The terms of this agreement (the "Terms of Service") govern the relationship between you and Rhymus Entertainment Inc. and/or its affiliates ( "Rhymus," "we," or "us") regarding your use of Rhymus's mobile games ("Rhymus Games") and related services, including, without limitation, the use of Rhymus Games, participation in an online community for Rhymus Games or social network services offered via the Hive Platform or Rhymus branded websites (collectively, the "Rhymus Service").
Rhymus owns, has licensed, or otherwise has the right to use all of the content that appears in the Rhymus Service, including, without limitation, a user account, virtual items and virtual currencies. YOU ACKNOWLEDGE AND AGREE TH AT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A GUEST OR HIVE ACCOUNT (COLLECTIVELY, "GAME ACCOUNTS"), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO A GAME ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF RHYMUS
Rhymus hereby grant you a non-exclusive, non-transferable, and revocable limited license to use the Rhymus Service subject to the terms of the Rhymus Policy. You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under the Rhymus Policy, not the ownership interest in them. Any "virtual currency" balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Rhymus prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of the Rhymus Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Rhymus Service, unless expressly authorized by Rhymus. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
If you use the Rhymus Service, we will create and assign to your device an identifier that is similar to an account number ("Guest Accounts"). We will use the Guest Account information for providing customer supports.
You agree to pay all fees and applicable taxes incurred by you. Rhymus may revise the pricing for the goods and services it licenses to you through the Rhymus Service at any time.
YOU AGREE AND ACKNOWLEDGE THAT RHYMUS 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 A GAME ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Notwithstanding the foregoing, if you verify in a reasonable way that you reside in the European Union and you purchase virtual items or currencies from Rhymus, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. You acknowledge and agree that the performance of our service is deemed to begin once you use any portion of virtual currencies or virtual items in playing Rhymus Games, which result in losing your right of withdrawal. Some of Rhymus Games may be described as a "free game" within the description page of App marketplaces.
Rhymus may feature advertisements from third parties or provide links on the Rhymus Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Rhymus Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. Rhymus makes no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Rhymus and may collect data or solicit personal information from you. Rhymus is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the "options" or "settings" page within the relevant game. You may also be able to manage them from your device's settings page for the relevant game. We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.
The Digital Millennium Copyright Act ("DMCA") provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe in good faith that any materials in Rhymus Games, or Rhymus branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to Rhymus's designated agent set forth below. For your notice to be effective, it must include the following information:
(a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly Infringed; and
(e) Your physical or electronic signature.
The contact information of Rhymus's designated agent is as follows:
Attn: Legal Affair Department Agent
5 North Corporate Drive
Riverdale, NJ 07457
If your User Content or other information has been taken down by the above-infringement notification, you may send Rhymus's designated agent a counter-notification that contains the following information:
(a) Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled;
(b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
(c) Your name, address, and email address; and
(d) Your physical or electronic signature.
Please bear in mind that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others.
You are solely responsible for your interactions with other users of the Rhymus Service. We may, at its sole discretion, attempt to mediate disputes between users, but is not obliged to become involved in any way with such disputes.
If you have a dispute with any users of the Rhymus Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
RHYMUS MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE RHYMUS SERVICE AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAILS TO COMPLAY WITH ANY PORTION OF THE RHYMUS POLICY. Rhymus reserves the right to stop providing or supporting any part of the Rhymus Service or a particular game at any time either permanently or temporarily, at which point your license to use the Rhymus Service or a part thereof will be automatically terminated or suspended. In such an event, Rhymus is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Rhymus Service
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE RHYMUS SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER RHYMUS NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, COOPERATORS OF THE HIVE PLATFORN, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "RHYMUS PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT RHYMUS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT RHYMUS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RHYMUS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL RHYMUS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID RHYMUS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
You agree to indemnify and hold harmless Rhymus Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the Rhymus Service, (b) any violation by you of the Rhymus Policy, or (c) any breach of the representations, warranties, and covenants made by you herein. Rhymus may assume the defense of any matter for which you are required to indemnify Rhymus by sending notice of such an intention to you. You shall use best efforts to cooperate with Rhymus's defense of these claims.
The laws of the State of New Jersey (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the Rhymus Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. All claims filed or brought contrary to Section 13.2. will be considered improperly filed. If you file a claim improperly, Rhymus will be entitled to recover attorney fees and costs up to $1,000, provided that Rhymus has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
The Rhymus Policy is complete and exclusive understanding of you and Rhymus relating to your use of the Rhymus Service, and supersedes all prior understandings of the parties hereto.
The failure of Rhymus to require or enforce strict performance by you of any provision of the Rhymus Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Rhymus's right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Rhymus in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.
Rhymus will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of Rhymus, including, without limitation, any failure to perform under the Rhymus Policy due to unforeseen cause beyond Rhymus's control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber-crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials
If any portion of the Rhymus Policy is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the Rhymus Policy remain in full force and effect.