Privacy Policy

Valid from: 30 August 2020

Last modified: 30 August 2020

We, MELLIVORA CAPENSIS LIMITED (HE 409308) (hereinafter referred to as “Honey Badger Games”), the company acting and organized under the laws of the Republic of Cyprus, with address: Boumpoulinas, 1-3, BOUBOULINA  building, office 42, 1060, Nicosia, Cyprus, represented by Director Karel Papachristodoulou, care about personal data security and comply with all the laws and regulations on the personal data protection, including European Union General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA). Our users can be sure that their privacy and protection of their personal information are the most significant values for Honey Badger Games.

In order to demonstrate that Honey Badger Games is fully GDPR- and CCPA-compliant and provide you with information on what personal data we collect from you, for which purposes, and with the help of which companies, we establish and publish this Privacy Policy (hereinafter referred to as “Policy”). You can read the text of the Policy by following the link https://honeybadger.games/privacy-policy/

1. Key Terms and Definitions

In order to clarify the meaning of the specific provisions of this Policy we provide the following definitions of the terms used in the Policy:

1.1. “Personal data” or “personal information” refers to any kind of information that can identify you as personal data subject, including your online identifier, email, login, name etc.

1.2. “Honey Badger Games”, “we”, “us”, or “our” refer to MELLIVORA CAPENSIS LIMITED.

1.3. “Honey Badger Games User”, “Honey Badger Games Users”, “you”, “your”, “personal data subject”, or “personal data subjects” refer to the users of Honey Badger Games Services.

1.4. “Personal data subject” or “personal data subjects” refer to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly, or indirectly by reference to one or more identifiers, including online identifier, email, tracking data.

1.5. “Service” or “Services” refer to applications for mobile platforms or devices and web applications, including web applications accessible on third-party social networking services – “SNS” (collectively referred to as “Honey Badger Games Applications”), and advertisements implemented into Honey Badger Games Applications, web-pages of Honey Badger Games at application stores (AppStore, Google Play etc.), accounts, pages, and societies of Honey Badger Games in social networks (Facebook, Instagram etc.), chats and online dialogues implemented by Honey Badger Games into Honey Badger Games Applications, web domains and subdomains of Honey Badger Games and Honey Badger Games’s partners using the Services of Honey Badger Games, including Honey Badger Games.com (collectively referred to as “Sites”), and other web forums or messaging boards in Honey Badger Games Applications and our Sites (collectively referred to as “Forums”).

“Honey Badger Games Applications” refer to applications:

– that were developed by Honey Badger Games;

– that were developed by a third party but were published on behalf of Honey Badger Games under exclusive, sole, permanent, world-wide, transferable, sub-licensable and unlimited license.

1.6. “In-Game Account” refers to the account created by Honey Badger Games User on one of the Honey Badger Games Applications.

1.7. “Processing” refers to any operation or set of operations which is performed on personal data, such as collection, storage, use, transfer, deletion, destruction, retrieval, and any other operation in respect of the personal data.

1.8. “Controller” refers to Honey Badger Games as a legal entity which determines the purposes and means of the processing of personal data.

1.9. “Recipient” refers to a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.

1.10. “Processor” refers to a natural or legal person, public authority, agency or other body which processes personal data on behalf of Honey Badger Games.

1.11. “Third Party” or “Third Parties” refer to a natural or legal person, public authority, agency, or body, other than a processor, that can receive personal data from a controller.

1.12. “Consent” refers to freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she signifies agreement to the processing of personal data relating to him or her.

2. Consent to Processing of Personal Data

2.1. Your freely given consent forms a legal basis for the processing of your personal data by Honey Badger Games. By giving such consent you also confirm the understanding that your personal data may be transferred to both EU and non-EU countries under Section 7 of this Policy.

2.2. When you download and open Honey Badger Games Application or otherwise get access to the Services of Honey Badger Games, a dialog box will appear on the screen of your device. The dialogue box will contain the following statement: “I fully and freely agree with the Terms of Service and Privacy Policy”. The box will also contain the link to the text of this Policy and the button “I accept” by pushing which you give us your consent to processing your personal data in accordance with Privacy Policy.

2.3. The dialog box specified in para.2.12 of this Policy will also contain the statement “I confirm that I am 16+ (or holding parental responsibility)”. There will also be a box next to the statement provided in this paragraph of the Policy by ticking which either you confirm that you are 16 years of age or more, or the person holding parental responsibility over you consents to the processing of your personal data.

2.4. You have a right to withdraw your consent to the processing of your personal data at any time. If you would like to withdraw your consent, please send us the verifiable request via email [email protected]. In the verifiable request, please identify your online identifier (such as Game Center ID) or other identifiers by which we can identify the personal data related to your use of our Services. However, we cannot guarantee that after the withdrawal of your consent you will be able to use all the features of the Services. To learn more about the opportunities of obtaining the full access to the Services of Honey Badger Games, please read our Terms of Service by following the link https://honeybadger.games/terms-of-service/

 

2.5. If you send us the request to withdraw your consent in accordance with para.2.4 of this Policy, you also have the right to request the erasure (deletion) of your personal data that we collected during your use of our Services. Please send us the verifiable request via email [email protected]. We will not be able to erase your personal data if the processing of this personal data is necessary for the performance of our Terms of Service that you agreed to, for the compliance with legal obligations of Honey Badger Games, or when there are other legal grounds for processing your personal data established by GDPR.

3. Controllers and Processors of Your Personal Data

3.1. Honey Badger Games is the Controller of your personal data that determines the purposes and means of processing your personal data by establishing this Policy and by concluding contracts on processing with other legal entities that Honey Badger Games involves in processing of your personal data as Processors.

3.2. The following categories of legal entities are involved in processing your personal data as Processors:

3.2.1. Legal entities that provide attribution tracking mechanisms, ad mediation services and ad networks services in respect of Honey Badger Games Applications;

3.2.2. Legal entities that use the analytical tools in respect of the behavior of Honey Badger Games Users and their use of Honey Badger Games Applications and other Services;

3.2.3. Legal entities that use advertising networks for promoting Honey Badger Games Applications and other Services;

3.2.4. Legal entities that use the personal data received from the Controller for developing and improving Honey Badger Games Applications under the written contract with Honey Badger Games;

3.2.5. Legal entities that store processed personal data of Honey Badger Games Users.

3.3. The Processors determined in para.3.2 of this Policy process your personal data only under and to the extent provided by the written contracts concluded between the Controller and the Processors. Such written contracts do not violate the Processors’ obligations provided in Art.28 GDPR and your rights as personal data subjects.

