19 Sep 2019

Terms of Use

Versão em Português

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, USING THIS APP, YOU AGREE TO BE UNDER THE TERMS AND CONDITIONS DESCRIBED HEREIN AND WITH ALL TERMS INCORPORATED BY REMISSION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE OR THE GAME.

These are the Helmet64 Studio Ltd. Terms of Use (“Terms of Use”, “Agreement”, “Document” (“Helmet64 Studio”, “H64”) that govern your access to and use of the services of any game operated by Helmet64 Studio and all program features and services offered. The Site, the Game, the features, program, and services offered collectively constitute the “Use” or “Service”. This Document applies to all customers, visitors, users of the Site and the Game and their respective pages (“you”, “your”, “user”, “users”).

Our content complies with the Child Privacy Protection Act (COPPA) and will never be directed to children under 12 years of age. the Site and the Game are not intended for you if you are under the age of 12, and you are therefore not permitted to access the Site or the Game unless your parents or guardians have provided such consent and accept this Agreement with you. all terms applicable to the end user on your behalf prior to your use of the Site or the Game.

1.LEGAL AGREEMENT

These Terms of Use constitute a legal agreement between you and Helmet64 Studio. Your use of the Site or Game presumes that you have read, understood and agreed to the terms and conditions of this Document and your agreement to comply with the Privacy Policy and any Rules of Conduct located on the Site or Game provided to you by H64 and License Agreement applicable to the Game or other program that H64 may provide in connection with the Use / Service. You hereby represent that you have the legal ability to enter into this Agreement and that you have nothing to prevent you from receiving the services offered by the Site under the laws of Canada, the United States or any other applicable jurisdiction. You understand that the services offered may contain certain communications from Helmet64 Studio, such as service announcements, administrative messages or other information, and that these communications form part of the Use / Service being offered by the Site or Game and that you may not be entitled to choose to stop receiving them. If you do not agree to all the terms of this Agreement, you are not permitted to access the Site or the Game and any of its related parties, create an account, download the Game or play the Game. If you violate these terms, we will respond as we see fit, including banning your account and / or taking legal action.

Please keep in mind that our policies do not apply to any third party websites that H64 may link to on your Site or Game. You must accept and comply with your individual policies. Any information we collect from you, either personally identifiable or anonymous data, will be controlled by our Privacy Policy.

Helmet64 Studio has the power to change these Terms of Use, Privacy Policy at any time in its sole discretion. Any changes and modifications will be effective immediately upon your posting on the Site or by providing you with a copy thereof and you waive any rights you may have to receive specific notice of such changes or changes. You agree and are responsible for periodically checking this Agreement, Privacy Policy, Rules of Conduct and any License Agreement so that you are familiar with its contents as they may change from time to time. By continuing to use any part of the Use / Service, you are indicating your acceptance of any updated or revised terms. If you do not agree to the amended terms, you must stop using the Service.

2.DESCRIPTION OF USE / SERVICE

Helmet64 Studio provides digital games to users. In order to access the Games, you are required to download them on their respective platforms and such access implies the use of hardware, software and Internet access that play a crucial role in your experience. You agree that Helmet64 Studio is not responsible for any problems, unavailability, quality and suitability of Hardware, software or Internet access. Helmet64 Studio does not provide Internet access and you are responsible for all telephone and Internet cost related charges, equipment, service, repairs, or fixes incurred when maintaining a connection to servers and access platforms.

3.ACCOUNT

You will be required to create an account (an “Account”) to gain access to the Game and certain features of our Service. You must be 13 years of age or older to create an Account. If you are 13 or older but under the age of 18, you will be required to review this agreement with your parents or guardians to ensure that they read and agree to these terms.

By creating an Account or using the Service, you represent that you are at least 18 years old and agree to these Terms of Use, or that you are over 13 years old and that your parents or guardians have read and agree to these same Terms of Use. You also understand and agree that we are relying on your statement by allowing you to use the Service. Only one person can use the Account.

