1.1 Conditions under which Heavyweight Rex grants you a limited license to use the Service.
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.
1.4 Conditions under which Heavyweight Rex has a right to suspend and terminate an Account and Service.
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.
2.1. 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.
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.
3.4 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.
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
8. Governing Law and Disputes
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 firstname.lastname@example.org.
11.2 Additional Policies
11.3 Entire Agreement
11.4 No Waiver
11.5 Equitable Remedies
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.