1.1 These terms create a legal agreement between you (you or your) and Huckleberry BV,
a company registered in the Netherlands with registration number 57153833 (we, us or
our) in relation to our games and related services (the Game or Games). You agree that by
accessing and/or playing our Games, you are agreeing to these terms.
1.2 We can make changes to these terms at any time in accordance with clause 16 (changes
to these terms) and your continued use of our Games shall confirm your acceptance. You
agree to check these terms from time to time.
2 Our Games
2.1 Providing you agree to these terms, we grant you a non-exclusive, non-transferable,
revocable limited licence to use and display our Games (but not the related object and
source code) for your own personal private use. You agree not to use our Games for
2.2 You will not allow anyone else to use your login details or give them to anyone else.
If you do, you accept full responsibility for the consequences of this and agree to fully
indemnify and hold us harmless from any damage or harm that may result.
2.3 Game rules, scoring, controls and guidelines for all Games can be found within each
2.4 We reserve the right to change all or part of our Games and to remove Games from time
to time without liability to you.
2.5 You agree that you are at least 13 years old and that if you are between 13 years and 18
years old, your legal guardian has reviewed and agrees to these terms and is happy for you
to play our Games.
2.5 Our Games may include virtual currencies such as coins, gold coins and points (Virtual
Money) that you can buy from us for real money if you are at least 18 years old. You may
also be able to buy items or services within our Games (Virtual Goods) for real money and/or
credits. Virtual Money and Virtual Goods can never be exchanged for real money, real goods
or real services from us or anyone else.
2.7 We reserve the right to control, regulate, change or remove any Virtual Currency or
Virtual Goods without any liability to you.
2.8 You agree that all sales of Virtual Currencies and Virtual Goods are final and that we will
not refund any transaction once it has been made.
2.9 If we suspend or terminate your account because we reasonably believe that you have
not complied with these terms you will lose any Virtual Currencies and Virtual Goods that you
3.1 By playing our Games, you give your consent to the way we may collect, process and
use your personal data. By playing our Games you are giving us permission to share your
email address and other information that will allow us to personally identify you. This is
intended to make our Games more enjoyable for you and others that play our Games. If you
They may for example be used to help us recognise your computer and to ensure that your
account is accessed by the person that inputs the correct username and password for that
account. We reserve the right to provide information that you have provided to us and which
could be used to identify you personally to a third party if we are legally required to do so.
Otherwise, however, we will not disclose such information to any third party without your
consent. We agree to comply with all laws that relate to how your personal information can
3.3 By playing our Games, you agree that we can display your username, Game scores and
other related information within our Games.
3.4 We will retain your personal data only as long as is necessary for the purposes to which
you consent under these terms and then we will delete it from our systems.
We will not be liable to you for any loss that you suffer as a result of an unauthorised person
accessing your account and playing our Games and we accept no liability resulting from its
unauthorised use, whether fraudulently or otherwise. You must ensure that your login details
and password are always kept secret.
You must comply with the laws that apply to you in the location that you access our Games
from. If any laws applicable to you restrict or prohibit you from playing our Games, you must
comply with those legal restrictions.
6 operation of our Games
We have the right to withdraw or modify one or more Games where we have legal, technical
or other reasons for doing this, including (a) privacy, data protection or other legal objections
to the content or conduct of our Games, and (b) technical difficulties experienced by us or
on the Internet. There may also be times when our Games are not available, whether on a
scheduled or unscheduled basis.
7 suspension and termination for breach
We reserve the right to suspend or terminate your access to our Games if we reasonably
believe that you are in breach of these terms. You are responsible for everything that is done
via your account on and/or via our Games while you are logged into.