By using the Site or Game and creating an Account, you acknowledge, understand and agree that Helmet64 Studio collects anonymous data through Google Analytics ™ and records IP addresses, domain names, geographic information, Game statistics and scores, Google Rankings. and technical information for use in anonymous statistical analysis. Please see the Privacy Policy for more details regarding the use and distribution of personal information collected through the Site.

By creating an Account, which involves the creation of a unique identity (“User Identity”) and password, you agree to (i) provide true, accurate, current and complete information as required in the required fields (“Account Information”) and (ii) promptly maintain and update such User Identity and your Account Information to keep it true, accurate, current and complete.

As the creator of your User Identity and Account, you are solely responsible for your User Identity. Helmet64 Studio will not tolerate obscene or offensive User Identities. If such Identity violates any part of these terms, H64 may immediately, temporarily or permanently ban User Identity with or without notice. Alternative account creation will be handled on a case-by-case basis, and we reserve the right to remove any accounts that are intended to circumvent any form of game or service restriction.

Please note that you are responsible for maintaining the confidentiality and security of your User Identity and password and that you agree to notify us if your password has been stolen, lost or revealed to unauthorized third parties, or has been compromised. You are solely responsible for all activities and transactions that occur under your Account (including purchases and charges as applied) and Helmet64 Studio is not responsible for any unauthorized use of your Account, including, but not limited to, in the event that theft or disclosure of your password to third parties. You agree to immediately notify Helmet64 Studio of any unauthorized use of your Account or any breach of security related to the Site, Use / Service or Game known to you to helmet64studio@gmail.com. Helmet64 Studio gives you the option to change your password to ensure the security of your Account.

The Account you create is personal and Helmet64 Studio does not authorize the transfer of User Accounts. You shall not buy, sell, gift or trade any Account or make such offers and any attempt will be null and void. Any distribution of your Account and / or Login Credentials by you (except as provided herein or explicitly approved by Helmet64 Studio) may result in suspension or deletion of your Account.

Your Account may be disabled if you do not use it for a period of twelve months after its creation date or for any continuous period of twelve months after its creation. If you do not use your Account for twelve months or more, it will be removed and deleted by the Site administrator at your convenience. We will endeavor to notify you by email before your Account is deleted, unless we are deleting your User Identity for a violation of these terms or for discontinuation of the Service. However, we are in no way responsible for not giving notice. If you inform us within five days of receiving notice that you wish to keep your Account active, we will not delete it. If you do not inform us your Account will be permanently deleted along with your User Identity, records, ranks and service information. Please, regardless of any notice, Helmet64 Studio reserves the right to discontinue Use / Service or to cancel or suspend your account at any time you wish for any or no reason.

You may cancel your Account at any time for any or no reason by contacting Helmet64 Studio at helmet64studio@gmail.com.

4.LIMITED USE LICENSE

Helmet64 Studio grants anyone who has created an account and is entitled to access our software a non-exclusive, revocable license to the Game software for personal use only. Under this Limited Use License, you are not permitted to transfer, sell, trade, copy, publish, distribute or assign any derivative portions of the Software, Game and the Site (“Properties”). The Properties are for your individual use and entertainment purposes only, all of which are non-commercial. You must comply with this policy unless permitted by Helmet64 Studio. Failure to comply will result in consequences ranging from account deletion to legal action. By accessing the Properties, it is automatically assumed that you have read and accepted these terms together with the applicable Game License Agreement and Privacy Policy.

5.UPDATES AND AUTHORIZATIONS

Helmet64 Studio reserves its sole and absolute right to revise, update, amend, modify, add, supplement or delete certain terms of this Agreement as the Property evolves provided material changes to this Agreement are not retroactively applied. Such changes will be effective with or without notice to you. You may revise the most current version of this Agreement by clicking on the “Terms of Service” link located at the bottom of the Site. You are responsible for periodically checking this Agreement for changes. If any future changes to this Agreement are unacceptable to you or cause you no longer agree to it, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any Property following any revision of this Agreement constitutes your complete and irrevocable acceptance of any or all such changes. Please note that Helmet64 Studio may also revise other policies, including the Use License and Privacy Policy at any time and new versions will be available on the Site. If at any time you do not agree to any portion of the then updated version of any Helmet64 Studio specific policy, including but not limited to this Agreement, you must immediately stop using the Properties.

