reasonably suspect any breach of security,including without
limitation any loss, theft, or unauthorized disclosure of the Login Information, you
must immediately notify hollo Devolopers and modify your Login Information. You are
solely responsible for maintaining the confidentiality of the Login Information, and
you will be responsible for all uses of the Login Information, including purchases,
whether or not authorized by you. You are responsible for anything that happens
through your Account.
hollo Devolopers reserves the right to remove or reclaim any usernames at
any time and for any reason,including but not limited to claims by a third party
that a username violates the third party's rights.
The Service supports only one Account per game on a supported device.
Use or 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 Service, any hollo Devolopers game or any
hollo Devolopers game experience.
Modify or cause to be modified any files that are a part of the Service or
any hollo Devolopers game without hollo Devolopers's express written consent.
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 or playing hollo Devolopers's games. This includes win trading and
any other kind of manipulation of rankings, taking advantage of errors in the
Service to gain an unfair edge over other players and any other act that
intentionally abuses or goes against the design of the Service.
Collect or post anyone's private information,including personally
identifiable information (whether in text, image or video form), identification
documents, or financial information through the Service.
hollo Devolopers reserves the right to determine what conduct it considers
to be in violation of the rules of use or otherwise outside the intent or spirit of
these Terms of Service or the Service itself.hollo Devolopers reserves the right to
take action as a result,which may include terminating your Account and prohibiting
you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES,hollo Devolopers MAY LIMIT, SUSPEND,
TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF
IF YOU ARE, OR hollo Devolopers SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF
THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE
SERVICE, WITH OR 2.WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN
THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY
BENEFITS,PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF
THE SERVICE, AND hollo Devolopers IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY
SUCH LOSSES OR RESULTS.
hollo Devolopers reserves the right to stop offering and/or supporting the
Service or a particular game or part of the Service at any time, at which point your
license to use the Service or a part thereof will be automatically terminated. In
such event,hollo Devolopers shall not be required to provide refunds, benefits or
other compensation to users in connection with such discontinued Service.
Termination of your Account can include disabling your access to the Service or any
part thereof including any content you submitted or others submitted.
2.1.Games and Service
All rights, title and interest in and to the Service (including without
limitation any games,titles, computer code, themes, objects, characters, character
names, stories,dialogue, catch phrases, concepts, artwork, animations, sounds,
musical compositions, audio-visual effects, methods of operation, moral
rights,documentation, in-game chat transcripts, character profile
information,recordings of games played using a hollo Devolopers game client, and the
hollo Devolopers game clients and server software) are owned by hollo
Devolopers.hollo Devolopers reserves all rights, including without limitation, all
intellectual property rights or other proprietary rights, in connection with its
games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE
THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU
FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL
FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF hollo Devolopers.
2.3. Virtual Items
hollo Devolopers owns, has licensed, or otherwise has rights to use all of
the content that appears in the Service or in hollo Devolopers 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 goods or currency appearing or originating in any hollo
Devolopers game, whether earned in a game or purchased from hollo Devolopers, or any
other attributes associated with an Account or stored on the Service.
3.1. Submission of User Content
User Content means any communications, images, sounds, and all the
material,data, and information that you upload or transmit through a hollo
Devolopers game client or the Service, or that other users upload or transmit,
including without limitation any chat text. By transmitting or submitting any User
Content while using the Service, you affirm, represent and warrant that such
transmission or submission is (a) accurate and not confidential or misleading;(b)
not in violation of any laws, contractual restrictions or other third party rights,
and that you have permission from any third party whose personal information or
intellectual property is comprised in the User Content; (c) free of viruses, adware,
spyware, worms or other malicious code; and (d) you acknowledge and agree that any
of your personal information within such content will at all times be processed by
hollo Devolopers in accordance with its Privacy Policy.
3.1.1. Content Screening
hollo Devolopers assumes no responsibility for the conduct of any user
submitting any User Content, and assumes no responsibility for monitoring the
Service for inappropriate content or conduct. We do not, and cannot, pre-screen or
monitor all User Content. Your use of the Service is at your own risk. By using the
Service, you may be exposed to User Content that is offensive, indecent or otherwise
not in line with your expectations. You bear all risks associated with the use of
any User Content available in connection with the Service. At our discretion, our
representatives or technology may monitor and/or record your interaction with the
Service or communications (including without limitation chat text) when you are
using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable
consent to such monitoring and recording. You acknowledge and agree that you have no
expectation of privacy concerning the transmission of any User Content,including
without limitation chat text or voice communications.
hollo Devolopers reserves the right in its sole discretion to review,
monitor, prohibit, edit, delete,disable access to or otherwise make unavailable any
User Content (including without limitation your User Content) without notice for any
reason or for no reason at any time. If at any time hollo Devolopers chooses, in its
sole discretion,to monitor the Service,hollo Devolopers nonetheless assumes no
responsibility for User Content and assumes no obligation to modify or remove any
inappropriate User Content. We have the right, but not the obligation, in our sole
discretion to edit, refuse to post, or remove any User Content.