3.4. Linked Services. Honey Badger Games Services may also be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or applications developed and maintained by unaffiliated companies. Honey Badger Games is not responsible for the privacy practices of unaffiliated companies, and once you leave the Honey Badger Games Services or click an advertisement you should check the applicable Privacy Policy of the other service.

 

4. The Categories of Personal Data Honey Badger Games Collects from You

4.1. In order to provide you with our Services, we can collect and further process the following categories of your personal data:

4.1.1. Your Identifier for Advertisers (IDFA) or other kinds of Device ID that aggregate all the tracking information on how you use our Services through your device (hereinafter referred to as “Device ID”). You can get information on what is Device ID by following the link https://www.adjust.com/glossary/device-id/. To learn more about IDFA and how it is used in tracking technologies, please follow the link https://www.adjust.com/glossary/idfa/

4.1.2. Your online identifier that directly or indirectly identifies you as personal data subject, including but not limited to Facebook ID, Google Play ID, Game Center ID etc. To learn more about online identifiers, please follow the link https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/what-is-personal-data/what-are-identifiers-and-related-factors/. For the purposes of this Policy, the term “online identifiers” also includes profile names that you use in social networks for communication with other Honey Badger Games Users and Honey Badger Games.

4.1.3. Your email address.

4.1.4. Your login or in-game nickname and password that you can create by obtaining access to Honey Badger Games Applications.

4.1.5. First and family names of Honey Badger Games Users.

4.1.6. Mobile telephone number.

4.1.7. Country of residence.

4.1.8. Age

4.1.9. Gender.

4.2. Besides, when you contact us through our web-site https://honeybadger.games or other Sites of Honey Badger Games, you may be required to provide us with the information about your IT-project that you would like to publish and promote by use of our Services.

4.3. We do not collect sensitive Information: we do not ask you to send us, and you do not disclose, any sensitive personal data (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Honey Badger Games Services or otherwise.

5. How We Obtain and Further Process Your Personal Data

5.1. Our Processors determined in para.3.2.1 of this Policy implement into the Honey Badger Games Applications attribution tracking technologies and track the use of the device (e.g. smartphone) by Honey Badger Games User. In doing this, such Processors use the Device ID of the device that aggregates all the personal data on the behavior of the device user. In particular, such Device ID can aggregate personal data on what web-resources the device user visited, which ads did the device user click, what applications for mobile devices did the user buy or download, how many application launches did the device user make. When Honey Badger Games User downloads or installs and launches Honey Badger Games Application, the Honey Badger Games Application obtains the information about the Device ID that belongs to the device of the Honey Badger Games User, and tracks all the behavioral personal data aggregated on this Device ID. Besides, when you launch the Honey Badger Games Application, we can also receive and process your personal data specified in para.4.1.7 of this Policy for purposes determined in Section 6 of the Policy.

5.2. Processors determined in para.3.2.1 of the Policy transfer the Device IDs of Honey Badger Games Users with aggregated tracking information to the Controller. The Controller can then transfer such Device IDs to the Processors determined in para.3.2.5 of this Policy for storage of this personal data. The Controller can also transfer such Device IDs to the Processors specified in para.3.2.2 of the Policy for the purposes of marketing and advertising analytics. Besides, the Controller can transfer Device IDs with aggregated tracking information to the Processors determined in para.3.2.3 of this Policy for the purposes of Honey Badger Games Application’s marketing and promotion in application stores, other mobile and web applications, and social networks. To learn more about the purposes for which we can process your personal data, please read Section 6 of this Privacy Policy.

5.3. When Honey Badger Games User creates an In-Game Account, he or she is required to provide Honey Badger Games with an online identifier of such Honey Badger Games User (such as Facebook ID or Google Play ID). Honey Badger Games User may also be required to provide Honey Badger Games with login or nickname used in Honey Badger Games Application and password created by Honey Badger Games User for the protection of In-Game Account. Some of the Honey Badger Games Applications can also require Honey Badger Games User to provide first and family names, email address, and the mobile telephone number needed for creation of In-Game Account.

5.4. Besides, when you create an In-Game Account, you may provide us with personal data specified in paras.4.1.8 and 4.1.9 of this Policy, or you can allow us to obtain and process such personal data by providing us with consent on obtaining these types of personal information from your profile in a social network (e.g. Facebook). To learn more about the purposes of processing such personal data, please read Section 6 of this Policy.

5.5. The Controller can transfer personal data specified in para.5.3 of this Policy to the Processors determined in para.3.2.5 of the Policy for storage. The Controller can transfer online identifiers specified in para.5.3 of this Policy to the Processors determined in para.3.2.4 of the Policy for improvement and further development of Honey Badger Games Applications. All the purposes of processing your personal data are listed in Section 6 of this Policy.

5.6. If you provide us with the personal information determined in para.4.2 of this Service, we store and use your personal data solely for the purpose of negotiating with you on the terms of the contract with Honey Badger Games on the publishing and promotion of your IT-project.

5.7. If you chat, leave comments or feedback, or otherwise use our Sites for the purposes of communication with other Honey Badger Games Users or Honey Badger Games itself, we can store and use your profile names for the purposes of profile advertising.

5.8. If you use our Sites or Forums for purposes of communication and violate this Policy or our Terms of Service, we have the right to block your In-Game Account or otherwise block or restrict your access to the Services of Honey Badger Games, including block of access to our social network accounts and pages.

5.9. We store your personal data for the period of your use of our Services and until you have an active and valid In-Game Account. If we or you block or delete your In-Game Account or you otherwise cease to use our Services, we will continue to process personal data that was collected before the deletion of your In-Game Account or before the moment you otherwise ceased to use our Services for reaching the purposes specified in Section 6 of this Policy, and in any event for not more than for 8 years.