6.INTERRUPTION OF USE / SERVICE

a. Helmet64 Studio reserves the right to discontinue Use / Service from time to time as scheduled or in the meantime with or without notice to perform maintenance. You agree that H64 will not be responsible for any interruption of Use / Service, delays or performance failures resulting from any nature.

b. You acknowledge that Use / Service may be discontinued for reasons beyond Helmet64 Studio’s control and that H64 does not guarantee that you will be able to access the Service or your Account at any time. Helmet64 Studio is not responsible for any Usage / Service interruption, delay or performance failure resulting from any nature.

c. Helmet64 Studio has the right to change and / or delete at any time with or without notice any aspect of your use of the Services as may appear reasonable.

d. Helmet64 Studio is not required to partially or fully refund any account fees (if any) for any reason for interruption of Use / Service due to any circumstances described in paragraphs (a) or (b).

7.ACCOUNT TERMINATION

HELMET64 STUDIO MAY SUSPEND, CANCEL, MODIFY, BLOCK ACCESS OR DELETE SERVICE OR ACCOUNT AT ANY TIME WITH OR WITHOUT REASON AND WITH OR WITHOUT NOTICE.

Helmet64 Studio may issue warnings or make temporary and permanent suspensions of Accounts for user violations. Helmet64 Studio retains at its sole discretion when and how to enforce warnings, cautions, and / or disciplinary actions. H64 considers the severity of the violation and the number of infringements to make the decision; however, any decision will be made at the absolute discretion of H64. Accordingly, Helmet64 Studio always has the right to terminate or suspend a User’s Account at any time and for any reason (or no reason), with or without any notice or notice.

For the avoidance of doubt, you acknowledge that Helmet64 Studio has its own discretion regarding the termination of your Account, even if there are any remaining credits there. If you feel that your Account has been unreasonably notified or punished, please contact Helmet64 Studio with a detailed explanation at helmet64studio@gmail.com.

You have the right to terminate your Account at any time by notifying Helmet64 Studio. You understand and agree that cancellation of your User Identity is your sole remedy and right related to any dispute, including but not limited to any related to or arising from: (i) any term of this Agreement or performance or application of this Agreement by H64; (ii) the User Content; (iii) your ability to access and / or use the Service or the Site; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods or any changes in fees, applicable taxes, surcharges or billing methods.

If your Account is canceled or terminated for any reason (or for no reason), no refunds will be made, no online time or other credits (for example, points in the online game) will be credited or converted to cash or another form of refund and you will no longer have access to your Account. All Accounts with unresolved disputes must be resolved before Helmet64 Studio allows you to re-register.

8.INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND EXEMPT HELMET64 STUDIO FROM ANY AND ALL CLAIMS, LAWSUTS, DAMAGES, LOSSES AND COSTS (INCLUDING LAWYER FEES) WHICH ARISE OR RESULT DIRECTLY OR IN THEIR MISUSE OF MISUSE. OR ANY INFRINGEMENT MADE BY YOU WITHIN THE TERMS OF THIS AGREEMENT, LICENSE AGREEMENT OR PRIVACY POLICY. Helmet64 Studio reserves the right, at its own expense and in its sole discretion, to take the defense and control any matter, unless subject to indemnification by you, in which case you will cooperate with Helmet64 Studio in supporting any available defense.

9.DISCLAIMER OF WARRANTY

YOU UNDERSTAND AND AGREE THAT:

a. THE USE / SERVICE, THE GAME, THE SITE AND ALL MATERIALS CONTAINED THERE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED. Helmet64 Studio AND ITS DIRECTORS, EMPLOYEES, PARTNERS AND LICENSORS DISCLAIM ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INITIAL PURPOSE, TITLE AND PURPOSES ALL INFORMATION, CONTENT AND MATERIALS CONTAINED IN THEM. Helmet64 Studio DOES NOT RECOGNIZE AND WARRANT THAT THE USE / SERVICE, GAME, SITE OR MATERIALS CONTAINED IN THERE ARE TRUE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. Helmet64 Studio ALSO DOES NOT RECOGNIZE AND WARRANT THAT THE GAME, WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