3.2. InformationUse by Other Members of the Service
3.2.1.Public Discourse
The Service may include various forums, blogs and chat features where you
can post User Content, including your observations and comments on designated
topics.hollo Devolopers cannot guarantee that other members will not use the ideas
and information that you share. Therefore, if you have an idea or information that
you would like to keep confidential and/or don't want others to use, do not post it
on the Service.hollo Devolopers shall have no responsibility to evaluate, use or
compensate you for any ideas or information you may choose to submit.
3.2.2. ResponsibleFor Your Own Content
You are solely responsible for the information that you post on, through or
in connection with the Service and that you provide to others.hollo Devolopers may
reject, refuse to post or delete any User Content for any or no reason, including,
but not limited to, User Content that in the sole judgment of hollo Devolopers
violates these Terms of Service.
3.2.3. Your License to hollo Devolopers
You hereby grant to hollo Devolopers 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 Service,including marketing
and promotions of the Service. You also hereby grant to hollo Devolopers the right
to authorize others to exercise any of the rights granted to hollo Devolopers under
these Terms of Service. You further hereby grant to hollo Devolopers 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 bylaw, 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.hollo Devolopers 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.hollo Devolopers has no obligation to
monitor or enforce your intellectual property rights in or to your User Content.
4.1. Purchases
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 or diamonds or other applicable
currency, all for use in hollo Devolopers games; (b) "virtual in-game items"
(together with "virtual currency", "Virtual Items"); and (c) other goods or services
("Merchandise"). You are only allowed to purchase Virtual Items from us or our
authorized partners through the Service, and not in any other way.
hollo Devolopers may manage,regulate, control, modify or eliminate Virtual
Items and/or Merchandise at anytime, with or without notice.hollo Devolopers shall
have no liability to you or any third party in the event that hollo Devolopers
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, purchase, redeem or otherwise transfer Virtual Items or
Merchandise to any person or entity or attempt any of the aforesaid, including but
not limited to hollo Devolopers, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE
FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in hollo Devolopers games is a
service provided by hollo Devolopers that commences immediately upon acceptance by
hollo Devolopers of your purchase.
You understand that the Service is an evolving one.hollo Devolopers may require that you accept updates to the Service and to hollo Devolopers's games you have installed on your device or computer. You acknowledge and agree that hollo Devolopers may update the Service and hollo Devolopers games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play hollo Devolopers games.
WITHOUT LIMITING hollo Devolopers 'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, 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.
hollo Devolopers DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE
SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE
SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties.
Accordingly, some of the above disclaimers may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW,hollo Devolopers 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 hollo Devolopers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW,hollo Devolopers SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO hollo Devolopers 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 hollo Devolopers DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND hollo Devolopers'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH hollo Devolopers IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
If a dispute arises between you and hollo Devolopers, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support contact via email([email protected]).
9.1. Assignment
hollo Devolopers may assign or delegate these Terms of Service and/or the
hollo Devolopers Privacy Policy, in whole or in part, to any person or entity at any
time with or without your consent.You may not assign or delegate any rights or
obligations under the Terms of Service or Privacy Policy without hollo Devolopers's
prior written consent, and any unauthorized assignment and delegation by you is
ineffective.
9.2. Supplemental Policies
hollo Devolopers may publish additional policies related to specific
services such as forums, contests or loyalty programs. Your right to use such
services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents
expressly incorporated by reference herein (including the hollo Devolopers Privacy
Policy), contain the entire understanding of you and hollo Devolopers, and supersede
all prior understandings of the parties hereto relating to the subject matter
hereof, whether electronic,oral or written, or whether established by custom,
practice, policy or precedent, between you and us with respect to the Service.
9.4. No Waiver
The failure of hollo Devolopers to require or enforce strict performance by
you of any provision of these Terms of Service or the hollo Devolopers Privacy
Policy or failure to exercise any right under them shall not be construed as a
waiver or relinquishment of hollo Devolopers's right to assert or rely upon any such
provision or right in that or any other instance.
9.5. Force Majeure
hollo Devolopers shall not be liable for any delay or failure to perform
resulting from causes outside the reasonable control of hollo Devolopers, including
without limitation any failure to perform here under due to unforeseen circumstances
or cause beyond hollo Devolopers's 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.