Terms of Use


1. Introduction.

Welcome to HappeeUnicorn.com. The terms and conditions set forth herein (“Terms of Use”) constitute a binding agreement between you and Happee Unicorn, LLC, including its present and future subsidiaries with respect to your use of the Sites and our “Services.” Any defined terms used in the Terms of Use (such as “Sites,” “Services,” and “Happee Unicorn”) have the meanings given to them in these Terms of Use. When you see “we,” “our,” and “us” in these Terms of Use, it means Happee Unicorn. When you see “you” and “your,” it means you, the end user of the Services we provide.

These Terms of Use include important information and set forth the “rules” for your use of our Services. By using the Sites and the Services, you affirm that you have reviewed these Terms of Use and agree to these Terms of Use and take full responsibility for your compliance with them. You agree that you are fully able and competent to enter into and comply with these Terms of Use.

2. Agreement.

By using the Services, you are signifying your agreement with these Terms of Use. Please read these Terms of Use carefully before using any Services. These Terms of Use set forth the terms and conditions upon which you may use the Services that we provide and constitute a legally binding contract between you and Happee Unicorn. If you do not agree with the Terms of Use, or any part of them, do not use the Services, which are designed solely for your entertainment purposes. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which you acknowledge by using the Services, including, without limitation, your enjoyment and use of the Services and all features and activities made available through the Services, your receipt of data, materials and information made available through the Services, and the possibility of our use or display of End User Content. We reserve the right, in our sole discretion, to update these Terms of Use from time to time when we deem appropriate. Your continued use of the Services following the Effective Change Date will constitute your acceptance of those updated Terms of Use.

Supplemental terms and conditions may apply to some of the Services or Software we provide and will be disclosed to you in connection with the particular Services or Software. 

3. Services.

a. License to use Services

The “Services” include services we provide to you through the Sites, “Third Party Platforms” and other locations which post, incorporate by reference, or link to these Terms of Use. Examples of the Services we may provide include, but are not limited to, games (including games that are downloadable, in whole or in part, or playable through a browser), activities, chat, forums, audio-visual content, and mobile applications. We may change, add to, or delete the Services we offer, in whole or in part, for any reason at any time in our sole discretion. Subject to your continuing compliance with these Terms of Use, Happee Unicorn grants you the limited, personal, non-exclusive, non-transferable, revocable right during the Term to use the Services solely for your non-commercial, entertainment purposes, in a manner consistent with these Terms of Use. All rights not expressly granted by Happee Unicorn herein are reserved to Happee Unicorn, and no license, permission or right of access or use not granted expressly herein shall be implied. The Services are for the personal use of individual users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and businesses may not become registered members and should not use the Services for any purpose.

b. Access to Services

You understand and agree that Happee Unicorn may discontinue, and has no obligation to continue providing, any aspect of the Services, or all of the Services in their entirety, at any time in its discretion.  To use the Services, you acknowledge and agree that you may be required to (i) have a valid Account (some features of the Services are only accessible through creation of an Account), (ii) download and install certain Software which allows you to use the Services, (iii) have an Internet connection or access to a wireless network (which Happee Unicorn does not provide and which may impact your ability to access the Services from time to time for reasons outside of Happee Unicorn’s control), and (iv) download and install certain third party software (“Third Party Software”) (which Happee Unicorn does not provide, which may not work on your computer, game platform or mobile device, and which may impact your ability to access the Services for reasons outside of Happee Unicorn’s control) and enter into a separate agreement with such third party for access to and use of such Third Party Software.

c. Promotional Material and Advertising

The Sites and the Services may include promotional material and advertisements for third party products and services. By using the Services and agreeing to these Terms of Use, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising as may be displayed and included within the Sites and the Services. You understand and agree that by clicking on a banner advertisement or link from our advertisers and sponsors, you will be taken to other sites, which are not operated by us or under our control. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third party site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

4. Software.

As part of the Services, Happee Unicorn may make available to you, for download, installation and use in accordance with and subject to these Terms of Use, certain software programs, including but not limited to mobile games and apps, downloadable/installable games for a personal computer, and games and services accessed by means of a browser, Third Party Platforms, or other online communication methods (collectively, the “Software”). The “Software” includes all associated data, content, graphics, sound effects, music, audio, video, text, updates, upgrades, bug fixes, manuals, packaging and other files, electronic or online materials or documentation, and any and all copies of such software and materials, which allow you to use the Services. The Software is licensed, not sold, to you. We do not transfer title to the Software to you. As to all Software that you download in connection with the Services, the following licensing terms and conditions apply. You may install the Software on any single computer, game platform, or mobile device (e.g., a mobile phone or tablet) and make one (1) copy thereof for backup or archival purposes.

