Terms of Service

Greetings players,

These terms of service (the "Terms") establish the terms and conditions under which GamesHyped grants you access to use and enjoy our games, applications, websites, and other services (the "GamesHyped Services"). GamesHyped is a global video game company headquartered in Brazil, with operations worldwide. When we say "GamesHyped," we are referring to the GamesHyped company responsible for providing the GamesHyped Services in your region (see Clause 19 below), and these Terms constitute an agreement between you and that company.

Please read these Terms carefully, paying special attention to the following items:

Virtual Content. When you click to purchase, earn, or receive Virtual Content, you only obtain a license to access the Virtual Content. You do not own any Virtual Content you unlock and cannot transfer it to another person. Virtual Content has no monetary value, is generally game-specific, and you cannot redeem Virtual Content for any type of "real-world" money. Refund Policy. You lose the right to change your mind, cancel your order, and receive a refund if you have immediate access to or download your digital content. There are some exceptions to this rule, but we have a strict refund policy. Learn more here. User Rules. You agree to follow our User Rules (Clause 7). These rules govern in-game behavior and certain conduct outside the game when using the GamesHyped Services. Attention, parents! We provide age rating information for games on our website. We also recommend that you supervise your child’s online activities, review the content they access, and, if necessary, monitor their social interactions. For more information on game age ratings and content descriptions, check your local age rating system.

1. YOUR ACCOUNT

1.1. Can I create an account and use the GamesHyped Services? (You must be an adult or have permission from your parents or legal guardian.) You will need a GamesHyped account to access many of our services. To create an account and use the GamesHyped Services, you must: (i) be an adult; (ii) be an emancipated minor; or (iii) have valid consent from your parents or legal guardian to be bound by these Terms. If you are not an adult or an emancipated minor, or if you do not understand this Clause, speak with your parents or legal guardian and ask for help. If you are a parent or legal guardian of a minor who creates an account with us, you and the minor accept and agree to be bound by these Terms. You are also responsible for all account usage and compliance with these Terms by the minor, including all purchases made on the account. You may not create or use an account or use any of the GamesHyped Services on behalf of any other person, entity, or for commercial purposes.

1.2. How can I create an account? (On our website or by creating one within one of our games.) You can create an account with unique login credentials on our websites or by logging into the GamesHyped Services with an existing social media account (if applicable).

1.3. Do I need to provide my real name and other details? (Not required, except for direct payment information on authenticated platforms.) You must always provide us with accurate and complete information when requested by our systems.

1.4. I have multiple different email accounts. Does it matter which one I use to register my account? (Yes. Otherwise, you may miss important notices!) We send account-related, legal, and service notices to the email address registered to your account. These notifications can be very important (e.g., a notice that we intend to close your account due to inactivity), so you must keep the email address associated with your account updated and (if requested) verified. If you create an account by logging into the GamesHyped Services with a social media account, your GamesHyped account email must be manually added to our dashboard.

1.5. Can I share or sell my account or login credentials? (No.) When you create an account with us, we ask you to choose a unique username and password (together, your "Login Credentials"). You agree that:

1.5.1. You may not share your account or Login Credentials with anyone (except in the case of STAFF ASSISTANCE).

1.5.2. You may not sell, transfer, or allow anyone else to access your account or Login Credentials, nor offer for third parties to do so. You must keep your Login Credentials confidential. You must notify us immediately if you become aware of any security breach, including unauthorized account access or loss, theft, or unauthorized use or disclosure of your Login Credentials or payment information, so we can take appropriate action. You are responsible for all losses (including the loss or use of Virtual Content) in your account if you have shared your Login Credentials or failed to keep your account or Login Credentials secure.

1.6 Can I request assistance from a STAFF member? (Yes, in some cases) Requesting credentials from a STAFF member is permitted ONLY for requests made via tickets through gameshyped.com or, in some cases, by a STAFF member on the OFFICIAL GamesHyped Discord channel, named "GamesHyped" (Role: [STAFF]). See which cases this permission is granted:

1.6.1. You cannot resolve your issue via text or video call; Your account has bugs or issues that only affect your account;

1.6.2 If you authorize the staff to attempt to resolve the issue with your account, you agree to these terms: It will be your responsibility after the support ends to request a password change. If you fail to do so and your account experiences issues such as lost items, lost ranking, or anything related to your account, there will be no compensation of any kind;

