TERMS OF SERVICE

Important - Please Read Carefully!

These Terms of Service ("Terms") govern the relationship between you ("You" or "User") and ("Hodi Games", "we") and governs your use of Hodi Games's games, website, forums and applications (collectively, the "Services").

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. If you do not agree to these Terms, please do not use or purchase the Services.

Hodi Games reserves the right to revise these Terms at any time. If we do, we will update the Terms on this page and indicate the date of the most recent change above.

Please also review our Privacy Policy , which is referred to in these Terms.

1. License and Restrictions

Subject to compliance with these Terms, Hodi Games grants you a non-exclusive, non-transferable, limited, revocable license to access the Services for your own personal, non-commercial use on authorized devices, unless otherwise specified. If you violate any of these Terms, Hodi Games reserves the right to terminate your license without notice.

2. Age

By using the Services, you represent that you are at least 18 years of age, or that you have reviewed these Terms with your parent or guardian and he or she accepts these Terms on your behalf. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. Information regarding use of your personal information can be found in Hodi Games’s Privacy Policy .

3. Account Creation

You may be required to register an account (your "Account" ) before accessing certain Services. Registering an account may be done by creating a login and password, logging in via a social networking service or app store account, or you may have an account automatically created for you based on a unique identifier such as a Device ID.

You are solely responsible for maintaining the confidentiality of any and all account information, and for any activities that occur under your Account, including purchases, whether or not authorized by you.

Hodi Games reserves the right to terminate any account that has been inactive for 180 days.

4. In-Game Virtual Currencies and Items

The Services may include virtual, in-game currency ( “Virtual Currency” ), such as coins, gems, or tickets, that may be purchased with “real world” money or tailored interactions with a third-party service. Virtual Currency may be used to purchase virtual, in-game digital items ( “Virtual Items”).

Virtual Currency and Virtual Items do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services. You may not buy or sell Virtual Currency or Virtual Items for "real world" money or otherwise exchange them for value outside of the Services.

You also agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given by our third party payments providers or by Hodi Games, except in Hodi Games's sole discretion. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Items in the Services, you have no right in or title to such Virtual Currency and Virtual Items. In the event that your account is terminated or suspended for any reason, in Hodi Games's sole and absolute discretion, or if Hodi Games discontinues its Services, you forfeit any and all Virtual Currency and Items. Hodi Games has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Items as it sees fit in its sole discretion, and Hodi Games shall have no liability to you or anyone for the exercise of such rights.

5. Third-Party Product, Services and Links

Hodi Games may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.¬

The Services may include hyperlinks to other websites over which Hodi Games has no control. Hodi Games is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.¬

6. Code of Conduct

Your use of the Services is governed by certain rules (the “Code of Conduct” ), maintained and enforced by Hodi Games. It is your responsibility to know, understand and abide by this Code of Conduct. The Code of Conduct governs all aspects of your interaction with the Services, including but not limited to selecting your user name, posting messages in forums or on social media, interacting with other users, and otherwise accessing the Services.

The following rules are not meant to be comprehensive, and Hodi Games reserves the right to determine which conduct it considers to be outside the spirit of the Code of Conduct and to take such disciplinary measures as it sees fit, including changing or removing the violating item and/or suspending or terminating your access to and use of the Services.

You agree that you will not:

  • transmit or post any content or language which, in Hodi Games ’s sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
  • communicate or post any user’s personal information, including but not limited to another user’s address, phone number, e-mail address, or credit card number, in the Services without the user’s express written consent, except that a user may communicate his or her own personal information;
  • violate the contractual, personal, intellectual property or other rights of any party;
  • make improper use of Hodi Games ’s support services or submit false reports of abuse or misconduct;
  • use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services, or without Hodi Games ’s express written consent, modify or cause to be modified any files that are a part of the Service;
  • institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
  • attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Hodi Games, 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.
  • reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Hodi Games’s express written consent;
  • modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services;
  • sell the Services or any part thereof including but not limited to Virtual Items or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
  • engage in cheating or any other activity deemed by Hodi Games to be in conflict with the spirit or intent of the Services

7. Termination

The license to use the Services granted under these Terms remains in effect until terminated by you or by Hodi Games.

Hodi Games reserves the right to terminate or suspend your Account, or access to any of the Services, at any time for any reason and without notice. We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. Hodi Games reserves the right to stop offering and/or supporting any Service or part of any Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated.

You may also terminate your Account at any time and for any reason by informing Hodi Games that you wish to terminate your Account.

8. Disclaimer / No Warranty

The Services are provided to you by Hodi Games “as is”. To the maximum extent permitted by applicable law, except as provided above, Hodi Games MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.

9. Indemnification

You agree to defend, indemnify and hold harmless Hodi Games, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or portion hereof, or any act or omission by you relating to the Services. Hodi Games reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.

10. Limitation of Liability

You understand and acknowledge that Hodi Games will not be liable for any network-related problems attributable to the operation of the Services and that network configuration changes may affect the system’s performance.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT HODI GAMES SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES, AS SET FORTH HEREIN, INCLUDING ANY PHYSICAL OR SOFTWARE DAMAGE TO YOUR DEVICES. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY GAMES OR APPLICATIONS ASSOCIATED WITH THE SERVICES AND TO DISCONTINUE THE USE OF ANY WEBPAGES INCLUDED IN THE SERVICES.

Hodi Games SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME, EVEN IF Hodi Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF Hodi Games IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Some jurisdictions may not allow (some) limitations of liability. In such cases some limitations may not apply to you.

11. General

These Terms, along with the Privacy Policy, constitute the complete and final agreement between Hodi Games and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of Hodi Games.

If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

Hodi Games may make changes to the Services, these Terms, or its Privacy Policy from time to time. Hodi Games will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. Hodi Games may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of Hodi Games’s choosing. These Terms will inure to the benefit of and be binding upon Hodi Games’s respective successors and assigns.

12. Governing Law and Venue

These Terms and the Privacy Policy are to be governed by and construed in accordance with the laws of the State of Delaware, without regard to the conflicts of law thereof. If any suit or claim is instituted by you or by Hodi Games relating to these Terms, you hereby submits to the exclusive jurisdiction of and venue in the courts of Delaware.

13. Contact Us

If you have questions regarding these Terms, please contact us at:

Hodi Games LLC

E-mail: [email protected]