You acknowledge and agree that as between you and Happee Unicorn, Happee Unicorn is the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Software, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of these Terms of Use. We may provide updates, patches, upgrades, and enhancements to the Software from time to time in our discretion. However, neither these Terms of Use nor your Account entitle you to any subsequent releases of any Software, any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you.

Subject to these Terms of Use, we hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license during the Term to use the Software solely in connection with accessing the Services in order to play the game or engage in the activity of which the Software is a part. You may not copy (except to install one copy on your fixed drive or storage device), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, or sublicense the Software. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered “Fair Use” under Federal Copyright law, and you hereby agree to waive any claims of “Fair Use” as a defense for any reverse engineering, including any claims that such reverse engineering is being done for “interoperability purposes” under the Digital Millennium Copyright Act. The Software may contain license management technology, circumvention or disabling of which is prohibited.

5. Accounts.

As part of the Services we provide, you may be able to register for an account (“Account”) and to access the Services through your Account by means of an Internet connection or a wireless network (neither of which Happee Unicorn provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity, including using another person’s username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the Services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child.

You shall not share your Account with anyone or allow anyone else other than you personally to access or use your Account, other than your parent(s) or guardian(s) who have rights to access and manage your Account if you are a minor. Selling or renting access to another person to your Account for the purpose of allowing them access to the Services is prohibited. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child.

Upon registration for an Account, you must create a password (“Password”). You shall not disclose your Password to any third party or allow anyone to use your Password to access the Services or your Account. You are responsible for maintaining the confidentiality of your Password and for any damage or harm (for example, lost or deleted Account Attributes, closed Accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. In no event shall Happee Unicorn be held responsible for any damage that occurs to your Account or the attributes of your Account, including without limitation, your characters, objects, possessions, points, rank, badges, status, Premium Items, and Virtual Currency (collectively, “Account Attributes”). Happee Unicorn shall not be liable for any financial or emotional damage or distress you may suffer (and/or subsequent loss or damage to your Account or Account Attributes) as a result of the disclosure of your Password to a third party. It is also prohibited to obtain, attempt to obtain, use, or attempt to use anyone else’s password.

6. Proprietary Rights.

You agree that the Sites, the Software, the Services, and all features and elements thereof (including without limitation all games, apps, objects, graphics, visual interfaces, audio, video, information, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, methods of operation, moral rights, documentation, game clients, server software, Virtual Currency, Premium Items, Account Attributes, characters, logos, illustrations, text, images, computer code, programs, routines, subroutines, files, data, the scripts and software used to implement the Services) (all of the foregoing collectively “Materials”) are proprietary information and materials that are owned by Happee Unicorn, its licensors, and other sources, and are protected by applicable U.S. and international intellectual property and other laws, including but not limited to copyright, trademark and patent laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, decompiled, reverse engineered, disassembled, or used in any manner, except as expressly permitted by these Terms of Use. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of Happee Unicorn’s or such other sources’ copyright, trademark and other proprietary rights. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Sites or the Services (including, without limitation, data packets transmitted to and from the Sites over the Internet), or analyze, decipher, “sniff”, derive code from, or attempt to analyze, decipher, “sniff”, or derive code from any packet stream transmitted to or from the Sites or the Services, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute “Fair Use” or are for “interoperability purposes” under the Digital Millennium Copyright Act. You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only and that you claim no interest in the value of such time as represented by the building up of your characters and Account Attributes during your time using the Services or in the value of Premium Items or Virtual Currency. You agree to abide by all copyright notices, information and restrictions included in any Materials.

