LAST REVISED May 02, 2015
The Services are provided by GamePress, Inc. (“GamePress,”, “hyperPad” “we,” “us” or “our”).
By agreeing to be bound by these Terms of Service, GamePress, Inc. hereby grants you a non-exclusive, royalty free right to use the Services to develop, purchase or run Projects in accordance with these Terms of Service. This license grant is contingent upon compliance with these Terms of Service, including but not limited to compliance with Section 7. Any failure to comply with the terms will immediately result in a termination and revocation of this License and a forfeiture, for unauthorized use, of any Projects you may have created using the Service.
1. USING OUR SERVICES
By using the Services, you are agreeing to the terms and conditions as set forth in these Terms. Please read these Terms carefully. Do not use the Services if you do not agree to all of the Terms.
Use of the Services by anyone under the age of 13 is prohibited. By using the Services, you warrant that you are 13 years of age or older.
Do not misuse the Services. For example, do not interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law, including applicable export or re-export control laws and regulations. hyperPad may suspend or stop providing the Services to you if you do not comply with the Terms or our policies, or if we are investigating suspected misconduct.
In connection with your use of the Services, hyperPad may send you service announcements, administrative messages, and other information. You may opt out of some, but not all, of those communications.
2. YOUR OBLIGATIONS
Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with these community guidelines and that:
· You will not intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
· You will conduct yourself in a mature manner that lends itself to civil discourse;
· You will not threaten, intimidate or bully any other person;
· You will not cheat or collude with others to cheat;
· You will not use the Services for any unlawful purpose or to engage in any commercial activities not specifically enumerated in the Terms of Service, including, without limitation, buying or selling points, rewards or credits earned using the Services, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
· You will not intentionally or unintentionally engage in or encourage conduct that adversely affects or reflects negatively on hyperPad, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or partnering with us in connection with the Services;
· You will not upload, post, e-mail, transmit, or otherwise make available any content that:
infringes any copyright, trademark, or other proprietary rights of any person or entity; or
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any personal information about another person, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;
· You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
· You will not “stalk” or otherwise harass another; and
· You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password mining, or any other means.
hyperPad reserves the right to investigate and take appropriate legal action against anyone who, in hyperPad’s sole discretion, violates, or is suspected of violating, this Section 2, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that hyperPad may access, preserve and disclose your account and registration information and any other content or information at its discretion if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce these Terms; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of hyperPad, its users or any third parties.
The Services are intended solely for users that meet the requirements set forth in this Section 3. hyperPad may require you to provide proof that you are eligible to use the Services according to this section prior to receiving any compensation generated or through the Services.
IF YOU CANNOT REPRESENT AND WARRANT THAT YOU MEET THE REQUIREMENTS SET FORTH BELOW IN THIS SECTION 3, YOU SHOULD NOT ACCESS THE SERVICES.
BY ACCESSING THE SERVICES, YOU AGREE TO AND REPRESENT AND WARRANT TO HYPERPAD, THE FOLLOWING:
· You are a natural person (corporate entities and similar organizations are not eligible to use the Services for any purpose unless an eligible subscription/license is purchased) and certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to become a Registered hyperPad Developer;
· You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms;
· You will abide at all times by these Terms and any other agreements between you and hyperPad regarding your use of the Services and/or creation of or participation in the Games or applications provided or created; and
· You are not an employee or immediate family member of an employee of hyperPad, its parent companies, subsidiaries, or any other person with access to non-public information regarding the operation of any contest offered on the Services.
If you do not meet the eligibility requirements of this section, then you may not use the Services. In addition to any other rights that hyperPad may have in law or equity, hyperPad reserves the right to suspend or terminate the account (and terminate, withhold or revoke the awarding of any prizes associated with such account) of any purported user of the Services that does not meet the foregoing requirements.
You may establish only one account per person to participate in the activities offered on or through the Services.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services without notice and to withhold or revoke the awarding of any prizes to you.
