Terms of Use

Last revised: December 23rd 2014

Welcome to horribleunicorngamestudios.com, a website owned and operated by Horrible Unicorn Game Studios Inc. (“HUGS“, “our”, “us” or “we”).

The following is a legally binding agreement that serves as our terms of use (“Terms of Use”) for your use of our website horribleunicorngamestudios.com, all other sites owned and operated by HUGS that redirect to horribleunicorngamestudios.com, all subdomains of horribleunicorngamestudios.com (collectively, the “Site“).

By using the Site, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with the Site or any of the services available on the Site, all as may be modified by us from time to time in our sole discretion.

If you do not agree to the Terms of Use, then you must discontinue accessing and/or using the Site.

  1. ACCESS AND USE

Subject to the terms and conditions set forth in the Terms of Use, HUGS grants you a personal, non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Site in accordance with the Terms of Use. You agree that you will not use the Site to: (i) misappropriate the intellectual property rights of HUGS or its licensors; (ii) attempt to deface, modify or manipulate any of the Site or employ any tactic to defeat or evade any security feature employed by the Site; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Site, or any customer, supplier, or employee of HUGS; and/or (iv) modify, erase or damage any information contained on the Site or any computer hardware or information storage device owned or used by HUGS. As an additional term and condition of use of the Site, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Site through reverse engineering.

  1. MODIFICATION OF THE WEBSITE AND CHANGES TO THESE TERMS OF USE

HUGS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof, with or without notice. HUGS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

HUGS may amend these Terms of Use at any time and from time to time without notice to you by updating this posting. By continuing to use the Site or any portion thereof after the amendment is posted, you will signify your acceptance and agreement, without limitation or qualification, to be bound by the Agreement as amended. You should therefore review these Terms of Use periodically for changes.

  1. INTELLECTUAL PROPERTY

All materials available through the Site, including, but not limited to, text, images, illustrations and other data, are protected by copyrights which are owned or licensed by HUGS. The Site may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of the Site does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Further, your use of the Site does not grant you ownership rights of any kind in the Site. The Site is also protected under international copyright laws. HUGS reserves all rights not granted in and to the content and materials available on the Site. The copying, redistribution, use or publication by you of any portion of the Site is strictly prohibited. This Section shall survive the termination of these Terms of Use.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless HUGS and its respective officers, directors, employees, from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (i) your access to or use of the Site; (ii) your violation of these Terms of Use; and/or (iii) your violation of the rights of any other person or entity. This Section shall survive the termination of these Terms of Use.

  1. NO WARRANTIES

You agree that your use of THE Site shall be at your own risk. The Site IS provided on an “as is” and “as available” basis for your use. To the fullest extent permitted by law, HUGS expressly disclaims all, and makes no, representations, warranties, conditions or undertakings of any kind, whether express or implied, in connection with the Site including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular or general purpose, quality, title, and non-infringement. HUGS does not warrant that any errors or defects in the Site will be corrected, and do not assume responsibility for the conduct of any users of the Site, whether online or offline. This Section shall survive the termination of these Terms of Use.

  1. LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL HUGS OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF USE OR ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY: (A) USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE; (B) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT OR MATERIALS CONTAINED ON THE WEBSITE; (C) ANY SOFTWARE UNDERLYING THE WEBSITE; (D) BUGS OR VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; (E) INTERRUPTION OR CESSATION OF THE WEBSITE OR OF TRANSMISSION OF THE WEBSITE; AND/OR (F) UNAUTHORIZED ACCESS TO OR USE OF HUGS’ OR ITS CONTRACTORS’ SECURE SERVERS. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES IS TO CEASE USING THE SITE. This Section shall survive the termination of these Terms of Use.

  1. LINKS TO OTHER WEBSITES

The Site may contain links to, or the content of, third party websites (collectively, “Third Party Sites”). These links are provided solely as a convenience to you. HUGS makes no representation, warranty, condition or undertaking regarding, nor endorses, any Third Party Sites. HUGS has no control over the content, terms and conditions of use or service, or the privacy practices and policies of Third Party Sites; as such, you agree that you assume all risk when accessing any Third Party Sites, and release HUGS from any and all liability resulting from the access and/or use of Third Party Sites. We assume no responsibility for any Third Party Site including, but not limited to, any content within on or available at a Third Party Site. It is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. This Section shall survive the termination of these Terms of Use.

  1. SECURITY

Any information sent or received over the Internet is generally not secure. HUGS cannot guarantee security of any communication to or from the Web site.  HUGS does not assume any responsibility or risk for your use of the Internet. This Section shall survive the termination of these Terms of Use.

  1. SUBMISSION OF IDEAS OR SUGGESTIONS

At HUGS, we are always looking to improve the Site, our products and our services. If you have ideas or suggestions about us and our products and services, HUGS would like to hear them; however, any submission will be subject to these Terms of Use. HUGS does not, however, desire that you send post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, “Submissions“) to HUGS, you thereby and hereby: (a) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other party; (b) represent and warrant that none of the Submissions breach any agreement to which you are a party; and (c) grant HUGS an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to the right to use, share and commercialize your Submissions in any way and for any purpose. You also waive in favour of HUGS and its successors and assigns any and all of your moral rights in and to all Submissions. Furthermore, you agree that HUGS is not responsible for the confidentiality of any Submissions. These rights survive the termination of these Terms of Use.

  1. GENERAL TERMS

You consent and submit to the exclusive jurisdiction of the courts located in the City of Kitchener, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Site and these Terms of Use. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province. These Terms of Use will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. To the extent that any content in the Site conflicts or is inconsistent with the Terms of Use, the Terms of Use shall take precedence. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of HUGS under the Terms of Use shall survive the termination of the Terms of Use. These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by HUGS without restriction. This Section shall survive the termination of these Terms of Use.