2. ACCOUNT TERMINATION

2.1. How can my account be suspended or terminated?

2.1.1. You. You may terminate or suspend your account at any time by contacting us through our support page.

2.1.2. Us. We may terminate or suspend your account without prior notice if it is determined that:

(a) you have violated any part of these Terms (including the User Rules);

(b) doing so is in the best interest of our community or the GamesHyped Services or is necessary to defend the rights of third parties;

(c) we have stopped offering the GamesHyped Services in your region (though we typically post advance notice on our website, app, or game if we plan to discontinue a major game feature or all GamesHyped Services in your region); you have not paid any fees owed to us (except in cases of our gross negligence or willful misconduct) or if we must refund someone due to unauthorized use of a payment debited from your account; or you have made (or we have reasonable grounds to suspect you have made) unauthorized use of another person’s payment information. We may make these determinations with the help of automated systems and machine learning tools or other methods we deem appropriate. If you believe we have made a mistake, contact us with the details, and we will review your case, though we may suspend your account during our review.

2.2. Will GamesHyped keep my account forever, even if I stop using it? (If you abandon your account for a very long time, we may close it after sending you a notice to give you a chance to reactivate it.) If you do not use your account for an extended period, GamesHyped reserves the right to take action regarding your account, including suspension or termination. If we intend to take action on your account due to prolonged inactivity, you will be notified first (e.g., via email to the address registered to your account) and will have ample opportunity to avoid such action (e.g., by deleting your account).

2.3. What happens if GamesHyped terminates my account? (You won’t be able to play and will lose access to any purchases, including in-game currency and Virtual Products.) If your account is terminated, you will no longer have access to your account, including associated data or Virtual Content (including in-game currency) (though this does not limit or affect any rights you may have under data protection or consumer defense laws). When we terminate your account for a legitimate reason (e.g., if you violated these Terms):

2.3.1 You will not be entitled to any refund, and we will have no liability to you; and we also reserve the right to cancel any other accounts you may have created, as well as your access to any other GamesHyped Services (also without any compensation or liability to you). You understand and agree that by using the GamesHyped Services, there is a risk that your account may be terminated or suspended under these Terms. Whenever you use the GamesHyped Services, keep this risk in mind and always behave appropriately.

3. LIMITED LICENSE

3.1. What can I do with the GamesHyped Services? (You can enjoy them for your personal, non-commercial use.) We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the GamesHyped Services (and any Virtual Content) solely for individual, non-commercial entertainment purposes, expressly conditioned on your compliance with the terms of this Agreement. If we terminate your account, any license granted to you for the GamesHyped Services, as well as Virtual Content, will automatically be canceled. Unless expressly authorized by GamesHyped in a signed written contract, you may not sell, copy, exchange, lend, reverse engineer, decompile, derive source code, translate, lease, pledge, transfer, publish, assign, or otherwise distribute any of the GamesHyped Services or any GamesHyped intellectual property, including any of our computer code or Virtual Content.

3.2. Can I do things with GamesHyped’s intellectual property? (We reserve all rights to our IP but allow some personal and non-commercial uses, like fan art.) We (and our licensors) own and reserve all rights, title, and interests in the GamesHyped Services, as well as all data and content published, generated, provided, or otherwise made available on or through the GamesHyped Services, including user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations, location names, stories, dialogues, catchphrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual products, in-game currency, audiovisual effects, graphic likeness of characters, methods of operation, and gameplay (collectively, "Game Content"). For clarity, Game Content includes Virtual Content. You may not create any original intellectual work based on Game Content or the GamesHyped Services, except as expressly permitted by us. For more information on currently permitted fan use, read our Legal Policy (but remember that we may change this periodically—and for certain regions where we partner with third parties, the partner’s terms of service may override the policy’s provisions).

You also agree that, unless we grant you a license in a signed written contract, you may never use any of our trademarks, service marks, trade names, logos, domain names, brand slogans, or trade dress. Any reproduction, redistribution, or modification of the GamesHyped Services, or use of the GamesHyped Services not in accordance with this Agreement, is expressly prohibited and may result in severe civil and/or criminal penalties.

4. VIRTUAL PRODUCTS, IN-GAME CURRENCY, AND PURCHASES

4.1. What is Virtual Content? (Virtual Content includes items like in-game currency and virtual products, such as heroes, skins, emotes, accessories, etc.) When using the GamesHyped Services, we may offer you opportunities to acquire a limited license to access virtual goods, such as heroes, skins, emotes, etc. ("Virtual Products") and in-game currency ("In-Game Currency"), associated with your account (collectively, "Virtual Content").