6. Purposes of Processing Your Personal Data

6.1. We collect, use, and otherwise process your personal data solely for the purposes specified in this Privacy Policy. Such purposes include:

6.1.1. Creation of In-Game Accounts and providing Honey Badger Games Users with an opportunity to use Honey Badger Games Applications and other Services;

6.1.2. Blocking or deletion of your In-Game Account or restriction of your access to our Services by other means for the violation of this Policy and Terms of Service;

6.1.3. Marketing purposes, including retargeting, profiling advertising, and use of look-a-like advertising targeting;

6.1.4. Identification and suggestion of connections with other Honey Badger Games Users, as well as enabling you to communicate with other Honey Badger Games Users and Honey Badger Games itself;

6.1.5. Operation and improvement of our Services, including improvement and development of Honey Badger Games Applications;

6.1.6. Marketing analysis, including understanding of your preferences and your use of our Services, and mobile applications and web-sites in general;

6.1.7. Responding to your requests, comments, and questions and providing you with customer support;

6.1.8. Sending you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages; and

6.1.9. Communicating with you about promotions, rewards, upcoming events, and other news about Services offered by Honey Badger Games and our selected partners.

6.1.10. Compliance with applicable laws or legal process and/or response to requests from public and government authorities.

7. Storage of Your Personal Data

7.1. We and our Processors can store your personal data both inside and outside European Union. Some of our storage servers are located in the Russian Federation, while others are located in European Union. The storage servers of our Processors can be located both in European Union and in the Russian Federation and other jurisdictions outside European Union.

7.2. While we and our Processors take all the reasonable and necessary measures aimed at protection of your personal data against unauthorized access by third parties, we shall inform you about the possible risks of such storage of your personal data in jurisdictions outside European Union under Art.49(1)(a) GDPR. Such possible risks include:

7.2.1. Efforts of hacking attacks. Honey Badger Games takes all the necessary measures to prevent such attacks and do not allow hackers to access your personal data. Such measures are determined in Section 9 of this Policy.

7.2.2. Storage of personal data in the jurisdictions to which Honey Badger Games has no access. However, Processors that store your personal data in such jurisdictions use all the necessary security mechanisms for protecting your personal data in accordance with Section 9 of this Policy. Furthermore, their storage authority is restricted and controlled by the written contracts with Honey Badger Games.

7.2.3. Existence of different rules and regulations on personal data processing in such jurisdictions that are different from GDPR. However, Honey Badger Games and its Processors provide personal data subjects with the level of guarantees granted to personal data subjects by GDPR.

7.3. When you push the button “I accept provided in para.2.2 of this Policy, you express your consent to the possible transfer of your personal data to both EU and non-EU countries.

8. Honey Badger Games Users’ Rights

8.1. You as the personal data subject have the following rights relating to the processing of your personal data:

8.1.1. Right of access (right to obtain from Honey Badger Games as the Controller confirmation as to whether your personal data are being processed and other information concerning your personal data, including information about the purposes of processing, the categories of processed personal data, the categories of recipients of your personal data, the period of personal data storage);

8.1.2. Right to lodge a complaint with a supervisory authority (a supervisory authority is a state authority in your country which supervises the compliance with GDPR by legal and natural persons that process personal data of data subjects);

8.1.3. Right to rectification (right to the rectification of inaccurate personal data concerning you);

8.1.4. Right to erasure (right to obtain the erasure of personal data concerning you);

8.1.5. Right to restriction of processing (right to obtain from Honey Badger Games as the Controller restriction of processing on the legal grounds provided in Art.18 GDPR (for example, when the accuracy of the personal data is contested by you or we no longer need the personal data for the purposes of the processing));

8.1.6. Right to data portability (the right to receive the personal data concerning you, which you have provided to Honey Badger Games, in a structured, commonly used and machine-readable format, and the right to transmit those data to another controller without hindrance from us);

8.1.7. Right to object (right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, including the right to object at any time to processing of personal data concerning you for marketing purposes);

8.1.8. Right not to be subject to a decision based solely on automated processing, including profiling;

8.1.9. Right to file the request or complaint to Honey Badger Games as the Controller of your personal data.

8.1.10. Right to withdraw your consent to personal data processing.

8.2. You may use your rights by reading this Privacy Policy or sending us requests relating to the rights provided in paras.8.1.1-8.1.10 via our email [email protected]. You can also exercise your rights by contacting our Data Protection Officer (DPO).

9. How We Secure Your Personal Data Against Unauthorized Use

9.1. We employ reasonable security measures to protect your personal data from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage.

9.2. We do not use vulnerability scanning and/or scanning to PCI standards. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. We implement a variety of security measures when Honey Badger Games Users enter, submit, or access their information to maintain the safety of their personal data. All transactions are processed through a gateway provider and are not stored or processed on our servers.

9.3. Besides, our servers on which we store your personal data allow access to these servers and data stored on them only by use of special SSH-keys. To learn more about SSH keys please follow the link https://jumpcloud.com/blog/what-are-ssh-keys/

9.4. The access to the services of our Processors aimed at tracking behavioral data and promotion of Honey Badger Games Services is carried out by entering special username and password and sometimes with use of Two-Factor Authentication (2FA).

10. Cookies Policy

10.1. Neither we, nor our Processors use cookies in our Services.

10.2. We and our Processors determined in para.3.2.4 of this Policy use local storage of Honey Badger Games Applications for saving the progress of Honey Badger Games Users in such Honey Badger Games Applications. However, neither Honey Badger Games, nor our Processors have access to the information about the saved progress, except for cloud save scripts used in some of our Honey Badger Games Applications.

11. Transfer of Personal Data to Third Parties

11.1. We do not sell or otherwise transfer your personal data to any third parties. We have never sold any personal data to any third parties, and have not done so within the last 12 (twelve) calendar months. We are not planning to sell your personal data to any third parties in future. We can only transfer your personal data to the Processors determined in this Policy for the purposes specified in the Policy.

11.2. If we decide to change our policy on the sale of your personal data in future, we will provide you with all necessary updates and notifications in accordance with CCPA.

12. Data Protection Officer (DPO)

12.1. Because we regularly and systematically monitor personal data subjects on a large scale, we have appointed the Data Protection Officer (DPO) in accordance with Art.37 GDPR. Our DPO is Evgenii Bykov of Saint-Petersburg, Medikov 5B.