8 responsibility for user uploaded materials
8.1 You understand and agree that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials that you may be sent
when playing our Games (Content), whether publicly posted or privately sent, are the sole
responsibility of the person that sent the Content. This means that you, not us, are entirely
responsible for all Content that you may upload, post, email, transmit or otherwise make
available via our Games. We do not control Content posted on our Games by other people
and therefore we do not guarantee the accuracy, integrity or quality of that Content. You
understand that when playing our Games, you may be exposed to Content that you may
consider offensive, indecent or objectionable. Under no circumstances will we be liable in
any way for any Content, including, but not limited to, any errors or omissions in any Content,
or any loss or damage of any kind resulting from the use of any Content posted, emailed,
transmitted or otherwise made available via our Games.
8.2 We will remove uploaded Content from our Games if we decide in our sole discretion
that it is capable of breaching any part of these terms, or that it may bring us or our Games
into disrepute. However, you acknowledge that we do not actively monitor Content that is
contributed by people that play our Games and we make no undertaking to do so.
8.3 You agree not to:
- upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, may incite violence, harassing, tortuous,
defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
- use our Games to harm anyone;
- use our Games to impersonate any person or entity, or otherwise misrepresent your
affiliation with a person or entity;
- remove any proprietary notices from our Games;
- sell or try to sell your user account with us or any part of your user account including
any Virtual Currency or Virtual Goods;
- cause, permit or authorise the modification, creation of derivative works, or translation
of any of our Games unless we have first agreed to this in writing;
- use our Games for any commercial purpose or for the benefit of any third party or any
way not permitted under these terms;
- use our Games for fraudulent or abusive purposes;
- attempt to decompile, reverse engineer, disassemble or hack any of our Games, or to
defeat or overcome any of our encryption technologies or security measures or data
transmitted, processed or stored by us;
- 'harvest', 'scrape' or collect any information about or regarding other people that play
our Games, including, but not limited to any personal data or information;
- upload, post, email, transmit or otherwise make available any Content that you do
not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
- disguise, anonymise or hide your IP address or source of any Content that you may
- upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of others;
- upload anything that collects information including but not limited to 'pixel tags'
cookies, graphics interchange formats ('gifs') or similar items that are sometimes also
referred to as 'spyware' or 'pcms' (passive collection mechanisms).
- upload, post, email, transmit or otherwise make available any unsolicited or
unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain
letters', 'pyramid schemes' or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
- disrupt the normal flow of a Game, cause a screen to 'scroll' faster or slower than
other players of our Games are able to play, or otherwise act in a manner that is likely
to negatively affects other players' ability to compete fairly when playing our Games
or engage in real time exchanges;
- interfere with or disrupt our Games or servers or networks that provide our Games, or
disobey any requirements, procedures, policies or regulations of networks connected
to our Games;
- use our Games to intentionally or unintentionally violate any applicable local, state,
national or international law and any legal regulations;
- use our Games to 'stalk', bully or otherwise harass another;
o place material on, or otherwise use our Games for any business, advertising
or commercial purpose;
o use your access to our Games, or information gathered from it, to send
unsolicited email (also called 'spam'); or
o cheat or do anything else that we believe isn't within the spirit of fair play or
9 disclaimer and release
9.1 Subject to clause 12 (non-excluded liabilities) to the maximum extent permissible under
applicable law, in no event shall we be liable whether in contract, warranty, tort (including
negligence (whether active, passive or imputed), product liability or strict liability or other
theory), for any indirect, incidental, special or consequential damages (including without
limitation any loss of data, service interruption, computer or other device failure or pecuniary
loss) arising out of the use or inability to use our Games, including any damages that may
result, even if we have been advised of the possibility of such damages.
9.2 Your only right with respect to any problems or dissatisfaction with any of our Games
is to discontinue your use of that Game and we are not responsible or liable for any
interruptions or errors that you may experience while playing our Games.