b. HELMET64 STUDIO AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THAT (i) THE SERVICE WILL NOT MEET YOUR REQUIREMENTS; (ii) THE SITE WILL NOT BE INTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. While Helmet64 Studio ATTEMPTS TO ENSURE THAT YOUR ACCESS AND USE OF THE SERVICE IS SAFE, THEY WILL NOT RECOGNIZE AND WARRANT THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER THREATS. Therefore, you must use industry-recognized software that detects and removes viruses from any download. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH USE OF THE SITE IS ACCESSED AT YOUR OWN RISK AND CRITERION AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULT FROM DOWNLOADING ANY MATERIAL.

d. A LITTLE PERCENTAGE OF USERS MAY SUFFER EPILETIC ATTACKS WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR COMPUTER SCREEN FUNDS OR USING THE SITE OR SERVICE. CERTAIN CONDITIONS MAY INDUCE EPILETIC SYMPTOMS NOT DETECTED PREVIOUSLY, EVEN IN USERS WHO HAVE NO HISTORY OF PREVIOUS CONVULSIONS OR EPILEPSY. IF YOU, OR ANYONE OF YOUR FAMILY, HAVE EPILEPSY, CONSULT YOUR DOCTOR BEFORE USING THE SERVICE. STOP IMMEDIATELY STOP USE OF THE SERVICE AND CONSULT YOUR DOCTOR IF YOU FEEL ANY OF THE FOLLOWING SYMPTOMS DURING USE OF THE SERVICE: TIGHTNESS, ALTERNATE VISION, CONTRACTING EYES OR MUSCLES, LOSS OF CONSCIOUSNESS, DISORGEMENT OR INVOLVEMENT, INVOLUTION and. REFERENCES TO OTHER PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION BY TRADE NAME, MANUFACTURER, TRADEMARK, SUPPLIER OR OTHER DO NOT CONSTITUT OR IMPLY APPROVAL, PARTNERSHIP OR RECOMMENDATION OR ANY Affiliation By Helmet64 Studio.

10.LIABILITY RESTRICTION

IN NO EVENT SHALL OR UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT, UNDER LAW (INCLUDING NEGLIGENCE), OBJECTIVE LIABILITY OR OTHER, DIGITAL EXTREME SHALL BE RESPONSIBLE FOR YOU OR ANY OTHER PERSONAL, INCIDENTAL, INJURY, OR INCIDENTAL PERSONS. OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGE FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOSS OF PROFITS) OR ANY DAMAGE BY NEGLIGENCE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGE TO INTERRUPTION OF WORK, COMPUTER FAILURE, OR ANY OTHER BUSINESS DAMAGE OR LOSS) ARISING OUT OF YOUR MISUSE OF PROPERTIES, EVEN IF HELMET64 STUDIO KNOWS OR SHOULD KNOW ABOUT SUCH DAMAGE. IN NO EVENT WILL HELMET64 STUDIO BE LIABLE FOR ANY DAMAGES EXCEEDING ANY PAYMENT MADE BY YOU TO HELMET64 STUDIO IN RELATION TO GAME TRANSACTIONS WHEN ANY OF THESE WAS DURING THE SIX MONTHS BEFORE YOUR FIRST TIME.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in such states and jurisdictions, Helmet64 Studio’s liability will be limited to the maximum extent permitted by applicable law.

11.CLOSURE

This Agreement represents the entire agreement between you and Helmet64 Studio relating to the Site, the Game and the subject matter of the Agreement and supersedes any previous or current agreements between you and Helmet64 Studio. However, this Agreement shall not coexist and supersede the Use License and Privacy Policy.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF THE AGREEMENT AND AGREE THAT YOUR USE OF ANY OF THE PROPERTIES IS A NOTICE TO YOUR AGREEMENT TO COMPLY WITH THE TERMS AND TERMS OF THIS AGREEMENT.


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