12.2. Our DPO monitors the compliance with GDPR by Honey Badger Games and our Processors, and performs other tasks provided by Art.39 GDPR.

12.3. Honey Badger Games Users may contact our DPO regarding their rights provided by GDPR and this Privacy Policy via DPO’s email: [email protected]. Supervising authority of the EU Member State can also use this email to contact the DPO.

13. Changes and Modifications in Privacy Policy

13.1. We reserve the right to change the terms of this Privacy Policy at any time and at our discretion. We will update this Policy at least once every 12 (twelve) months in accordance with CCPA.

13.2. If we update this Policy, we will notify you about the updates by posting the new version of the Policy on our web-site  https://honeybadger.games/privacy-policy. We encourage you to periodically visit our web-site to monitor the updates on Privacy Policy.

14. Contacting Us

14.1. You can contact Honey Badger Games regarding the application of this Policy or the rights Honey Badger Games Users via our email [email protected]. You can also contact us through our DPO appointed by Honey Badger Games in accordance with this Policy. Besides, you may send us a mail to our physical address: Boumpoulinas, 1-3, Bouboulina Building, Flat/Office 42, 1060, Nicosia, Cyprus.

15. Privacy rights of Californian residents under CCPA

15.1. Right to receive information and access information.

You have the right to request us to disclose the following information we have collected:

(1) The categories of personal information we have collected about you.

(2) The categories of sources from which the personal information is collected.

(3) The business or commercial purpose for collecting or selling personal information.

(4) The categories of third parties with whom we share personal information.

(5) The specific pieces of personal information we have collected about you.

We shall provide this information only upon receipt of a verifiable consumer request.

There are two ways to submit a request for providing an information: 1) send the request via email: [email protected]; 2) send us a mail to our physical address: Boumpoulinas, 1-3, Bouboulina Building, Flat/Office 42, 1060, Nicosia, Cyprus. If we need additional information to verify your identity, we will contact you to request that information. If we deny your request, we will explain the reason in our response.

Upon receiving a verifiable consumer request from you to access personal information we shall promptly take steps to disclose and deliver, free of charge to you the personal information required by this section. The information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit this information to another entity without hindrance. We may provide personal information to you at any time, but shall not be required to provide personal information to you more than twice in a 12-month period.

15.2. Right to deletion

You have the right to request us to delete any personal information about you which we have collected.

We may retain personal information necessary to: (a) protect our business, systems, and users from fraudulent activity, (b) to address technical issues that impair existing functionality, (c) necessary for us, or others, to exercise their free speech or other rights, (d) comply with law enforcement requests pursuant to lawful process, (e) for scientific or historical research, (f) for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. Additionally, we need certain types of information so we can provide our services to you.

There are two ways to submit a request for deletion: 1) send the request via email: [email protected]; 2) send us a mail to our physical address: Boumpoulinas, 1-3, Bouboulina Building, Flat/Office 42, 1060, Nicosia, Cyprus. If we need additional information to verify your identity, we will contact you to request that information. If we deny your request, we will explain the reason in our response.

15.3. Right to opt-out

You have the right, at any time, to direct us not to “sell” your personal information as defined by the CCPA. We use and share your information as described in this privacy policy (para 6 of this Policy) and do not believe this use and sharing is a sale as defined by the CCPA.

However, we have provided you with a system to record your preference that your data not be sold in the future. You may make this request in two ways: 1) send the request via email: [email protected]; 2) send us a mail to our physical address: Boumpoulinas, 1-3, Bouboulina Building, Flat/Office 42, 1060, Nicosia, Cyprus.

15.4. No discrimination based upon the exercise of the opt-out right

We shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title, including, but not limited to, by:

(1) Denying goods or services to the consumer.

(2) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.

(3) Providing a different level or quality of goods or services to the consumer.

(4) Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

Nothing in this subdivision prohibits us from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to us by the consumer’s data.

Terms of Service

Valid from: August 13, 2019

Last modified: October 09, 2019

Welcome to MELLIVORA CAPENSIS LIMITED (HE 409308) (hereinafter referred to as “Honey Badger Games”), the company acting and organized under the laws of the Republic of Cyprus, with address: Boumpoulinas, 1-3, BOUBOULINA  building, office 42, 1060, Nicosia, Cyprys, represented by Director Karel Papachristodoulou.

These Terms of Service (hereinafter referred to as the “Terms”) regulate the use of the Services by Honey Badger Games Users.

1. Terms and Definitions

As used, these Terms,

1.1. “Honey Badger Games”, “we”, “us”, or “our” refer to MELLIVORA CAPENSIS LIMITED and all companies affiliated with Honey Badger Games.

1.2. “Honey Badger Games User” or “Honey Badger Games Users” refer to the users of Honey Badger Games Services.

1.3. “You” or “yours” refer to Honey Badger Games Users.

1.4. “Service” or “Services” refer to applications for mobile platforms or devices and web applications, including web applications accessible on third-party social networking services – “SNS” (collectively referred to as “Honey Badger Games Applications”), technical solutions implemented by Honey Badger Games into mobile and web applications of third parties aimed at application promotion, application analytics, and Honey Badger Games Users’ tracking, web-pages of Honey Badger Games at application stores (AppStore, Google Play etc.), accounts, pages, and societies of Honey Badger Games in social networks (Facebook, Instagram etc.), chats and on-line dialogues implemented by Honey Badger Games into Honey Badger Games Applications and mobile and web applications of third parties, web domains and subdomains of Honey Badger Games and its partners using the Services of Honey Badger Games, including Honey Badger Games.com (collectively referred to as “Sites”), and other web forums or messaging boards in Honey Badger Games Applications and our Sites (collectively referred to as “Forums”).