In-Game Currency may only be used for the specific game for which it was purchased, unless otherwise stated at the time of purchase.

4.2. How do I get a "license" to access Virtual Content? (Purchase, earn, or receive it.)

4.2.1 We may offer you various opportunities to acquire a limited license to access In-Game Currency or Virtual Content, including:

a) purchasing it (e.g., with a credit card);

b) earning it (e.g., by completing in-game missions or tasks);

c) receiving it (e.g., as a gift from another player or using a creation feature like Hextech®).

4.3. Do I "own" the Virtual Content I unlock? (No. What you "unlock" is not the virtual product itself but a limited, non-transferable license to access it.)

4.3.1 You do not own any rights to any Virtual Content you unlock, regardless of how you acquired access to it. Virtual Content has no monetary value. You may not transfer (unless we allow it in the functionality of the GamesHyped Services) or redeem Virtual Content for any type of "real-world" money. You are not entitled to any refund for purchasing a license to access Virtual Content, except as expressly permitted by us. You can review our current content refund policy here.

4.4. Once again: I don’t own my Virtual Content? ("No!", all the lawyers shouted.) When you obtain our Virtual Content, what we are actually offering you is a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use that Virtual Content only in connection with your use of the applicable GamesHyped Services.

4.4.1 Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and that all rights in your account are and shall forever be owned by and inure to the benefit of GamesHyped. You further acknowledge and agree that you have no ownership, property, or other exclusive right in any Virtual Content, regardless of any consideration offered or paid in exchange. Further, except in cases of willful misconduct or gross negligence, or to the extent these Terms state otherwise, GamesHyped shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to Virtual Content, including the deletion of Virtual Content upon termination or expiration of your account or our reasonable changes to the GamesHyped Services.

4.5. Will my Virtual Content always be available? (Not necessarily.) In an effort to constantly improve the GamesHyped Services, develop our games, and keep the GamesHyped Services safe, fun, and secure, we reserve the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Game Content, including Virtual Content, in whole or in part, at any time, with or without notice to you and without any liability to you. For example, your Virtual Products may (and likely will) evolve over time to improve the GamesHyped Services or for regulatory or legal reasons. If we decide to completely remove certain Virtual Products you recently purchased, we will provide a replacement. We will not delete your In-Game Currency without advance notice (via postings on our website, app, or game), unless your account is terminated for a legitimate reason or by you under Clause 2.1.1. Sometimes, we may adjust the purchasing power of In-Game Currency (e.g., we may increase the amount of In-Game Currency needed to purchase Virtual Products, such as skins). Normally, we only do this in gradual steps, but you will be notified (via postings on our website, app, or game) if we intend to make changes that significantly negatively affect your In-Game Currency. We do not provide or guarantee, and expressly disclaim, any value, monetary or otherwise, attributed to any data residing on servers we operate or control, including any Game Content or Virtual Content attributed to your account. If we permit the sale or transfer of your right to access certain Game Content or Virtual Content, it may only be done through services approved or provided by us, if any.

5. FEES AND TAXES

5.1. Is everything in the GamesHyped Services free? (No.)

5.1.2 Some aspects of the GamesHyped Services may require you to pay a fee, and you agree to provide accurate and complete payment information to us or a third-party payment processor we use. You also agree to pay all applicable fees and taxes related to your account. We may adjust the pricing of any part of the GamesHyped Services at any time. This may affect the purchasing power of your In-Game Currency, though we typically only do this in gradual steps. All fees and charges are payable in accordance with the payment terms in effect at the time the fee or charge becomes payable. Occasionally, we may modify, change, or supplement our fees and billing methods, and these changes will take effect immediately after being posted in these Terms or elsewhere on our websites, apps, or games. Except in cases of gross negligence or willful misconduct, if you do not pay the fees you owe us or if we must refund someone due to unauthorized use of a payment made from your account, we may suspend or terminate your account. See Clause 2 (Account Termination) for more information.

5.1.3 Subject to applicable law, any applicable fees and other charges for fee-based services (including In-Game Currency) are paid in advance and are non-refundable, in whole or in part, except as expressly provided in these Terms. Except in cases of gross negligence or willful misconduct by GamesHyped, or to the extent these Terms provide otherwise, you are solely responsible for all charges debited to your account, including any unauthorized charges.

