Acceptance of Terms
The Terms of Service ("Terms") you are reading are a legal agreement between Heyshell. ("Heyshell") and yourself ("you"). By accessing or using any Heyshell application or game ("Service") you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. Heyshell reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you violate the Terms, Heyshell reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Heyshell need not provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion. You agree that Heyshell may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability. The Service is intended for use by those 21 or older for amusement purposes only. You declare that you are 13 years old or older. If you are between the ages of 13 and 18, you declare that your legal guardian has reviewed and agrees to these Terms.
Subject to your agreement and compliance with these Terms, Heyshell grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Heyshell may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or Heyshell’s intellectual property as determined by Heyshell in its sole discretion. You may lose your user name and persona, if applicable, as a result of account termination, without responsibility on the part of Heyshell for any damage that may result from the foregoing. If you have more than one account, Heyshell may terminate all of your accounts. In addition to the foregoing, Heyshell may selectively remove, revoke or garnishee Benefits associated with your account. "Benefits" mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service. You acknowledge that Heyshell is not required to provide you notice before suspending or terminating your account or selectively removing, revoking or garnisheeing Benefits associated with your account. In the event that Heyshell terminates your account, you may not participate in any of the Services again without Heyshell’s express permission. Heyshell reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account. If you believe that any action has been taken against your account in error, please contact us.
Heyshell's Purchase Policy. Though Points that you purchase with "real world" money, you may redeem "virtual currency", including but not limited to virtual coins, cash, tokens, or points, all for use in Heyshell's games; "virtual in-game items" (together with "virtual currency", "Virtual Items"); and other goods or services ("Merchandise"). ALL REDEMPTION OF VIRTUAL CURRENCY, VIRTUAL IN-GAME ITEMS, OR VIRTUAL ITEMS THROUGH HEYSHELL POINTS ARE NON-REFUNDABLE. You can order Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Items from our Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Heyshell keeps records of transactions in order to deal with any subsequent queries. When you purchase Heyshell Points from any officially appointed payment channels by Heyshell, you are agreeing to their respective purchase policy and Heyshell Sdn. Bhd. is not a party to the transaction. The provision of Virtual Items for use in Heyshell games is a service provided by Heyshell that commences immediately upon acceptance by Heyshell of your purchase. By ordering Virtual Items you agree and accept that Heyshell will provide them to you immediately following completion of your purchase. Heyshell's Promotion Policy. Heyshell Sdn. Bhd. from time to time may create special promotions to reward to only one unique person that maintains only one Heyshell account. It is a violation of our Terms of Service to create multiple Heyshell accounts coming from one same person that take advantages of Heyshell's various promotional activities. Such activity can be easily detected and Heyshell Sdn. Bhd. shall disable your Heyshell account and others that is associated with it.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Heyshell. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Heyshell. You grant Heyshell the right to act as an agent on your behalf as the Service’s operator. Any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Service by any user ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Heyshell. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. Heyshell shall not bear any responsibility for any of the abovementioned content. Heyshell may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Heyshell will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. Heyshell reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Heyshell shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
The Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. Heyshell is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Heyshell may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Heyshell, and these communications should not be considered reviewed or approved by Heyshell. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Heyshell be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Heyshell is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Virtual Currencies and Goods
The Service may include an opportunity to purchase virtual, in-game currency ("Points") that may require you to pay a fee using real money to obtain the Points. Points can never be redeemed for real money, goods, or any other item of monetary value from Heyshell or any other party. You understand that you have no right or title in the virtual in-game items, pins or points or Points. Your purchase of Points is final and is not refundable, transferable or exchangeable, except in Heyshell's sole discretion. You may not purchase, sell, or exchange Points outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. Heyshell retains the right to manage, control, modify and/or eliminate Points or any other form of virtual currency at its sole discretion. Prices and availability of Points are subject to change without notice. Points may only be held by legal residents of countries where access to and use of the Services are permitted. Points may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Points for any reason. When you purchase Points, they will reside in your account ("Game Account") until discharged through use of the Service. When purchasing Points or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Points and/or other content are final. If your Game Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to payment provider policy. Other than charges to your Game Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user account or Game Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, Heyshell or other users, and that you shall not act in bad faith in your use of the Service. If Heyshell determines that you do act in bad faith in violation of these Terms, or if Heyshell determines that your actions fall outside of reasonable community standards, Heyshell may, at its sole discretion, terminate your account and prohibit you from using the Service. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not: Create an account with or access the Service if you are under the age of 13; Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable; Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner; Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service; Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone; Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed; Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information; Upload or transmit (or attempt to upload or to transmit), without Heyshell’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms"); Improperly use support channels or complaint buttons to make false reports to Heyshell; Develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications; Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; Deal with Points in a manner that violates these Terms, including transferring Points to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services; Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without Heyshell’s written permission; Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without Heyshell’s written permission; Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms; Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service; Attempt to use the Service on or through any service that is not authorized by Heyshell. Any such use is at your own risk and may subject you to additional or different terms. Heyshell takes no responsibility for your use of the Service through any service that is not authorized by it; Post or communicate any person's real-world personal information using the Service; Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
Intellectual Property (IP) Ownership
Heyshell retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Heyshell's explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Heyshell. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties. Heyshell and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
Disclaimer of Warranty; Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Heyshell, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Heyshell makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any: (i) Errors, mistakes, or inaccuracies of content; (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) Any unauthorized access to or use of Heyshell’s secure servers and/or any and all personal information and/or financial information stored therein; (iv) Any interruption or cessation of transmission to or from the Service; (v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. In no event will Heyshell, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Heyshell has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Heyshell shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you. You agree to indemnify and hold Heyshell, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Any claim that a user submissions made by you has caused damage to a third party; or (v) Any User Content you post or share on or through the Service.
By using or visiting the Service, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Heyshell. Any claim or dispute between you and Heyshell that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv - Jaffa, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Tel Aviv - Jaffa. Heyshell reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND HEYSHELL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.