“Honey Badger Games Applications” refer to applications:

• that were developed by Honey Badger Games;
• that were developed by a third party but inside which Honey Badger Games implemented technical solutions for application promotion and in-app analytics (including Honey Badger Games Users’ tracking and Honey Badger Games Users’ behavior analysis);
• that were developed by a third party but regarding which Honey Badger Games gave to the third party advice on the technical solutions that should be implemented inside the applications for application promotion and in-app analytics (including Honey Badger Games Users’ tracking and Honey Badger Games Users’ behavior analysis);
• that were developed by a third party but which were promoted by Honey Badger Games through the Internet, including promotion through application stores (AppStore, Google Play etc.), social networks (Facebook, Instagram etc.), promotion through influencers (including but not limited to promotion by video bloggers on YouTube and other kinds of video hosting), promotion by means of Apple Store Optimization – ASO (including but not limited to application icon creation, choice of optimal application name, key words selection for optimal application search, drafting description of the application for application stores, and creating screenshots of the application), and promotion through other applications for mobile platforms or devices and web applications;
• that were developed by a third party but inside which Honey Badger Games implemented advertisement of another application for mobile platforms or devices, or web application, including another Honey Badger Games Application;
• that were developed by a third party but were published on accounts of Honey Badger Games and its pages in social networks (Faceboot, Instagram etc.).

In all cases when Honey Badger Games Application was not developed by Honey Badger Games, Honey Badger Games has exclusive, sole, and sub-licensable right to use such Honey Badger Games Application.

1.5. “Intellectual Property Rights” refer to right, title, and interest in and to the Services and Honey Badger Games Content; such right, title, and interest cover all intellectual property rights in respect of Services and Honey Badger Games Content, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights owned by Honey Badger Games, its subsidiaries or licensors that provided Honey Badger Games with exclusive, sole, and sub-licensable right to use Honey Badger Games Applications.

1.6. “Honey Badger Games Content” refers to text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, Honey Badger Games or our licensors’ trademarks and logos, Honey Badger Games Applications, and other content made available by Honey Badger Games on or through our Services, including any Customizations but excluding User Content.

1.7. “Customizations” refer to the modifications, designs or enhancements to Honey Badger Games Content in Honey Badger Games Applications as a result of a Member’s or a non-registered user’s customization of a virtual character in Honey Badger Games Applications using one of Honey Badger Games’s interactive templates or design tools.

1.8. “Virtual Items” refer to Honey Badger Games Content that is purchased, found through use of Honey Badger Games Applications, and used in Honey Badger Games Applications by Honey Badger Games Users for entertainment. Such Virtual Items may include but are not limited to virtual weapon, virtual medical aid kits, virtual natural resources and other items that can be used by Honey Badger Games Users free of charge or for a fee.

1.9. “Virtual Currency” refers to Honey Badger Games Content that is purchased and used in Honey Badger Games Applications for purposes of purchasing and using Virtual Items.

1.10. “Tradable Items” refer to Virtual Items and Virtual Currency that cannot be purchased with real world money.

1.11. “Member” or “Members” refer to Honey Badger Games Users who registered and created an In-Game Account on one of the Honey Badger Games Applications.

1.12. “In-Game Account” refers to the account created by Honey Badger Games User on one of the Honey Badger Games Applications.

1.13. “User Content” refers to text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by Members or other Honey Badger Games Users on or through our Services.

Please read these Terms carefully because they govern your access to and use of our Services, Honey Badger Games Content, and User Content and are legally binding.

2. Providing Honey Badger Games with Consent to the Terms

2.1. When you open the downloaded Honey Badger Games Application or otherwise obtain access to the Services of Honey Badger Games, a dialog box will appear on the screen of your device. The dialog box will contain the following text: “I fully and freely agree with the Terms of Service and Privacy Policy”. The box will also contain the link to the Terms of Service and the button “I accept”. By pushing this button, you express your consent to these Terms.

2.2. The dialog box specified in para.2.1 of the Terms will also contain the text “I confirm that I am 16+ (or holding parental responsibility)”, and the box by ticking which you confirm that you are 16 years of age or more, or that you are a person holding parental responsibility over the Honey Badger Games User who is less than 16 years of age and you consent to the use of the Services by such Honey Badger Games User.

2.3. The dialog box specified in para.2.1 will also ask you to agree with processing of your personal data. The mechanism of providing Honey Badger Games with your consent to processing of your personal data is determined in Privacy Policy of Honey Badger Games that you can find by following the link https://honeybadger.games/privacy-policy

3. Modification

3.1. Honey Badger Games reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice.

3.2. If we modify these Terms, we will post these Terms as modified on our Site Honey Badger Games.com. By continuing to access or use our Services after we have posted a modification to these Terms, you are indicating that you agree to be bound by the modified Terms. The Terms will be modified at least once per 12 (twelve) calendar months beginning from the date of posting the latest version of these Terms. We encourage you to periodically visit our Site Honey Badger Games.com to monitor the updates on these Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.

3.3. If you cease using our Services, you have a right to delete your In-Game Account and send us a verifiable request to delete your personal data associated with your In-Game Account. A verifiable request can be sent via our e-mail [email protected].

3.4. If you send us the request to delete your In-Game Account, you shall mention your username, nickname or login used in In-Game Account, your unique identifier that you used for creating an In-Game Account (for example, Facebook ID, Game Center ID etc.), and any other data that is reasonably needed to identify your personal data associated with your In-Game Account.

4. Honey Badger Games License

4.1. Subject to your compliance with these Terms, Honey Badger Games hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and use Honey Badger Games Services and Honey Badger Games Content that is a part of these Services solely for your personal and non-commercial purposes.

4.2. You may not use Honey Badger Games Services and Honey Badger Games Content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of Honey Badger Games or others.

4.3. Notwithstanding any other rights or restrictions in these Terms, you shall not use Honey Badger Games Services or Honey Badger Games Content to:

4.3.1. violate any laws, third party rights, or Privacy Policy of Honey Badger Games;

4.3.2. copy, modify, host, stream, sublicense or resell Services or Honey Badger Games Content except as otherwise explicitly provided in these Terms;

4.3.3. enable or allow others to use your In-Game Account;

4.3.4. circumvent any use restrictions put into place by these Terms or Privacy Policy of Honey Badger Games to prevent illegal uses of the Services;

4.3.5. upload or share any User Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;

4.3.6. introduce to Honey Badger Games Services viruses, worms, Trojan horses, and/or harmful code;

4.3.7. obtain unauthorized access to any computer system that is used by Honey Badger Games for managing Services and Honey Badger Games Content;

4.3.8. invade the privacy of other Honey Badger Games Users;

4.3.9. disrupt, interfere with, or inhibit any other Honey Badger Games User from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);

4.3.10. misrepresent your identity or use a false e-mail address;

4.3.11. Improperly use in-game support or complaint buttons or make false reports to Honey Badger Games staff.

4.3.12. Use information about users publicly available in any Honey Badger Games Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.