5.2. What are my responsibilities regarding In-Game Currency? (Pay applicable taxes; verify all transactions with us are correct, etc.) You are solely responsible for paying any taxes related to acquiring, using, or accessing In-Game Currency. In-Game Currency may be sold or issued by us in packages, and the price may vary depending on the amount you purchase and where you purchase it. As we deem necessary, in our sole discretion (or as prescribed by law), we may limit the total amount of In-Game Currency that can be purchased for any game or the total In-Game Currency that can be held in your account. Additionally, the price and availability of In-Game Currency and Virtual Products are subject to change. We may restrict the In-Game Currency you can purchase and/or use based on your location, as we have different approaches in different places.

5.2.1 You must verify that the correct amount of In-Game Currency has been added to or deducted from your account during any transaction. Notify us immediately if you believe an error has been made regarding your In-Game Currency balance. We will investigate your complaint and, in doing so, may request additional information for verification.

6. UNSOLICITED IDEAS POLICY

6.1. Can I submit ideas to improve the Game to GamesHyped? (Please don’t. If you do, we have the absolute right to use them forever.) We value your feedback on the GamesHyped Services, but do not submit ideas, suggestions, or creative materials to us (collectively, "Unsolicited Ideas"). We may freely use any such Unsolicited Ideas you provide. This policy is intended to avoid potential misunderstandings or disputes if the GamesHyped Services eventually seem similar to Unsolicited Ideas submitted by people.

6.1.2 Although you have no legal rights to the Unsolicited Ideas you insist on sending us, if you do, we will have permission to use all or some of your Unsolicited Ideas for any reason we choose and without any payment to you.

6.1.3 In legal terms, this means that if you submit Unsolicited Ideas to us, you are granting us a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, non-exclusive, royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial property rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree to sign and deliver any and all documents and take any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us, as specified above, are valid, effective, and enforceable, thereby waiving any claim that requires—and promising never to claim—the enforcement of such rights to the maximum extent permitted by the laws of your region.

7. USER RULES

7.1. Can I ‘troll,’ insult, threaten, or harass people while using the GamesHyped Services? (No. If you do, we may take action like canceling your account.) When using the GamesHyped Services, you must comply with all laws, rules, and regulations of the region where you reside. You must also comply with the usage and acceptable behavior policies we periodically publish on our websites, apps, and games and the behavior rules listed below (collectively, the "User Rules"). The User Rules posted on our websites, apps, and games or set forth in this Clause are not exhaustive, and GamesHyped reserves the right to modify them, as well as take appropriate disciplinary action, including temporary bans, suspension, or termination and deletion of the account to protect the integrity and spirit of the GamesHyped Services, regardless of whether a specific behavior is listed in the User Rules as inappropriate.

7.1.2 The following are examples of behavior that warrant disciplinary action:

(a) Impersonating any person, company, or entity, including a GamesHyped employee, or communicating in any way that makes it appear the communication originates from GamesHyped;

(b) Publicly posting identifying information about yourself, GamesHyped employees, or other players;

(d) Removing, altering, or concealing any copyright, trademark, patent, or other proprietary notice of GamesHyped contained in the GamesHyped Services. You may also not transmit content that violates or infringes the rights of third parties, including patent, trademark, trade secret, copyright, image rights, personal rights, or other rights;

(e) Transmitting or communicating any content that we reasonably believe is offensive to players, including language that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

(f) Transmitting or facilitating the transmission of any content that contains viruses, corrupted data, Trojan horses, keyloggers, worms, time bombs, cancelbots, or other computer programs or codes intended to damage and/or actually damage, harmfully interfere with, and surreptitiously intercept or expropriate any system, data, or personal information;

(g) Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by GamesHyped or any third party to protect or control access to the GamesHyped Services or any part thereof;

(h) Spamming, whether for personal or commercial purposes, disrupting the flow of conversation with repeated posts;

(i) Engaging in any action we reasonably believe is or may be deceiving or deceiving any other player, including through scams or social engineering;

(j) Using unauthorized third-party programs, including mods, hacks, cheats, scripts, bots, trainers, and automation programs that interact with the GamesHyped Services in any way, for any purpose, including any unauthorized third-party programs that intercept, emulate, or redirect any communication related to the GamesHyped Services and any unauthorized third-party programs that collect information about the GamesHyped Services by reading memory areas used by the GamesHyped Services to store information;

