Effective as from 1 November 2020.
Welcome to Happy Penny Games (a.k.a. "we" or "us" or the "Company"). We are excited to have you as a user of our content and as a member of the community. The following terms and conditions (collectively, these "Terms of Service") apply to your use of Happy Penny Games including any content, functionality and services offered on or via Happy Penny Games via a website or an application or a representative of Happy Penny Games (collectively the "Website"). The Terms of Service also include our Privacy Policy, that you can review here: Privacy Policy. We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Happy Penny Games, because by using the Website you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you must leave the Website, but please let us know at happypennygames@gmail.com. We'll be happy to hear your comments and suggestions.
Happy Penny Games reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on Happy Penny Games, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
The Website and its original content, features and functionality (including look!), are owned by Happy Penny Games and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: happypennygames@gmail.com.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
We ecourage your feedback, in the form of Content as defined above, and including but not limited to reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.
The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
If you agree to pay the fee for access to the applicable Happy Penny Games Service, such fee will be processed by Google through the Google Play Store.
Happy Penny Games may change the price for the Happy Penny Games Paid Service from time to time. In respect of the Happy Penny Games Paid Service, such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you at least 14 days in advance so that you have an opportunity to elect to not renew. If you do not wish to be bound by such changed price relating to your Happy Penny Games Paid Service you may terminate your subscription of your Happy Penny Games Paid Service in accordance with Section 9 (Term and termination). Your continued use of the Happy Penny Games Paid Service after the communication of such price change to you constitutes an acceptance of such new price.
If the service you have purchased is a subscription based service, your subscription to the Happy Penny Games Paid Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 9 (Term and termination). Such renewal will always be for a monthly subscription term, even if the previous subscription term was for a longer period. At the time of renewal the payment method you have designated to be charged for the purchase of the Happy Penny GamesPaid Service will automatically be charged our then current fees for the applicable subscription.
Your use of Happy Penny Games Website, products, and/or services are at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, products, and services and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the product(s) and/or service(s) which you have purchased or for which you have an active subscription access. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party's property or information.
This Agreement will become effective in relation to you when you create a Happy Penny Games account or when you start using the Happy Penny Games Service and will remain effective until terminated by you or Happy Penny Games. If you have a subscription service, you may cancel your subscription of the Happy Penny Games Paid Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). Happy Penny Games will not refund any remaining portion of subscription fees you have already paid for. Happy Penny Games reserves the right to terminate this Agreement or suspend your Happy Penny Games account at any time in case of unauthorized, or suspected unauthorized use of the Happy Penny Games Service whether in contravention of this Agreement or otherwise. If Happy Penny Games terminates this Agreement, or suspends your Happy Penny Games account for any of the reasons set out in this section, Happy Penny Games shall have no liability or responsibility to you, and Happy Penny Games will not refund any amounts that you have previously paid.
Happy Penny Games respects intellectual property rights, and expects you to do the same. The Happy Penny Games Service and the content provided through the Happy Penny Games Service is the property of Happy Penny Games or Happy Penny Games's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the Happy Penny Games Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the Happy Penny Games Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Happy Penny Games Service.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities. If you believe that any User Content violate your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Information reasonably sufficient for us to contact you, such as email, address, telephone number. A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The notice should be addressed to happypennygames@gmail.com, or via snail mail to DMCA Designated Agent, c/o Happy Penny Games, 269 Cambridge Rd, Suite 403, Woburn, MA 01801.
Happy Penny Games will make reasonable efforts to keep the Happy Penny Games products and Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Happy Penny Games reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Happy Penny GamesService with or without notice.
Happy Penny Gamesmay assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
This Agreement together with the Happy Penny Games Privacy Policy, (the Agreements) constitutes all the terms and conditions agreed upon between you and Happy Penny Games and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to Happy Penny Games are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Happy Penny Games not contained in this Agreement.
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
i. You and Happy Penny Games agree that any dispute, claim or controversy arising out of or relating in any way to the Happy Penny Games Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Happy Penny Games are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your Happy Penny Games subscription. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and as administered by the AAA. ii. You and Happy Penny Games agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Happy Penny Games Service are NOT subject to mandatory arbitration. Instead, you and Happy Penny Games agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Woburn, Massachusetts, and that applicable Massachusetts and/or Federal law shall govern, without regarding to choice of law principals. iii. YOU AND Happy Penny Games AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Happy Penny Games. Any arbitration costs or fees deemed "excessive" will be paid by Happy Penny Games. v. You and Happy Penny Games agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and Happy Penny Gamesfurther agree that applicable laws of the State of Massachusetts shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Woburn, Massachusetts.
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.