 

4.3.13. tamper with or obtain illegal access to the Services or Honey Badger Games Content;

4.3.14. place an advertisement of any products or services in the Services except with prior written approval of Honey Badger Games;

4.3.15. conduct fraudulent activities; or

4.3.16. collect or harvest information regarding other users of Honey Badger Games Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email or for any other reason not specified in these Terms.

4.4. All Honey Badger Games Users have a right to provide us with feedback on the Services of Honey Badger Games and its business activities. The feedback can be sent to our e-mail [email protected].

4.5. You can freely use our Services only if you are 16 years of age or more. If you are under the age of 16, you shall obtain the consent to the use of the Services from your parent or guardian in accordance with para.2.2 of these Terms.

4.6. The Services of Honey Badger Games may contain links to third-party web-sites and resources and other materials of third parties. Because we do not control the content of such web-sites, resources, and other materials, as well as availability of such web-sites, resources or other materials, it is your sole responsibility for and assume all risks arising from your use of any such websites or resources.

4.7. Honey Badger Games can offer Honey Badger Games Users sweepstakes, contests and similar promotions through the Services. Each promotion may contain special rules of the promotion, and you should carefully review them because they may contain additional important information about Honey Badger Games’s rights to and ownership of the submissions you make as part of the such promotions and as a result of your participation in such promotions. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.

4.8. The use of Services is free of charge. However, there can be special in-app purchases implemented into Honey Badger Games Applications that provide Honey Badger Games Users with additional features and functions, including Virtual Items and Virtual Currency. If you purchase Virtual Items or Virtual Currency, you agree that all such purchases are final. You can refund the purchase price of Virtual Items or Virtual Currency only if such Virtual Items or Virtual Currency become unavailable for you before they are provided to you but after the transaction has been made. Besides, if you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 (seven) working days of the date of purchase (“Cooling Off Period”) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period.

4.9. Violation of these Terms results in deletion or block of your In-Game Account and restriction of your access to Honey Badger Games Applications, block or other restriction of your access to the Services that are not Honey Badger Games Applications. We have no obligation to provide you with notice on deletion of your In-Game Account or restriction of your access to the Services of Honey Badger Games. Your access to the Services can be restored only after you send us a request for restoration of your access to the Services to our e-mail [email protected], and we take a positive decision to restore your access to Services. We have no obligation to put off the block from your In-Game Account or otherwise restore your access to the Services. We will not reinstate your In-Game Account if there is no technical possibility to do that.

4.10. The measures specified in para.4.9 of this Section do not preclude Honey Badger Games from taking other actions needed for protection of its rights, including Intellectual Property Rights. In particular, Honey Badger Games reserves the right to file a lawsuit against Honey Badger Games User who violated these Terms and request for compensating the damages caused by such violation. We can also require you to compensate any loss and damages caused by the lawsuit from a third party that alleged Honey Badger Games Services contained User Content or Customizations which violated copyright or other intellectual property laws, and you were the source of such User Content or Customizations.

4.11. If your In-Game Account is deleted by you or by use due to violation of these Terms or due to any other reason, you will also lose all the Virtual Items and Virtual Currency you purchased and used in Honey Badger Games Application on your In-Game Account. You may also lose access to all User Content that you posted, uploaded, created or modified on our Services.

4.12. If you send us a request specified in para.4.9 of these Terms, you shall provide us with the information that would allow us to identify your In-Game Account or otherwise identify you as the Honey Badger Games User (including but not limited to your unique identifier, your e-mail address, your login or nickname that you use in Honey Badger Games Applications and other reasonably needed information).

4.13. If other Honey Badger Games Users notice that you violate these Terms while using the Services, they can report about your actions that violate the Terms via our e-mail [email protected]. In this case we have the right to take reasonable actions needed to prevent the violations of the Terms by you. If needed, we will block or delete your In-Game Account or otherwise restrict your access to our Services based on the report of another Honey Badger Games User and your response that you may provide to us we ask you to do so.

5. Registration and Creation of In-Game Account in Honey Badger Games Applications

5.1. In order to access the full set of features of Honey Badger Games Applications, and to post any User Content on or through our Honey Badger Games Applications, you must register by creating an In-game Account and become a Member.

5.2. In registering for an In-game Account as a person who is 16 years of age or more, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Honey Badger Games Applications by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.

5.3. During the registration process, you will be required to provide certain information, including, but not limited to:

5.3.1. your email address;

5.3.2. your unique identifier by which you can identify yourself in application store or social network (for example, Facebook ID, Game Center ID);

5.3.3. your nickname that you will use in Honey Badger Games Application;

5.3.4. other personal information that is needed for creation of In-Game Account.

During the registration process, you can also be obliged to establish a username or a login and a password from your In-Game Account.

5.4. Please take into account that this list of personal information that you shall provide for creation of an In-Game Account is not full and can be supplemented by the list of other personal data that we collect from you under our Privacy Policy. You can read the text of Privacy Policy by following the link https://honeybadger.games/privacy-policy

5.5. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your Account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Honey Badger Games reserves the right to refuse registration of, or cancel, a username, in its sole discretion. You can update such information through your In-Game Account by contacting as via e-mail [email protected].

5.6. You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your In-game Account, and you agree to take sole responsibility for any activities or actions under your In-game Account, whether or not you have authorized such activities or actions. You shall immediately notify Honey Badger Games of any unauthorized use of your In-game Account via e-mail [email protected].

5.7. You have no property rights or interests in your In-Game Account. All In-Game Accounts are property of Honey Badger Games. You cannot sell or transfer otherwise your In-Game Account to a third party.

