Terms of Use

 

These Terms of Use govern the relationship between you and Heavyweight Rex Oy, a Finnish limited liability company (Business ID: FI27773919) having its registered office at Mikonkatu 3, 00100 Helsinki, Finland, (hereinafter "Heavyweight Rex" or "Us" or "We") regarding your use of Heavyweight Rex’s games, websites and related services (the "Service"). Use of the Service is also governed by Heavyweight Rex’s Privacy Policy https://www.heavyweightrex.com/privacy-policy and other relevant policies, which are incorporated herein by reference.

 

Before accessing or using the Service, including browsing any Heavyweight Rex website or accessing a game, you must agree to these Terms of Use and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you confirm that your legal guardian has reviewed and agreed to these Terms of Use.

 

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

 

Heavyweight Rex reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use, its Privacy Policy and other relevant Heavyweight Rex policies at any time. Heavyweight Rex will send you a push notification of any amendments, and a link where you accept such amendments by ticking a box ‘’I accept the amendments’’. If you wish not to be bound by the amendments, tick the box ‘’I do not accept the amendments’’, after which your account will be deleted. 

 

1. License

1.1 Conditions under which Heavyweight Rex grants you a limited license to use the Service.

Subject to your agreement and continuing compliance with these Terms of Use and any other relevant Heavyweight Rex policies, Heavyweight Rex grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

 

The following restrictions apply to the use of the Service:

  • You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. Paypal) by minors.

  • You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Heavyweight Rex, or previously been banned from playing any game provided by Heavyweight Rex. 

  • You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

 

1.2 Your Login Information and Account.

You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Heavyweight Rex and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

 

Heavyweight Rex reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.

 

The Service supports only one Account per game on a supported device.

 

1.3 Limitations on License.

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

 

You agree that you will not, under any circumstances:

  • Engage in any act that Heavyweight Rex deems to be in conflict with the spirit or intent of the Service or make improper use of Heavyweight Rex’s support services. 

  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Heavyweight Rex game or any Heavyweight Rex game experience. 

  • Modify or cause to be modified any files that are a part of the Service or any Heavyweight Rex game without Heavyweight Rex’s express written consent.

  • Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Heavyweight Rex’s games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.

  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Heavyweight Rex game environment. 

  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.

  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Heavyweight Rex, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis. 

  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Heavyweight Rex employees, including Heavyweight Rex’s customer service representatives.

  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Heavyweight Rex employee. 

  • 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 any Heavyweight Rex game, or to obtain any information from the Service or any Heavyweight Rex game using any method not expressly permitted by Heavyweight Rex. 

  • Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Heavyweight Rex game. 

  • Collect or post anyone's private information, including personally identifiable information (whether in text, image, video, audio or any other form), identification documents, or financial information through the Service. 

 

Heavyweight Rex reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. Heavyweight Rex reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.  

 

1.4 Conditions under which Heavyweight Rex has a right to suspend and terminate an Account and Service.

WITHOUT LIMITING ANY OTHER REMEDIES, HEAVYWEIGHT REX MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR HEAVYWEIGHT REX SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND HEAVYWEIGHT REX IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. 

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR   POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

HEAVYWEIGHT REX RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.  

 

Heavyweight Rex reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Heavyweight Rex shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. 

 

2. Ownership

2.1. Ownership in Games and Service.

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Heavyweight Rex game client, and the Heavyweight Rex game clients and server software) are owned by Heavyweight Rex. Heavyweight Rex reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. 

 

2.2. Accounts.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HEAVYWEIGHT REX.

 

 

2.3. Virtual Items.

Heavyweight Rex owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Heavyweight Rex games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Heavyweight Rex game, whether earned in a game or purchased from Heavyweight Rex, or any other attributes associated with an Account or stored on the Service.

 

3. Content Produced by the Users

 

3.1 User Content.

The Service may permit the hosting, sharing, posting and publishing of content by you and other users (“User Content"). Your User Content may be posted to the Service, or otherwise be made publicly available. You shall be solely responsible for your User Content and the consequences of posting or publishing them. We have complete discretion whether to publish your User Content and We reserve the right without further notice to you, to monitor, censor, edit, remove, delete and/or remove any and all User Content at any time and for any reason. We do not guarantee any confidentiality with respect to any User Content.

 

3.2 Your Rights to Produce User Content. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Us to use all Intellectual Property Rights in and to your User Content, and to enable inclusion and use thereof as contemplated by these Terms of Use. You retain all of your ownership rights in your User Content.

 

3.3 License of Heavyweight Rex. Subject to these Terms of Use and Privacy Policy, by submitting the User Content, you hereby grant Us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content only in connection with the Service, and you hereby waive any moral rights in your User Content, to the extent permitted by law.