(k) Accessing or attempting to access areas of the GamesHyped Services that have not been made available to the public;

(l) Selecting an account or username that falsely implies an affiliation with GamesHyped, contains personally identifying information, or is offensive, defamatory, vulgar, obscene, sexually explicit, racially or ethnically objectionable, or otherwise objectionable. You may not use misspellings or alternative spellings to circumvent this naming restriction, such as usernames. GamesHyped may modify any name that, in its sole discretion, violates this clause, without notifying you, and may take other disciplinary action, including account termination for repeat violations;

(m) Playing on another person’s account or engaging in activities intended to "boost" an account’s status or ranking;

(n) Inducing or encouraging others to violate the User Rules or these Terms;

(o) Using the GamesHyped Services for any commercial purpose, without our express written consent or after we request that you cease using the GamesHyped Services.

8. USER-GENERATED CONTENT

8.1. Am I responsible for the content I post on the GamesHyped Services? (Yes, and we may use what you post.)

8.1.2 In addition to Unsolicited Ideas (addressed separately in Clause 6), you are also responsible for any other communications, usernames, images, sounds, or other materials and information you create, submit, use, or transmit with or through the GamesHyped Services ("Your Content").

8.1.3 You should only upload or transmit Your Content if you agree that:

(a) You grant us, from the moment of uploading or transmitting Your Content, a worldwide, perpetual, irrevocable, sublicensable, non-exclusive, royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works, publicly perform, publicly display, digitally perform, make, have made, and import Your Content, including all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual and proprietary rights related thereto, for the purpose of providing the GamesHyped Services without any compensation to you;

(b) You waive any moral rights you may have in Your Content with respect to our use of Your Content, to the maximum extent permitted by the laws of your region. If local laws do not permit the waiver of moral rights, you instead grant GamesHyped the right to use Your Content as well as all elements of Your Content, with or without your name or pseudonym, and the right to freely edit Your Content;

(c) You represent, warrant, and agree that no part of Your Content will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on the part of GamesHyped, and GamesHyped shall not be liable for any use or disclosure of Your Content.

(d) You further represent, warrant, and agree that Your Content will not violate any third-party rights.

9. MONITORING & ANTI-CHEATING

9.1. Does GamesHyped monitor me while I use the GamesHyped Services? (Yes. Read the Privacy Policy to learn more.)

9.1.2 See our Privacy Policy for important details about how we obtain and process information related to the use of the GamesHyped Services.

9.2. Does GamesHyped run programs on my device when I’m not using the GamesHyped Services? (We may, for limited anti-cheating purposes.)

9.2.1 To prevent cheating and hacking, we may require you to install anti-cheat software. This software may run in the background on your device.

10. UPDATES AND MODIFICATIONS

10.1. Will these Terms change in the future? (Yes.)

10.1.2 We may create (and likely will create) updated versions of these Terms in the future as the GamesHyped Services and applicable laws evolve. When we do, we will notify you about the new agreement that will replace these Terms. You will have the opportunity to review any new agreement we present and decide whether you wish to agree to the revised terms. If you accept the new agreement, you may continue using the GamesHyped Services. If you reject the new agreement, you will no longer be able to use the GamesHyped Services.

10.2. Will the GamesHyped Services remain the same? (No. Like a Charmander, they will evolve.)

10.2.1 In an effort to constantly improve the GamesHyped Services, promote the evolution of our games, and keep the GamesHyped Services safe, fun, and secure, you agree that we may alter, modify, update, suspend, "nerf," or restrict your access to any features or parts of the GamesHyped Services, including Virtual Products (e.g., we may change some features of Virtual Products for regulatory or legal reasons or to improve the game experience), and we may require you to download and install software and updates of any software necessary to support the GamesHyped Services, at any time, without liability to you. You also understand and agree that such changes or updates to the GamesHyped Services may alter the system specifications required to play our games and, in such case, you, and not GamesHyped, shall be responsible for purchasing any additional software or hardware necessary to access and play our games. You also understand and agree that we may use background patches to automatically update our games and software with or without prior notice.

11. LINKS

11.1. What about links in the GamesHyped Services? Are they safe? (Like Bard’s magical journeys, you might find something dangerous waiting for you on the other side. Proceed with caution….) The GamesHyped Services may contain links to third-party-operated websites. Again, we do not own or operate these other websites. We provide these links for your convenience, or other users may post these links as user-provided content. Use these links and the corresponding external sites at your own risk. We do not control the linked sites and are not responsible for the content available on them. These links do not imply our endorsement of information or materials on any other site, and we assume no responsibility regarding your access to and use of such linked sites.

12. NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

12.1. What should I do if someone is infringing my copyright-protected work in the GamesHyped Services? (Send us a copyright takedown notice.) GamesHyped respects copyright law and expects its users to do the same. Our policy is to terminate, in appropriate circumstances, the accounts of users who violate or are believed to violate the rights of copyright holders. GamesHyped will respond expeditiously to claims of copyright infringement committed using the GamesHyped website or other online network accessible through a mobile or other type of device (the "Sites") that are reported to GamesHyped’s Designated Copyright Agent, identified in the sample notice below.

12.1.2 If you are a copyright owner, or are authorized to act on behalf of a copyright owner or authorized to act under any exclusive right under copyright, report the alleged copyright infringements occurring on or through the Sites by completing a notice that includes all of the following items:

(a) Identify the copyrighted work you claim has been infringed or—if multiple copyrighted works are covered by this Notice—you may provide a representative list of the copyrighted works you claim have been infringed.

(b) Identify the material you claim is infringing (or 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, including at a minimum, if applicable, the [URL] of the link shown on the Site(s) where such material may be found.

(d) Include the following two statements in the body of the Notice:

(e) "I declare, under penalty of perjury, that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

(f) "I declare that the information in this Notice is accurate and [under penalty of perjury] * that I am the owner or am authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed."

(g) Provide your full legal name and your electronic or physical signature.

(h) Deliver this notice ("Notice"), with all items completed, to GamesHyped’s Copyright Agent at the address of the GamesHyped company responsible for providing the GamesHyped Services in your region (see Clause 19). Do not forget to mark "ATTN: Copyright Agent" (and not "ATTN: Legal Department") so it reaches the right person quickly. Alternatively, you may email your Notice to: [email protected]. This email address is intended solely for the receipt of copyright infringement takedown notices and not for general inquiries or requests to GamesHyped. Attachments may not be accepted at the email address for security reasons. Therefore, any Notice sent electronically with an attachment will not be received or processed.

Note that Notices are legal notices, and GamesHyped may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. Upon receipt of such Notice, GamesHyped will take whatever action it, in its sole discretion, deems appropriate, including removal of the challenged material from the Sites.

13. WARRANTY DISCLAIMER

13.1. Does GamesHyped offer warranties on the GamesHyped Services? (It depends on where you are—get ready for more lawyers shouting!) You assume all responsibility for the installation and use of, and the results obtained from, the GamesHyped Services (no matter where you are located).

13.1.2 Additionally, if you are located in North, Central, or South America (except Brazil):

(a) The GamesHyped Services are provided to you "as is" and "as available," without warranties or representations of any kind, express or implied. You assume all responsibility for your use of the GamesHyped Services. To the maximum extent permitted by applicable law, GamesHyped disclaims all warranties, express or implied, that may otherwise apply to the GamesHyped Services, including implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, and any warranties arising from course of dealing, course of performance, or usage in trade, as well as any warranties regarding the accuracy, reliability, or quality of any content or information contained in the GamesHyped Services.

14. INDEMNIFICATION

14.1. If someone sues GamesHyped based on my use or misuse of the GamesHyped Services, do I have to pay GamesHyped’s legal expenses? (Yes.) To the extent permitted by law, except in cases involving our gross negligence or willful misconduct, you hereby agree to indemnify, defend, and hold GamesHyped, as well as its subsidiaries, affiliates, officers, and advisors, harmless from and against all and any claims, lawsuits, losses, liabilities, and costs arising out of or resulting from the misuse of the GamesHyped Services, any violation of any of the provisions of these Terms (e.g., if you use hacks, cheats, or bots in the GamesHyped Services or infringe our IP rights), or any violation of third-party rights committed by you. GamesHyped reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; in which case you will cooperate with GamesHyped in asserting any available defenses.

For example, if you use the GamesHyped Services as part of a business operation (something you are not permitted to do) and we are sued for something you do that violates these Terms, you must defend us in court and pay for any damages we incur.

15. LIMITATION OF LIABILITY

15.1. Is there a limit to GamesHyped’s potential liability under these Terms? (Yes.)

15.1.2 To the extent permitted by law, our total liability to you (whether for breach of this contract, negligence, or any other reason) for any loss, injury, or damage suffered by you in relation to downloading, using, and/or accessing the GamesHyped Services is limited to the total amounts paid by you to GamesHyped during the 6 (six) months immediately preceding the time your cause of action first arose.

