PRODUCT LICENSE AND SERVICE AGREEMENT (the “Agreement”)
The following terms and conditions (“Terms”) apply to your use of the services of HyperReuts and its affiliates or other related entities (“HyperReuts”, “we” “us” or “our”), including any content, functionality, products, and services offered on or through such services, whether as a guest or a registered user. These Terms also apply to your use of other HyperReuts services that display or include these Terms (“Additional Services”). In these Terms Additional Services are collectively referred to as the “Services.”
Any of the trademarks, service marks, collective marks, design rights, personality rights, or similar rights that are mentioned, used, or cited in services of HyperReuts are the property of their respective owners.
It should be understood that HyperReuts content and materials are trademarks and copyrights of HyperReuts or its licencors. All rights reserved
1 Changes to the agreement
HyperReuts reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time. We may update these Terms from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
3 Access and costs
No third party costs can be assigned to us. You acknowledge and agree that you will provide at your own costs for any expenses required to access and use the product. We do not guarantee that any product can be accessed on all devices such as laptops, personal computers, game consoles, phones or other devices. We do not guarantee the accessibility of any internet service, or connection provider.
For some of our services, content is only accessible through online hosting and or other online services. All such services are provided subject to the terms of this agreement.
The Services, including all content, features, and functionality thereof, are owned by HyperReuts, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, and other intellectual property or proprietary rights laws. Also, the Dutch law is applicable.
You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of HyperReuts. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.
You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services.
For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.
HyperReuts grants you a personal, limited, non-exclusive license to use the Product for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use the Product is non-transferable. You may not rent, lease, lend, sell, redistribute or sublicense the Product. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application). If you breach the terms of this Agreement, you may be subject to prosecution and damages. The terms of this Agreement will govern any upgrades provided by HyperReuts that replace and/or supplement the Product, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.
The license rights granted to you herein are also subject to the limitations set forth below. Any use of the Product in violation of these limitations is a material breach of the Agreement, subjects you to immediate revocation of your license, and will be regarded as an infringement of HyperReuts copyrights and other rights in and to the Product. You agree that you will not, under any circumstances:
use, develop, host or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Product, or engage in any form of cheating, boosting, or booting
exploit or reverse engineer the Product (or any of its parts), for any commercial purpose, including without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of HyperReuts; (b) for gathering in-game currency, items or resources for sale outside the Product; (c) performing in-game services in exchange for payment outside the Product, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Product materials, access, or rights
Use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Product
Except as authorized by HyperReuts in writing, host, provide or develop matchmaking services for the Product, or intercept, emulate or redirect the communication protocols used by HyperReuts in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
Facilitate, create or maintain any unauthorized connection to the Product, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Product; and (b) any connection using programs or tools not expressly approved by HyperReuts in writing;
Violate any applicable law or regulation in connection with your use of Product;
Disrupt or assist in the disruption of: (i) any computer, device or server used to support the Product; or (ii) any other player’s use of a Product.
interfere or attempt to interfere with the operation of the Product in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses or time bombs; or
Reproduce, distribute, display, transfer or use any part of the Product except as expressly authorized by HyperReuts.
6 User contributions
The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to HyperReuts and other users (“Post”) content or materials (“User Contributions”) on or through the Services.
All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant HyperReuts a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. HyperReuts takes no responsibility and assumes no liability for any content Posted by you or any third party.
HyperReuts has the right but not the obligation to monitor and edit or remove any User Contributions. HyperReuts also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
7 Notice and procedure for making claims of copyright infringement
HyperReuts respects the intellectual property rights of others and expects its players and the users of its services to do the same. If you believe that any content appearing in the Product and/or UGC has been copied in a way that constitutes copyright infringement, please forward the following information to the address listed below.
To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:
- Your name, address, telephone number, and email address;
- Description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
1883AA Amstelveen, The Netherlands
8 HyperReuts account
Access to and use of certain additional functions and/or benefits of the Services are subject to the creation of an account with HyperReuts (the “Account”).
To create an Account, you must have an e-mail address and supply truthful and accurate information. You must be authorized to use the Services for which you register, and in particular meet the age criteria. Certain Services may require the creation of a “Username” or an “avatar”. Usernames and avatars are linked to your Account. You may not use a Username and/or an avatar which is already used by someone else, which does not meet the requirements of these Terms or the ethical rules which apply on the Internet, or which is insulting, vulgar, obscene, defamatory or in any other way in violation of the rights of others (in particular, without limitation, name rights and image rights). Except if specifically allowed within the Service, you acknowledge that you may not create multiple Accounts and that you will immediately close your additional Account upon HyperReuts’s request. HyperReuts advises you not to include your surname in your Username. You agree to your Username being publicly displayed in the course of the use of the Services. HyperReuts reserves the right to refuse registration of, or cancel, a Username in its sole discretion.