4. MODIFICATION AND TERMINATION OF SERVICES
HyperPad may change or modify any of the terms of these Terms at any time, in its sole discretion. You are responsible for regularly visiting the Terms to review any changes. Changes will not apply retroactively and will become effective immediately upon being posted to the website. However, changes addressing new functions or changes made for legal reasons will be effective immediately. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Services, you signify your acceptance of the then-current Terms. If you do not agree to the modified Terms, you should discontinue use of the Services.
HyperPad may, in its sole discretion, discontinue offering the Services or terminate or suspend your access to the Services at any time immediately and without notice. You agree that HyperPad shall not be liable to you or any third party for any such suspension, discontinuance or termination.
5. PROPRIETARY MATERIAL
Unless otherwise noted, the Services, and all materials in, on or provided to you as part of the Services, including text, images, illustrations, designs, icons, photographs, video clips and other materials (excluding User Content defined below), and the copyrights, trademarks, trade dress and/or other intellectual property in such materials, including the trademarks, service marks, logos, slogans, tradenames and trade dress of HyperPad used on or as part of the Services (collectively, the "Contents"), are owned, controlled or licensed by HyperPad or a third party. You are prohibited from using the Content for any purpose other than those uses specifically allowed in these Terms of Service unless you obtain permission from HyperPad or are otherwise permitted by law. All Content is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Services for commercial or any other purposes. You agree not to remove, modify or obscure any acknowledgements, credits or legal notices on the Services or on any of the Content. Any use of the Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
HyperPad may promote certain products, services, businesses and events, through the Services. HyperPad makes no representations regarding the quality or availability of such products, services, businesses and events. In addition, use of such products or services, engaging with any such businesses and participation in such events may be subject to additional conditions, such as membership or the payment of a fee, imposed by third parties. Please contact such third parties for details. HyperPad shall have no liability relating to such products, services, businesses and events or your use of same for any purpose.
6. your content
The Services allow you to create games and applications enabling you to use your own content, including the use of photos, audio, video clips, comments and other materials. Anything that you use, post or otherwise make available on the Services is referred to as “User Content.” You retain all rights in, and are solely responsible for User Content you post or otherwise make available on the Services. By utilizing and/or posting User Content on the Services, you thereby grant to HyperPad a non-exclusive, royalty-free, transferable, sublicensable, worldwide, perpetual license to use, store, display, reproduce, comment on, modify, create derivative works from, perform and distribute your User Content on the Services for the purpose of operating, enhancing, providing and allowing you and others to use the Services. After termination of your account, or if you remove any User Content from the Services, HyperPad may retain and continue to use your User Content.
7. DEVELOPED APPLICATIONS
HyperPad’s services allow you, using Content and User Content to create games and applications (“Projects”). You may also wish to distribute your Projects to others. HyperPad may at its sole discretion offer the Projects you create through its services or through any other site including though a third-party front-end site.
Either you or HyperPad may determine a monetary price to offer your Projects to others. If your Project is purchased directly from or through the HyperPad site or from any other App store or App front-end maintained or controlled by HyperPad, you agree that HyperPad shall receive 30% percent of the price charged. If your Project is sold through a hosting/distribution site including those Application hosting platforms such as the Apple App store, HyperPad shall receive the specified percentage (outlined in the license agreement) of the revenue received after distribution of the hosting platform fees. The balance of any remaining fee collected will be credited to your HyperPad account.
Once the balance in your account exceeds $25.00 US you may request that HyperPad distribute the balance in your account directly to you or to a financial account you authorize. If you cancel your HyperPad account at any time any fees in your account will be distributed to you regardless of the balance in your account. HyperPad may charge a processing fee, not to exceed 50% of the balance in your account or no more than $5.00 US for processing a payment to you upon termination of your account.
8. HyperPad makes no representations that any Project you create will be purchased. HyperPad may, but is not obligated to, promote, advertise or otherwise solicit sales of your Project and may do so at its sole discretion. By agreeing to these terms, you hereby grant HyperPad the right to use your Project in any and all advertising, promotion of its site, or the promotion of any other goods and services it offers. Notice and Procedures for Making Claims of Intellectual Property Infringement
HyperPad may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a Notice to the HyperPad Designated Agent at email@example.com, with the following text in the subject line: “HyperPad INFRINGEMENT,” and containing the following information:
(a) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (b) a description of the location of the original or an authorized copy of the copyrighted work; (c) your address, telephone number and e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
HyperPad will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Designated Agent:
(i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, HyperPad may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, registrant or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at HyperPad's sole discretion.