15.1.3 We only provide the GamesHyped Services for domestic and private use. We are not responsible for commercial losses (such as lost profits, loss of business, business interruption, loss of business opportunity, or loss of goodwill). We are also not responsible for any damage that occurs because you did not install any updates when made available by GamesHyped or because you failed to maintain the minimum system specifications required. Separately, we are not responsible for: (i) any loss that was not foreseeable at the time you accepted these Terms; or (ii) any loss that we both knew could only occur due to your special existing circumstances at the time you accepted these Terms (including all indirect damages).

15.1.4 Notwithstanding anything to the contrary in these Terms, WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, including our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation on our part; (iii) willful or negligent misconduct; (iv) for damages resulting from a negligent breach of an obligation that is essential for the performance of the contract by GamesHyped ("Essential Duties") to the extent that it is typical and foreseeable; (v) for any warranty provided by us to you; or (vi) for any liability under applicable product liability laws in a region.

You may also have specific rights under local law, in addition to those described above.

16. APPLICABLE LAW

16.1. What law applies to these Terms or in case of a dispute? (It depends on where you live and which GamesHyped company provides the GamesHyped Services to you.) Read below to determine which law applies to your use of the GamesHyped Services. Regardless of the applicable law, you may have the benefit of the application of other rights or additional mandatory measures under local law, in addition to those set out in these Terms. Nothing in these Terms limits or affects those rights.

16.1.2 If you live in North, Central, or South America (except Brazil)

(a) These Terms and any action arising out of or related to these Terms will be governed by the Federal Arbitration Act and the laws of the State of California, without regard to conflict of law provisions.

16.1.3 If you live in South Korea

(a) These Terms and any action arising out of or related to these Terms will be governed by the laws of Korea.

16.1.4 If you live in Japan

(a) These Terms and any action arising out of or related to these Terms will be governed by the laws of Japan.

16.1.5 If you live in Singapore, Philippines, Thailand, Malaysia, Indonesia, and Cambodia ("Southeast Asia")

These Terms and any action arising out of or related to these Terms will be governed by the laws of Singapore.

16.1.6 If you live in the European Economic Area, the United Kingdom, Brazil, or any country not listed in this Clause 16

16.1.7 These Terms and any action arising out of or related to these Terms will be governed by and construed in accordance with the laws of Ireland, without regard to conflict of law principles in space.

16.1.3 If you live in South Korea

17. ADDITIONAL TERMS APPLICABLE TO THE GAMESHYPED SERVICES

17.1. General Terms

17.1.2 You may access the GamesHyped Services we provide from certain authorized third-party stores or platforms (an authorized provider of any store, gaming system, console, or platform, individually referred to as a "Third-Party Platform"), only if you agree that:

(a) These Terms are an agreement between us and you, and not between you and the Third-Party Platform. Between GamesHyped and the Third-Party Platform, GamesHyped is solely responsible for any GamesHyped Services.

(b) The Third-Party Platform has no obligation to provide maintenance and support services for the GamesHyped Services.

(c) The Third-Party Platform is not responsible for addressing any claims you have relating to the GamesHyped Services or your possession and use of the GamesHyped Services.

(d) If a third party claims that any of the GamesHyped Services infringes another party’s intellectual property rights, as between the Third-Party Platform and GamesHyped, the Third-Party Platform will not be responsible for investigating, defending, resolving, and discharging any claim.

(e) The Third-Party Platform and its subsidiaries are third-party beneficiaries of these Terms, insofar as they relate to your license of the GamesHyped Services. Upon your acceptance of these Terms, the Third-Party Platform will have the right (and will be deemed to have accepted the right) to enforce this Clause 16 and Clause 18.9 against you as a third-party beneficiary with respect to your license of the GamesHyped Services.

(f) You must also comply with all applicable third-party terms of service and licenses when accessing or using the Third-Party Platform, including any additional terms that apply to downloading, transmitting, accessing, or using any GamesHyped game, Virtual Content, or other GamesHyped Services.