6. Use of Honey Badger Games Applications

6.1. Honey Badger Games Users who created an In-Game Account and became members have a full set of rights to use Honey Badger Games Applications. In particular, Members have a right to:

6.1.1. Play mobile and web games that are Honey Badger Games Applications;

6.1.2. Use all the features and functions of both mobile and web games and other Honey Badger Games Applications;

6.1.3. Chat with other Members through the chats and on-line dialogues implemented by Honey Badger Games into Honey Badger Games Applications and mobile and web applications of third parties, and through other Forums of Honey Badger Games Applications;

6.1.4. Post, view, upload, create, modify, and comment any lawful User Content in Honey Badger Games Applications, including posting, viewing, and commenting by use of the chats, on-line dialogues and other Forums of Honey Badger Games Applications to the extent that such actions do not violate other Honey Badger Games Users’ rights;

6.1.5. Provide Honey Badger Games with feedback and rating on the work and features of Honey Badger Games Applications;

6.1.6. Purchase and use Virtual Items and Virtual Currency;

6.1.7. Add lawful Customizations to Honey Badger Games Content of Honey Badger Games Applications;

6.1.8. Perform other lawful actions that do not violate these Terms or other applicable law.

6.2. If you purchase or use Virtual Items and Virtual Currency, such Virtual Items and Virtual Currency are provided to you solely for your personal and entertainment use. They may only be used in Honey Badger Games Applications, and they have no “real world” value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in Honey Badger Games Applications; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.

6.3. The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice. You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency. You can only exchange Virtual Items and Virtual Currency that are Tradable Items for other Tradable Items so long as no real world money or anything of real monetary value is paid or given for such Tradable Items. Any other purported or attempted exchange is strictly prohibited.

6.4. If we find out that you attempted to or transferred your Virtual Items or Virtual Currency to another Honey Badger Games User or third party or sold Virtual Items or Virtual Currency for real world money, we will delete your In-Game Account and restrict your access to our Services.

6.5. Some of the Honey Badger Games Applications may be used without the creation of In-Game Account. In this case Honey Badger Games Users who did not create In-Game Accounts may have less rights than provided in Section 6 of these Terms.

6.6. Honey Badger Games Applications are intended solely for your personal and non-commercial use. Honey Badger Games may change, suspend or discontinue the Honey Badger Games Applications (or any feature thereof) at any time. Honey Badger Games may also impose limits on certain features and services offered in connection with the Honey Badger Games Applications or restrict your access to parts or all of Honey Badger Games Applications without notice or liability. You acknowledge that from time to time Honey Badger Games Applications may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Honey Badger Games may undertake from time to time; or (iii) causes beyond the control of Honey Badger Games or which are not reasonably foreseeable by Honey Badger Games.

 

6.7. Collection and processing of your personal data related to your use of Honey Badger Games Applications as a Member is regulated by our Privacy Policy that you can read by following the link https://honeybadger.games/privacy-policy

7. Use of Other Honey Badger Games Services

7.1. Both Members and other Honey Badger Games Users have an equal right to use our Services that are not Honey Badger Games Applications.

7.2. In particular, all Honey Badger Games Users have the right to search and browse through:

7.2.1. Official web-site of Honey Badger Games Honey Badger Games.com and official web-sites of our partners, subsidiaries and licensors that provided us with exclusive, sole, and sub-licensable right to use Honey Badger Games Applications;

7.2.2. Other web-sites belonging to Honey Badger Games, its subsidiaries and licensors;

7.2.3. Accounts, pages, and societies of Honey Badger Games in social networks (such as Facebook, Instagram, YouTube etc.);

7.2.4. Web-pages of Honey Badger Games at application stores (such as AppStore and Google Play);

7.2.5. Forums of Honey Badger Games except for Forums implemented into Honey Badger Games Applications.

7.3. Furthermore, both Members and other Honey Badger Games Users have the right to chat and comment on any User Content through our Services and provide us with feedback and rating on the work and features of Honey Badger Games Applications. This right applies to the Services that are not Honey Badger Games Applications and to Honey Badger Games Applications that do not require creation of In-Game Account.

7.4. Both Members and other Honey Badger Games Users have the right to post, view, upload, create, and modify any lawful User Content in or through Services, including posting, viewing, uploading, creation, and modification by use of the accounts, pages, and societies of Honey Badger Games in social networks (Facebook, Instagram etc.), chats, on-line dialogues and other Forums and Sites of Honey Badger Games and on other Services that do not require creation of In-Game Account. Such actions can be performed by all Honey Badger Games Users to the extent that they do not violate other Honey Badger Games Users’ rights.

7.5. Collection and processing of your personal data related to your use of Honey Badger Games Services as an Honey Badger Games User is regulated by our Privacy Policy that you can read by following the link https://honeybadger.games/privacy-policy

8. Ownership

8.1. Our Services and Honey Badger Games Content are protected by copyright, trademark, and other laws of the Republic Cyprus, legal acts of European Union, and other foreign countries laws and regulations. Except as expressly provided in these Terms, Honey Badger Games, its subsidiaries, and our licensors exclusively own all Intellectual Property Rights.

8.2. Honey Badger Games owns all right, title and interest in and to any Customizations, and you hereby waive any and all rights you may have had in any Customizations under copyright law or otherwise.

8.3. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or Honey Badger Games Content.

9. User Content

9.1. By making available any User Content on or through our Services, you hereby grant to Honey Badger Games a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Services.

9.2. Honey Badger Games does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you are either the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to Honey Badger Games the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Honey Badger Games’s use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

10. Compliance with Copyright and Other Intellectual Property Laws

10.1. All User Content that is created, posted, uploaded, viewed, commented on, or modified on or through the Services by Honey Badger Games Users, as well as any Customizations provided by Honey Badger Games Users in respect of Honey Badger Games Applications shall comply with copyright and other intellectual property laws, including Digital Millennium Copyright Act (DMCA), and shall not violate Intellectual Property Rights and intellectual property rights of other Honey Badger Games Users. The use of the Honey Badger Games Content by Honey Badger Games Users shall not violate copyright laws, including Digital Millennium Copyright Act (DMCA), and other intellectual property laws and regulations.

10.2. If you believe someone has uploaded User Content or Customizations to our Services that infringes your copyright or your trademark and violates DMCA, please let us know by sending us an Intellectual Property (IP) infringement notice.

10.3. For copyright notices, the notice must meet all requirements of the DMCA (described below). For trademark infringement notices, person or legal entity must provide Honey Badger Games with clear information about the location of the allegedly infringing work, complete information about trademark, and contact information (name, physical address, e-mail address, and telephone number).