7. Rules of Conduct.

In connection with your use of the Services, you agree to adhere to the following rules of conduct:

a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

b. Happee Unicorn may review, edit, reject, or delete any End User Content that in the sole judgment of Happee Unicorn violates these Terms of Use, is offensive or illegal, or might violate the rights of, harm, or threaten the safety of any person.

c. You may not post or transmit End User Content (even if made in a joking, sarcastic or unintended manner) that:

– is patently offensive to the online community, such as sexually explicit  content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

– harasses or advocates harassment of another person;

– involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;

– promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

– infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity);

– promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

– contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

– provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

– provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

– contains video, photographs, or images of another person;

– tries to gain unauthorized access or exceeds the scope of authorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

– engages in commercial activities or sales without Happee Unicorn’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Services. In these Terms of Use, Happee Unicorn’s “prior written consent” means a communication coming from Happee Unicorn’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

– solicits gambling or engages in any gambling activity which Happee Unicorn, in its sole discretion, believes is or could be construed as being illegal;

– contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;

– falsely reports abuse or violation of these Terms of Use by any person;

– interferes with another user’s use and enjoyment of the Services or any other individual’s use and enjoyment of similar services; or

– refers to any website or URL that, in the sole discretion of Happee Unicorn, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

Happee Unicorn reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms of Use, including without limitation, removing the offending communication in whole or in part from the Services, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Services.

d. You may not use any of your own or any third party software to modify the Services or create any other means through which the Services may be accessed or used by others, for example, through server emulators, whether for profit or not. You may not use macros or other stored rapid keystrokes, “dupes,” “cheats” or other patterns of play that facilitate acquisition of Premium Items, Virtual Currency, or other Account Attributes at an accelerated rate when compared with ordinary game play. You may not use your or third party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the Services to acquire Premium Items, Virtual Currency, or other Account Attributes or beneficial actions not actually acquired or performed in a game.

e. You must use the Services in a manner consistent with any and all applicable laws, rules and regulations. Illegal or unauthorized uses of the Services, including without limitation, collecting usernames or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Services, as well as attempting to gain unauthorized access to the Services or exceeding your authorized access.

f. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Happee Unicorn shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

8. Copyright.

Happee Unicorn respects the rights of all copyright holders and in this regard, Happee Unicorn has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Happee Unicorn’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
(2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations; 
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Happee Unicorn to locate the material; 
(4) Information reasonably sufficient to permit Happee Unicorn to contact the complaining party; 
(5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the DMCA please contact:

Happee Unicorn, LLC
Attn:  Copyright Agent – Legal Dept.  PO Box
 11711 
Burbank, CA 91510-1711 Email: legal@happeeunicorn.com

Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously.  If we determine that the material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. Do not contact Happee Unicorn’s Copyright Agent for inquiries other than those relating to alleged copyright infringement.

9. Privacy Policy.

Any information that Happee Unicorn may collect from you during or in connection with your use of the services is subject to our Privacy Policy

10. Termination.

The “Term” of your rights and licenses for a given Service commences on the date that you download the applicable Software or commence using the applicable Service and ends (i) on the date that you cease using the applicable Service, (ii) the date that Happee Unicorn terminates your use of, or ceases to provide, the applicable Service, including by closing your Account(s), or (iii) immediately and automatically if you or anyone using your Account(s) fail to comply with these Terms of Use.  Termination by Happee Unicorn under this section shall be without prejudice to or waiver of any and all other rights or remedies which Happee Unicorn may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.

Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete Accounts or access to the Services, or portions thereof, if you are, or we suspect that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. In such event, you may lose all benefits, privileges, and Account Attributes associated with your Account and your use of the Services, and we are under no obligation to compensate you for any such losses or results.

Without limiting our other remedies, we may limit, suspend or terminate the Services and user accounts or portions thereof, prohibit access to our games and Sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.

You understand and agree that Happee Unicorn shall have the further right to terminate any aspect of the Services, or the Services in their entirety, at any time in its discretion, with or without notice to you.  You may cease using any or all of the Services, and/or close your Account, at any time for any reason in your discretion. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.

If your right to use the Services, in whole or in part, terminates or expires for any reason, all of your rights to use the applicable Services and Software will cease immediately effective upon such expiration or termination.  In the event of such termination or expiration, all Account Attributes associated with your Account will be lost.  You hereby understand and acknowledge that there is no guarantee that Happee Unicorn shall continue offering access to its Services, in whole or in part, on a going-forward basis.  You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only, and that you claim no interest in the value of such time as represented by the building up of your characters and/or Account Attributes during your time using the Services.  You further agree that you are not entitled to any form of compensation for the past time you have spent using the Services or for the real or projected value of your Account or any Account Attributes were they to be sold.  Nor is Happee Unicorn liable for any emotional distress you may suffer as a result of loss of your characters, Account, Premium Items, Virtual Currency and/or other Account Attributes in the event that either your account or the Services, in whole or in part, are terminated.