You are solely responsible for maintaining the confidentiality and security of your Account and any User identifications, passwords, authentication codes or other security devices or procedures (collectively “Password”). Do not reveal the Password of your Account to outside parties. We are not responsible for any losses arising out of the unauthorized use of your Account. HyperReuts will never ask you to reveal your Password and will never take the initiative of contacting you to ask you for the memory joggers associated with your Password. We reserve the right to suspend your access to the Services and change (or require you to change) your Password at any time. Any use of your Account with your Password, and in particular any purchase of Services, is deemed to be carried out by you.
If any contact details (including without limitation, Username, e-mail address and billing address) change, you agree to notify HyperReuts in writing within thirty (30) days of the occurrence of such change.
9 Consent to monitor
Communications made using a Product should not be considered private. HyperReuts may monitor and/or record your communications (including without limitation chat text) when you are using a Product, and you hereby provide your irrevocable, express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any user generated content or communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information.
Additionally, HyperReuts may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if HyperReuts believes that doing so may protect its own rights and property or your safety or the safety of others
10 Customer service
Do you have any questions, complaint or something else? Contact support: email@example.com
We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.
The license granted under this Agreement is effective until terminated by you or HyperReuts. Your rights under this Agreement will terminate automatically without notice from HyperReuts if you fail to comply with any term(s) of this Agreement or applicable Third Party Terms. Upon termination of the license, you shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
12 Third parties
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The Product may enable, or require, access to other third party materials, services or web sites (“Third Party Materials”). Use of Third Party Materials may require additional terms of service.
You understand that by using any Third Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use Third Party Materials at your sole risk; that HyperReuts shall not have any liability to you for Third Party Materials; HyperReuts is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Third Party Materials are provided solely as a convenience to you.
13 Limitation of liability and warrenty disclosure
To the full extent permissible by law, HyperReuts will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this Agreement.
The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by HyperReuts on an “as is” and “as available” basis. HyperReuts makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, HyperReuts disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HyperReuts does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, HyperReuts servers, or electronic communications sent from HyperReuts are free of viruses or other harmful components.
14 Risk of Loss
You bear all risk of loss for accessing or completing the download of any Product and for any loss of any Product that you have accessed or downloaded, including any loss due to a file corruption or Device crash.
Any Product may be available for limited periods of time, and/or subject to other access restrictions (including for example, possession of other specific Product(s) for access or use). Products may become unavailable due to potential content provider licensing restrictions or other reasons; HyperReuts will not be liable to you if any Product is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
Except as otherwise set forth herein, HyperReuts does not guarantee that any particular Product or Service Provided Content will be available at all times or at any given time or that HyperReuts will continue to offer the Product or Service Provided Content for any particular length of time. HyperReuts may change and update the Product or Service Provided Content without notice to you. HyperReuts makes no warranty or representation regarding the availability of online Product features and reserves the right to modify or discontinue online Product features in its discretion without notice, including for example, ceasing an online service for economic reasons due to a limited number of users continuing to make use of the online service over time.
In addition, Products that may be accessed from, displayed on or linked to from a Device are not available in all languages or in all countries.
All title, ownership, and intellectual property rights in and to the Product (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by HyperReuts and/or HyperReuts licensor(s). The Product is licensed, not sold, for your use. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights in the Product.
You acknowledge and agree that, other than license granted to you by this agreement, you shall have no ownership or other property interest in any product or service provided content (including without limitation any virtual goods), and you further acknowledge and agree that to the fullest extent permitted by applicable law all rights in and to such products and service provided content are and shall forever be owned by and inure to the benefit of HyperReuts and its licensors.
You agree that all Products and Third Party Materials contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use. No portion of the Products or Third Party Materials may be reproduced in any form or by any means other than as permitted under applicable license.
You agree to pay all fees and applicable taxes incurred by you or anyone using a product from your device.
To the fullest extent permitted by applicable law, you acknowledge that HyperReuts is not required to provide a refund for any reason, and that you will not receive money back when an account is closed prior to expiry of any subscription or membership plan, whether such closure was voluntary or involuntary.
If you access content protected with Digital Rights Management (DRM), the software may automatically request media usage rights from a rights server online and download and install DRM updates so that you can play the content.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in HyperReuts’s sole judgment)
20 Unreal Engine
Some product of HyperReuts includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. HyperReuts, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, HyperReuts, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Product, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Product, or will not revoke approval of this Product for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by HyperReuts and Epic. HyperReuts, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither HyperReuts, Epic, Epic’s licensors, nor its or their affiliates, nor any of HyperReuts’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will HyperReuts, Epic, Epic’s licensors, nor its or their affiliates, nor any of HyperReuts’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of HyperReuts’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if HyperReuts, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of HyperReuts, Epic, Epic’s licensors, its and their affiliates, and any of HyperReuts’s or Epic’s service providers shall be limited to the full extent permitted by law.