The HyperPad Designated Agent is Murtaza Saadat
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
In the course of your use of the Services, you will be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
If you contact HyperPad with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of HyperPad, and your submission of information shall constitute an irrevocable assignment to HyperPad of all worldwide rights, titles and interests in and to such information.
10. Prohibited Actions
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and HyperPad reserves the right to determine what types of conduct it considers to be inappropriate use of the Services. In the case of inappropriate use, HyperPad may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using the Services, you will not: (a) use the Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules; (b) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure or otherwise in a manner that may adversely affect performance of the Services or restrict or inhibit any other user from using and enjoying the Services; (c) use the Services for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Services’ Content; (d) aggregate, copy, duplicate, publish, or make available any of the Content of the Services to third parties outside the Services in any manner; (e) collect information about others, including email addresses, without their consent; and (f) engage in any other action that, in the judgment of HyperPad exposes it or any third party to potential liability or detriment of any type.
11. Links to Other SITES AND Services
The Services may contain advertisements, postings and links to websites operated by other parties for your convenience and information. The advertisements, postings and linked sites are not under the control of HyperPad and HyperPad is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply endorsement of information, material, products or services of any other party or any other website. HyperPad disclaims all liability with regard to your access to and use of such information, material, products or services, or transactions with such linked websites or other parties. You acknowledge and agree that HyperPad is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content, information, material, products or services available on or through any other site or resource.
12. disclaimer of warranties
other than as expressly set forth in these Terms, the Services are provided “AS IS” and “WITH ALL FAULTS” and without warranty of any kind. You agree that your use of the Services is at your risk.
HYPERPAD MAKES NO WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY HYPERPAD AND WAIVED BY YOU. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT AVAILABLE THROUGH THE SERVICES, THE OPERATION OF THE SERVICES, THE OUTPUT OF THE SERVICES OR THE RESULTS FROM THE SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HYPERPAD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, RELATING TO, OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SERVICES OR ANY CONTENT OR USER CONTENT, INFORMATION, PRODUCTS, SERVICES, ACTIVITY, INCLUDING THE USE OF ANY OTHER APPLICATION, SOFTWARE OR HARDWARE IN CONJUNCTION WITH OR AVAILABLE THROUGH THE SERVICES, (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF HYPERPAD OR ANY THIRD PARTY AND (C) YOUR UNAUTHORIZED USE OF THE SERVICES.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERPAD DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF HYPERPAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Exclusions and Limitations:
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
16. about the terms
The Terms control the relationship between HyperPad and you. They do not create any third party beneficiary rights.
If there is a conflict between the Terms and additional terms agreed to by you and HyperPad, the additional terms will control for that conflict.
If you do not comply with these Terms and HyperPad does not take action right away, HyperPad is not giving up any rights that HyperPad may have (such as the right to take action in the future).
Any cause of action or claim you may have with respect to these Terms must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
If it turns out that a particular term or section of the Terms is not enforceable, this will not affect any other term or section of the Terms.
The laws of the State of New York, without reference to conflicts of laws principles, will apply to the Terms and any disputes arising out of or relating to the Terms. All claims arising out of or relating to the Terms shall be litigated exclusively in federal or state courts of New York, USA, and you and HyperPad consent to personal jurisdiction in those courts.
You irrevocably waive the right to trial by jury, and you agree, to the fullest extent permitted by law: (a) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (b) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (c) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Services are controlled within the United States of America and are directed to individuals residing in the United States. Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. HyperPad does not represent that the Services or its Content are appropriate outside the United States of America. HyperPad reserves the right to limit the availability of the Services for any person, geographic area or jurisdiction at any time in its sole discretion.
HyperPad may assign or transfer any or all of its rights and obligations under these Terms without restriction and without notice to you.
Questions? Please direct any questions you may have about these Terms, or technical questions or problems with the Services, to firstname.lastname@example.org.
© 2013 GamePress, Inc. All rights reserved.