11. Third-Party links.

The appearance of Web sites or external hyperlinks on the Services does not constitute endorsement by Happee Unicorn, its subsidiaries and affiliates of the opinions or views expressed by these linked Web sites and Happee Unicorn does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked Web sites. Furthermore, Happee Unicorn is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such Web sites. Neither Happee Unicorn nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these Web sites. To the extent that these Web sites collect personal information or postings from the end user, be advised that in no event shall Happee Unicorn assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these Web sites. Finally, Happee Unicorn will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Web sites.

12. Disclaimer.

THE SITE AND SERVICES HAVE BEEN CREATED FOR ENTERTAINMENT PURPOSES ONLY. USE THIS SITE AND SERVICES IS AT YOUR OWN RISK.

13. Liability Limitation.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE HAPPEE UNICORN PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES OR SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE HAPPEE UNICORN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE HAPPEE UNICORN PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR SERVICES OR ANY OTHER THIRD PARTIES.

14. Governing Law.

The laws of the State of California, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any access to or use of the Services. You and Happee Unicorn hereby expressly are irrevocably consent to the exclusive personal jurisdiction and venue of Los Angeles County, California for any claim arising out of, related to, or in connection with this Agreement or the Services.

15. Indemnify.

You agree, to the fullest extent permitted by law, to indemnify, defend (at our election) and hold Happee Unicorn Harmless, its parents, subsidiaries and affiliated companies, its and their licensees, distributors, licensors, representatives, authorized users, third party service providers, suppliers, successors and assigns, and each of its and their officers, directors, agents and employees, from any and all expenses, liabilities, damages, costs, liens, penalties and losses whatsoever, including, without limitation, attorneys’ fees, arising out of any claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to the actual or alleged breach by you of these Terms of Use, your use of the Sites or Services, or your Account(s).  Happee Unicorn reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Happee Unicorn in asserting any available defenses.

16. Third-Party Sites. 

We may provide Services to you through third party Web sites, operating systems, platforms and portals, including social networking sites and digital storefronts through which you can license Happee Unicorn games and apps (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of those Third Party Platforms, which are not under Happee Unicorn’s control. Happee Unicorn does not assume any responsibility or liability for your use of such Third Party Platforms.

Downloadable applications (commonly referred to as “apps”) made available to you through Third Party Platforms constitute “Software” under these Terms of Use. Apps are licensed, not sold, to you, and are further subject to the terms and conditions, end user license agreement, privacy policy, and other agreements you agree to as part of your license of the app from the applicable Third Party Platform.  Certain Apps may include functionality that enables you to receive additional services or licenses to additional functionality or content (commonly referred to as “in-app purchases”) for use within the app.  In-app purchases cannot be transferred among devices, can be downloaded only once, and after being downloaded, cannot be replaced.

The following additional terms and conditions apply with respect to our apps designed for use on an Apple iOS-powered mobile device (“iOS Apps”). You and Happee Unicorn acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, Inc. (“Apple”). You agree that your license to use iOS Apps provided as part of the Services is limited to Apple devices that you own or control and that your use of our iOS Apps shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Happee Unicorn agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS Apps. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS Apps. You agree that we, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Any questions or inquiries with respect to an iOS App may be directed to Happee Unicorn as follows: Happee Unicorn. LLC, PO Box 11711 Burbank, CA 91510-1711, info@happeeunicorn.com. You agree to comply with all applicable third party terms of agreement when using our iOS App. You agree that Apple is a third party beneficiary to these Terms of Use applicable to our iOS Apps. Upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

17. Other.

These Terms of Use, accepted upon use of the Services and further affirmed by becoming a registered member or submitting End User Content to the Services, contain the entire agreement between you and Happee Unicorn regarding the use of the Sites and Services and supersede all prior understandings related to the Sites and Services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect.

These Terms of Use were updated on August 24, 2017.

 

Copyright © 2017. Happee Unicorn, LLC. All Rights Reserved.