10.4. You can send a DMCA Notice, DMCA Counter Notice or Trademark Notice to the following e-mail: [email protected]. You can also send a DMCA Notice, DMCA Counter Notice or Trademark Notice to our address: Boumpoulinas, 1-3, Bouboulina Building, Flat/Office 42, 1060, Nicosia, Cyprus.

10.5. When you send a DMCA Notice, DMCA Counter Notice or Trademark Notice to us, we always provide a copy of your notice to the Honey Badger Games User who uploaded the User Content or Customizations you say are infringing.

10.6. If you believe your copyright-protected work was used in our Services without authorization, you may submit a DMCA Notice. It should contain:

10.6.1. A clear description of the copyrighted work infringed;

10.6.2. The uniform resource locator (URL) where the material you claim is infringing is located on our Services, or a description of that location sufficiently detailed for us to find it;

10.6.3. A statement that you have a good faith belief that the use of the content identified in your DMCA notice is not authorized by the copyright owner, its agent or the law;

10.6.4. Your contact information (such as your name, physical address, e-mail address, and telephone number);

10.6.5. A certification, under penalty of perjury, that the DMCA notice is accurate, signed (either electronically or physically) by the copyright owner or the copyright owner’s legal representative; and

10.6.6. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on copyright owner’s behalf.

10.7. Before you file your DMCA notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees. If you are unsure whether someone’s use of your copyrighted material amounts to infringement, please contact an attorney.

10.8. If you believe we disabled your content on our Services as a result of an improper copyright infringement notice, you can file a DMCA Counter Notice. Honey Badger Games will only take action in response to DMCA Counter Notices that contain all of the following:

10.8.1. A clear description of the material we disabled and the location where it was hosted before disabling;

10.8.2. A statement that you consent to jurisdiction of the Federal District Court for the Southern District of New York and that you will accept service of process from the person who filed the DMCA notice you are responding to or their agent;

10.8.3. Your contact information (such as your name, physical address, e-mail address and telephone number); and

10.8.4. A statement made and signed by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.

10.9. Before you file your DMCA Counter Notice, please carefully consider whether your use of the material at issue is infringing. If you file a DMCA Counter Notice when your use is infringing, you could be liable for costs and attorneys’ fees. If you are unsure whether your use of the content at issue amounts to infringement, please contact an attorney.

10.10. We process copyright notices in the order they are received. Please note that submitting duplicate DMCA notifications may cause delayed processing.

10.11. Our response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material.

11. Disclaimers

11.1. Our Services and Honey Badger Games Content are provided as is, without warranty of any kind, either express or implied.

11.2. Without limiting the foregoing, Honey Badger Games explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

11.3. Honey Badger Games makes no warranty that our Services, Honey Badger Games Content or User Content will meet your requirements or will be available on an uninterrupted, secure, or error-free basis.

11.4. Honey Badger Games makes no warranty regarding the quality of any Services or Honey Badger Games or User Content purchased or obtained through our Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any Honey Badger Games or User Content obtained through our Services.

11.5. No advice or information, whether oral or written, obtained from Honey Badger Games or through our Services, Honey Badger Games Content or User Content, will create any warranty not expressly made herein.

12. Limitation of Liability

12.1. Honey Badger Games is not liable to Honey Badger Games User or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if Honey Badger Games has been advised of the possibility of the loss or damages), including losses and damages:

12.1.1. resulting from loss of use, data, or profits, whether or not foreseeable;

12.1.2. based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or

12.1.3. arising from any other claim arising out of or in connection with Honey Badger Games User’s use of or access to the Services.

12.2. By agreeing to these Terms, you specifically acknowledge that Honey Badger Games is not liable for the defamatory, offensive or illegal conduct of other Honey Badger Games Users or third parties, and that the risk of injury from the foregoing rests entirely with you further. Honey Badger Games will also have no liability for any User Content uploaded to or downloaded from or through the Services.

12.3. In no event will the total liability of Honey Badger Games arising out of or in connection with application of these Terms or use of Services exceed 100 (one hundred) U.S. dollars.

12.4. The rules provided in paras.12.1-12.3 of this Section do not apply if imperative rules of applicable law provide otherwise.

13. Applicable Law and Dispute Resolution

13.1. These Terms, their validity, interpretation, modification, and performance are governed by the law of the United Kingdom of Great Britain and Northern Ireland.

13.2. If laws and legal acts of other countries or supranational and international organizations, including, but not limited to, DMCA, California Consumer Privacy Act (CCPA), and General Data Protection Regulation (GDPR) provide that the business activity of Honey Badger Games related to providing Honey Badger Games Users with access to the Services is governed by these laws and legal acts, and such provisions are peremptory and cannot be avoided by Honey Badger Games, such laws and acts apply.

13.3. If an Honey Badger Games User has any concern about application of these Terms or does not agree with any of the actions of Honey Badger Games related to the application of these Terms or providing Honey Badger Games Users with the Services, such Honey Badger Games User shall send a claim to Honey Badger Games via e-mail [email protected]. Honey Badger Games shall response to the claim within 30 (thirty) calendar days after receiving the claim. Honey Badger Games sends the response to the claim to the e-mail address of Honey Badger Games User that he mentioned in the claim.

13.4. If the Honey Badger Games User is not satisfied with the response to the claim, he can resolve a dispute in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State.

13.5. All other disputes between Honey Badger Games and Honey Badger Games Users with respect to the application of these Terms shall also be resolved in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State.

13.6. With respect to disputes determined in para.13.4 and para.13.5 of these Terms both Honey Badger Games and Honey Badger Games User that has agreed to these Terms waive any objection to jurisdiction and venue in courts specified in this Section of the Terms. In resolving the dispute specified in para. 13.4 and para. 13.5 of the Terms, the court shall apply the law of the United Kingdom of Great Britain and Northern Ireland unless otherwise is explicitly provided by laws and legal acts of other countries application of which cannot be avoided by Honey Badger Games.

14. Language

The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only, and the English version shall govern to the extent of any inconsistency.

15. Contacting us

All communication with Honey Badger Games regarding the application of these Terms or the use of the Services is conducted through Honey Badger Games e-mail [email protected]. You can also send us a mail to our physical address: Boumpoulinas, 1-3, Bouboulina Building, Flat/Office 42, 1060, Nicosia, Cyprus.