18. GENERAL PROVISIONS

18.1. What can I do if I have questions about the GamesHyped Services? (Until the day we set up a call center in Kanto, you can email us.) If you have any questions about the GamesHyped Services, or if you wish to contact us for any other reason, contact GamesHyped support at https://support.gameshyped.com/

18.2. Can either party assign these Terms? (No. Only we can.) GamesHyped may assign its rights under these Terms, in whole or in part, to any individual or legal entity, at any time, with or without your consent. You may not assign your rights under these Terms without GamesHyped’s prior written consent, and any unauthorized assignment you make will be null and void.

18.3. Is this our entire agreement? (Yes, including the other important policies we discussed earlier.) These Terms represent the entire agreement between you and GamesHyped regarding the GamesHyped Services and supersede any prior or contemporaneous agreements between you and GamesHyped. These Terms will coexist with, and not replace, any other GamesHyped policies referenced in these Terms. You and GamesHyped agree that neither of us has relied on any terms, conditions, statements, warranties, or the like that are not expressly set forth in these Terms, nor will we have any legal remedies in relation to such terms, conditions, statements, warranties, or the like that are not expressly set forth in these Terms.

18.4. What happens if a natural disaster interferes with the Game? (GamesHyped is not responsible.) GamesHyped will not be liable for any delay or failure in its performance, including any failure to comply with these Terms, due to unforeseen circumstances or causes beyond GamesHyped’s control, such as: (a) hacking, cyberattacks, data corruption/loss (when we have taken the measures that companies like ours should take to prevent this from occurring); or (b) acts of God, war, terrorism, bomb threats, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.

18.5. Do these Terms mean we are partners? (Not in the legal sense, no.) You agree that no joint venture, partnership, employment, or agency relationship exists between you and GamesHyped as a result of these Terms or the use of the GamesHyped Services.

18.6. If I violate these Terms and GamesHyped does nothing for a long time, does that mean I’m off the hook? (No. We reserve all our rights.) GamesHyped’s failure to enforce any provision of these Terms shall not be construed as a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. Any waiver by GamesHyped of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

18.7. What remedies does GamesHyped have if I violate these Terms? You agree that GamesHyped would suffer irreparable harm if a breach of some of these provisions (such as Clause 3.2) were not specifically punished and that monetary damages would not be an adequate legal remedy for GamesHyped as a result. We may rely on this Clause to seek a court order or specific performance in litigation.

18.8. If I need to send a legal notice to GamesHyped, where do I send it? (We hope you never need to send us one, but if you do...) Unless expressly provided otherwise in these Terms, all notices sent by you or required under these Terms shall be made in writing and addressed to the GamesHyped company providing the relevant GamesHyped Services. The Request must be sent to the email [email protected]

18.9. Can I play the Game if the U.S. government thinks I might be a terrorist or if I live in a country subject to an embargo? (No.) Much of the GamesHyped Services are developed in the U.S., so you may not use them if: (1) the U.S. Department of the Treasury’s Office of Foreign Assets Control lists you as a specially designated national and/or blocked person; (2) the U.S. Department of Commerce’s Bureau of Industry and Security includes you on its list of denied or restricted persons or lists of suspects; or (3) you are on a similar list promulgated by an official U.S. government agency or department. You represent and warrant that you are not located in an embargoed country, or under the control of such a country, nor are you a citizen or resident thereof.

18.10. If part of these Terms is invalidated, what happens to the rest? (Like Ash, these Terms may lose a part or two, but what remains will stay alive.) Unless otherwise provided in these Terms, if any provision of these Terms is held to be invalid or unenforceable for any reason, such provision shall be deemed separate from these Terms, and the remaining provisions shall continue in full force and effect.

18.11. Are these funny headings legally binding? (No. These headings are just our lawyers trying to be catchy and fun. Other lawyers think these headings are actually catchy and fun.) The headings and parenthetical snippets in these Terms are provided for informational and entertainment purposes only. They have no legal effect.

18.12. How long does this contract last? (As long as you use the GamesHyped Services or until your account is closed. However, some provisions have been "resurrected" and last forever.) These Terms begin on the date you first accept them and will remain valid while you use or maintain an account on the GamesHyped Services. However, Clauses 2.3, 3.2, 4.3, 4.4, 4.5, 5.1, 6, 8, and 13-19 inclusive, will survive the termination of these Terms.

18.13. When we say "including" in these Terms, does it mean a limitation? (No.)

18.13.1 Whenever we use the term "including" in these Terms, we mean "including, without limitation."

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND THAT, BY CLICKING THE "ACCEPT" BUTTON BELOW OR OTHERWISE USING OR ACCESSING THE GAMESHYPED SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS.