1. ABOUT US
2. REGISTRATION AND ACCOUNT
2.2. You may create an account on the Service (“Account”). By creating an Account, you confirm that you are 16 years of age or older.
2.3. A username is a unique identifier either selected by you or provided by us, and is used to identify you on the Service. You may only have one account on the H5Games Sites and one account per game. H5Games reserves the right to delete any of your accounts, in case you have multiple accounts. You may not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. Please notify us immediately if your Account has been unauthorized accessed and modify your login details immediately. You are solely responsible for maintaining the confidentiality of the login details, and for any purchases made through your Account, whether or not authorized by you. If you provided us with contact information, you shall keep it accurate and up-to-date. You shall only use your Account for non-commercial purposes.
2.4. H5Games reserves the right to terminate and permanently deactivate your Account if it has been inactive for 180 days. In case of deactivation, we have no obligation to retain or provide any data or content related to, or refund any payments made through your (former) Account, and we may allow another user to register and use your former username. We also have no obligation to remove any public data, content, or other information that you uploaded or posted on the Service.
3. USER GENERATED CONTENT
3.1. The Service may contain content from players (“User Generated Content”), such as messages, wall posts, opinions comments, pictures, or graphics. We are not actively involved in the creation nor publication of such User Generated Content, and we do not endorse any User Generated Content, nor do we warrant that such content does not infringe any third party rights or is not (otherwise) unlawful. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Generated Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Generated Content available in connection with the Service. H5Games is not responsible nor liable for any User Generated Content.
3.2. If you submit any User Generated Content yourself, you grant H5Games a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) to use, publish, reproduce, distribute, adjust, prepare derivative works of, or otherwise exploit in any manner whatsoever such submitted User Generated Content, or any portion thereof, by any and all means and in all forms of media, now known or hereafter developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have regarding such User Generated Content.
3.3. Without prejudice to 3.2, you will retain possible ownership in your User Generated Content. We reserve the right to monitor any User Generated Content and your activities in connection with the Service, but cannot monitor or prescreen all of the User Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted on the Service at our own discretion, for any reason whatsoever at any time.
3.4. If you submit any User Generated Content to the Service, you:
● acknowledge and agree that every user of the Service may have access to such User Generated Content, and that H5Games has no control over that information or what users do with it;
● warrant that you are authorized to do so and to grant H5Games the license referred to in 3.2, and that such content does not infringe any third party rights, including but not limited to any intellectual property rights, and does not violate any applicable law. You indemnify H5Games against any third party (among which any authorities) claims, related costs and damages in this respect.
3.5. Upon first request, you will cooperate with H5Games to investigate any suspected unlawful, fraudulent or improper User Generated Content (whether from yourself or another player) or other activities on the Service. You indemnify H5Games and its officers, directors, agents, subsidiaries, joint ventures and employees) against any claims, related costs and damages arising out of or in any way connected with any disputes with Service users or other third parties that may arise on, or in connection with the Service.
4. ADVERTISEMENTS AND THIRD PARTY CONTENT
4.1. When providing you with our games on the Service we may display advertising before, in, after or around such games. Any dealings you engage in with any advertisers via our Service are between you and the advertiser, and subject to additional terms and conditions from such advertiser (if any). H5Games is not liable for any loss or claim you may have against any advertiser.
4.2. The Service may include links to websites of third parties, including links provided as automated search results. The existence of such links does not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party sites.
5. CONDUCT ON THE SERVICE
5.1. You may use the Service offered on it only for lawful, personal, non-commercial purposes. To the extent any content is available for downloading, such content may only be downloaded for personal use, and may not be further reproduced or distributed. Any download is subject to the rules that accompany that particular content.
5.2. You may not:
● engage in any act that H5Games deems to be in conflict with the spirit or intent of the Service
● use 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 a manner that exceeds the rights granted for your use;
● use the Service for any data mining, robots, or similar data-gathering and -extraction tools on the content; frame any portion of the Service
● reproduce, copy, adjust, display, modify, translate, port, publish, (sub)license, transfer, or otherwise distribute or exploit the content available on the Service without our prior written consent;
● reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by H5Games.
● offer any form of advertising or promotion on the Service without our prior written consent;
● provide any false personal information, or any information, content, or material on account of a third party without permission;
● transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages) through the Service;
● use the Service in a manner that could damage, disable, or overburden our servers or networks;
● interfere with any other party's use and enjoyment of the Service; or
● circumvent any mechanisms included in the Service for preventing the unauthorized reproduction or distribution of any content on the Service. 5.3. You may not submit or transmit through the Service any information, content, or material or otherwise engage in any conduct that:
● violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
● is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
● victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
● impersonates any person, business, or entity, including H5Games and its employees and agents;
● contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
● encourages conduct that would constitute a criminal offense or give rise to civil liability; or