10 intellectual property
10.1 You acknowledge that all copyright, trademarks, and other intellectual property rights
in and relating to our Games, other than Content which is contributed by players is owned
by or licensed to us. It may be easy to copy material that appears on websites, but this does
not mean it is legal. Therefore, no one may copy, distribute, show in public or create any
derivative work from our Games, or any of the Content which is found within our Games,
unless (a) we have first agreed to this in writing, and (b) where Content contributed by one or
more player(s) is concerned, by the player(s) in question.
10.2 By submitting Content (as defined in clause 8) to any of our Games, you:
- are representing that you are fully entitled to do so and you;
- grant us a non-exclusive, perpetual, royalty-free, irrevocable licence to copy, modify,
distribute, host, store distribute, reformat, sublicence, show in public, publish,
broadcast, archive, cache and exploit in any way we want and create derivative works
from that Content on and through any format, software, hardware, media and medium
that exists now or in the future and to market and advertise that Content as part of our
- authorise us to adapt the relevant Content in the course of doing so and so waive
your moral rights to object to any derogatory treatment, or to be identified as the
author, of the Content in question; and
- agree that we have no obligation to monitor or protect you rights in any Content that
you may submit to us, but you do give us the right to enforce your rights to protect
your rights in that Content if we want to, including but not limited to taking legal action
(at our cost) on your behalf.
10.3 We grant you a limited licence to access and play our Games subject to these terms,
including a limited licence to use an image of any avatar (if any) that you may create using
our Games (an Avatar) and/or any screenshot of anything that you may create using our
Games (a Screenshot), providing it is not used to say anything negative about any of our
Games and such use complies with these terms. However, this licence does not allow you
to make any commercial use (such as making money) or any derivative use of our Games
(including any of its individual elements or Content). These terms will apply to any other
website that you may post an Avatar and/or Screenshot from any of our Games. The limited
licence that you are granted under this sub clause 10.3 is conditional upon you displaying a
link in a reasonably prominent position on any webpage that you display any Avatar and/or
Screenshot. You also agree not to change any trademark or related ownership information
provided by us within our Games.
10.4 If you believe that your copyright has been infringed by someone else over the internet,
you may contact us by Contacting us using form at the bottom of this page, giving us the
- a description of the copyright work that has been infringed;
- a description of where the infringing material is located within our Game;
- enough information that will allow us to contact you such as your address, phone
number and email address;
- a statement by you that you have a good-faith belief that the disputed use of
copyright material is not authorised;
- a statement that the information that you are providing is accurate, correct, and that
under penalty of perjury, that the complaining party is authorised to act on behalf of
the owner of an exclusive right that is allegedly infringed.
- a physical or electronic signature of the person authorised to act on behalf of the
owner of the exclusive right that has allegedly been infringed;
11 maximum liability
Without limiting clause 9 (disclaimer and release), during any period of twelve months, our
total liability to you under these terms (whether arising in negligence, breach of contract or
otherwise) will not under any circumstances exceed the amount that you have paid to us in
the 100 day period ending on the date of your claim.
12 non-excluded liabilities
Nothing in these terms limits our liability for death or personal injury resulting from our
negligence or any other liability which may not by law be excluded. Any legal rights you may
have as a consumer remain unaffected by these terms.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any
breach of these terms by you resulting from you accessing our Games.
We reserve the right to assign these terms and to assign or subcontract any or all of our
rights and obligations under these terms. You may not assign or dispose of any of the rights
we give you under these terms unless we first agree to this in writing.
15 entire agreement
These terms set out the entire agreement between you and us concerning our Games and
they replace all earlier agreements and understandings between you and us. A person who
is not a party to these terms has no right to rely upon or enforce any part of these terms.
16 changes to these terms
We reserve the right to update these terms from time to time. If you do not wish to be
governed any updated version of the terms, your only remedy is to stop playing our Games.
If any part of these terms are held to be invalid or unenforceable under any applicable
local laws or by an applicable court, the remainder of these terms shall remain valid and
These terms shall be governed by and construed in accordance with the laws of Netherlands.
These terms were last updated on 23 September 2013.