 

3.4 Your Waiver of Right to Remedy. You understand and acknowledge that We are not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such User Content; and you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Us with respect to such User Content.

 

3.5 Heavyweight Rex’s Rights in User Content. We reserve the right to access, read, preserve and disclose any User Content or any other information that We obtain in connection with the Service as We reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; or (iv) respond to your user support requests; 

 

3.6 Your Warranty. You agree that you will not send, display, post, submit, publish or transmit a User Content that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (iii) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (iv) breaches these Terms of Use.

 

4. Terms Regarding Purchases and Fees 

4.1 Your Purchases.

In the Service you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency" for use in Heavyweight Rex games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from Us or our authorized partners through the Service, and not in any other way.

 

Heavyweight Rex may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Heavyweight Rex shall have no liability to you or any third party in the event that Heavyweight Rex exercises any such rights.   

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Heavyweight Rex, another user or any third party. 

 

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

 

The provision of Virtual Items for use in Heavyweight Rex games is a service provided by Heavyweight Rex that commences immediately upon acceptance by Heavyweight Rex of your purchase.   

 

4.2 Payment of Fees.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Heavyweight Rex may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT HEAVYWEIGHT REX 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 AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. 

 

5. Service Updates

You understand that the Service is an evolving one. Heavyweight Rex may require that you accept updates to the Service and to Heavyweight Rex’s games you have installed on your device or computer. You acknowledge and agree that Heavyweight Rex may update the Service and Heavyweight Rex games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Heavyweight Rex games.    

 

6. Disclaimer of Warranties

WITHOUT LIMITING HEAVYWEIGHT REX’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HEAVYWEIGHT REX DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE      THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

 

7. Limitation of Liability, Sole and Exclusive Remedy and Indemnification     

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEAVYWEIGHT REX SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEAVYWEIGHT REX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, HEAVYWEIGHT REX SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HEAVYWEIGHT REX IN ACCORDANCE WITH THESE TERMS OF USE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HEAVYWEIGHT REX DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HEAVYWEIGHT REX’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HEAVYWEIGHT REX IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. 

NOTHING IN THESE TERMS OF USE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HEAVYWEIGHT REX OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HEAVYWEIGHT REX.  

 

You agree to indemnify, defend and hold Heavyweight Rex (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Use, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

 

8. Governing Law and Disputes 

Your contractual relationship with Heavyweight Rex under these Terms of Use, shall be governed by and construed and interpreted in accordance with the laws of Finland without regard to its principles and rules on conflict of laws.

 

You agree to submit to the exclusive jurisdiction of the courts located within the city of Helsinki, Finland to resolve any and all legal matters arising from this Agreement. Notwithstanding this, you agree that Heavyweight Rex shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 

If a dispute arises between you and Heavyweight Rex, We strongly encourage you to first contact us directly to seek a resolution by sending Us an email to wecare@heavyweightrex.com. 

 

9. Severability

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions will continue to be valid and enforceable.

 

10. Notices 

Heavyweight Rex may provide you with notices, including those regarding changes to these Terms of Use, using any reasonable means, which may include push notifications, email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate these Terms of Use by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

 

11. Miscellaneous 

11.1 Assignment

Heavyweight Rex may assign or delegate these Terms of Use and/or the Heavyweight Rex Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Heavyweight Rex’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.  

 

11.2 Additional Policies 

Heavyweight Rex may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Use.

 

11.3 Entire Agreement 

These Terms of Use, any supplemental policies and any documents expressly incorporated by reference herein (including the Heavyweight Rex Privacy Policy), contain the entire understanding of you and Heavyweight Rex, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service. 

 

11.4 No Waiver

The failure of Heavyweight Rex to require or enforce strict performance by you of any provision of these Terms of Use or the Heavyweight Rex Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Heavyweight Rex’s right to assert or rely upon any such provision or right in that or any other instance.  

The express waiver by Heavyweight Rex of any provision, condition, or requirement of these Terms of Use or the Heavyweight Rex Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  

Except as expressly and specifically set forth in this these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by Heavyweight Rex shall be deemed a modification of these Terms of Use nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Heavyweight Rex.  

 

11.5 Equitable Remedies 

You acknowledge that the rights granted and obligations made under these Terms of Use to Heavyweight Rex are of a unique and irreplaceable nature, the loss of which shall irreparably harm Heavyweight Rex and which cannot be replaced by monetary damages alone so that Heavyweight Rex shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.  

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Heavyweight Rex game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any). 

 

11.6 Force Majeure

Heavyweight Rex shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Heavyweight Rex, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Heavyweight Rex’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.