The terms of this agreement (“Terms of Service”) govern the relationship between you and Wonder Hive Oy, a Finnish company (Business ID: FI33163367) having its registered office at Haapaniemenkatu 7-9 B, 00530 Helsinki, Finland (hereinafter “Wonder Hive” or “we” or “us”) regarding your use of Wonder Hive's games, websites, and related services (collectively “Service”).
By registering for an Account or otherwise using the Service, you represent that you are age 13 or older
and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you confirm that your legal guardian has reviewed and agreed to these Terms of Service.
BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. THE SERVICE IS LICENSED, NOT SOLD.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Wonder Hive will send you a push notification of any amendments, and a link where you accept such amendments by ticking a box "I accept the amendments".
If you wish not to be bound by the amendments, tick the box "I do not accept the amendments", after which your account will be deleted.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Wonder Hive’s policies, Wonder Hive grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited right and license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes.
You agree not to use the Service for any other purpose.
The Services are being licensed to you and you hereby acknowledge that no title or ownership in the Services is being transferred or assigned to you.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instruments (e.g. Paypal) by minors.
All terms of this Terms of Service shall commence on the date that you accept this Terms of Service, install or otherwise use any of Wonder Hive’s Services and ends on the earlier date of either your disposal of the Services and/or the termination of this Terms of Service by Wonder Hive.
During the Account creation process, you may be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account.
In the event, you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Wonder Hive and modify your Login Information.
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Wonder Hive reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Any use of the Service in violation of these License Limitations is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree to comply with the following requirements when you use any of Wonder Hive’s Services:
Wonder Hive reserves the right to determine which conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Wonder Hive reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
WITHOUT LIMITING ANY OTHER REMEDIES, WONDER HIVE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO WONDER HIVE’S SERVICE OR PORTIONS THEREOF IF YOU ARE, OR WONDER HIVE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.
YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND Wonder Hive IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, Wonder Hive MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE 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 SERVICE 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, INAPPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
WONDER HIVE RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
WONDER HIVE RESERVES THE RIGHT TO STOP OFFERING AND/OR SUPPORTING THE SERVICE OR A PARTICULAR GAME OR PART OF THE SERVICE AT ANY TIME, AT WHICH POINT YOUR LICENSE TO USE THE SERVICE OR A PART THEREOF WILL BE AUTOMATICALLY TERMINATED. IN SUCH EVENT, WONDER HIVE SHALL NOT BE REQUIRED TO PROVIDE REFUNDS, BENEFITS, OR OTHER COMPENSATION TO USERS IN CONNECTION
WITH SUCH DISCONTINUED SERVICES. TERMINATION OF YOUR ACCOUNT CAN INCLUDE DISABLING YOUR ACCESS TO THE SERVICE OR ANY PART THEREOF INCLUDING ANY CONTENT YOU SUBMITTED, OR OTHERS SUBMITTED.
YOU MAY TERMINATE YOUR ACCOUNT AT ANY TIME AND FOR ANY REASON BY CONTACTING OUR SUPPORT
AT SUPPORT@WONDERHIVE.GAMES INFORMING THAT YOU WISH TO TERMINATE YOUR ACCOUNT.
All rights, title, and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operating, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Wonder Hive’s game client, and the Wonder Hive’s game clients and server software) are owned by Wonder Hive and/or licensed to Wonder Hive by 3rd parties.
Wonder Hive reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WONDER HIVE.
Wonder Hive owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Wonder Hive. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Wonder Hive’s game, whether earned in a game or purchased from Wonder Hive, or any other attributes associated with an Account or stored on the Service.
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Wonder Hive’s game client or the Service, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is:
(a) accurate and not confidential;
(b) not in violation of any laws, contractual restrictions, or other third party rights, and that you have permission from any third-party whose personal information or intellectual property is comprised in the User Content;
Wonder Hive reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
Wonder Hive assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content.
Your use of the Service is at your own risk.
By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Wonder Hive chooses, in its sole discretion, to monitor the Service, Wonder Hive nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post or remove any User Content.
The Service may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. Wonder Hive cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service.
Wonder Hive shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
You are solely responsible for the information that you post on, through, or in connection with the Service and that you provide to others.
Wonder Hive may reject, refuse to post, or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Wonder Hive violates these Terms of Service.
You retain all rights, title, and interest to your User Content, except that you grant Wonder Hive an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third-party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into the computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.
You also hereby grant to Wonder Hive the right to authorize others to exercise any of the rights granted to Wonder Hive under these Terms of Service. You further hereby grant to Wonder Hive the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any User Content and in connection with any User Content, without any obligation to you.
Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.
Wonder Hive does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.
Wonder Hive has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize Us to use all Intellectual Property Rights in and to your User Content, and to enable inclusionand use thereof as contemplated by these Terms of Service.
We reserve the right to access, read, preserve and disclose any User Content or any other information that We obtain in connection with the Service as We reasonably believe is necessary to:
(i) satisfy any applicable law, regulation, legal process, subpoena, or governmental request;
(ii) enforce these Terms of Service, including investigation of potential violations of it;
(iii) detect, prevent or otherwise address fraud, security, or technical issues; or (iv) respond to your user support requests;
In the Service, you may use real-world money to purchase a limited, personal, non-transferable, a non-sublicensable, revocable license to use virtual currency, including but not limited to virtual cash or gems, all for use in Wonder Hive’s games. You may also purchase “virtual in-game items” and other goods or services. Purchased In-Service Content is subject to the payment terms and conditions of the mobile platforms (Apple iOS, Google Android OS) from which you make your purchase. Wonder Hive does not control the process.
Wonder Hive may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Wonder Hive may also revise the pricing for the goods and services offered through the Service at any time. Wonder Hive shall have no liability to you or any third party in the event that Wonder Hive exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem, or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Wonder Hive, another user or any third party.
The provision of In-Service Items for use in Wonder Hive’s games commences immediately upon acceptance of your purchase by Wonder Hive. You cannot cancel your order for the supply of Virtual Items or Merchandise if the delivery has started upon your request and acknowledgment that you thereby lose your cancellation right.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
You acknowledge that neither Wonder Hive nor any mobile platform provider is required to provide a refund.
You will not receive money or other compensations for unused in-service content when an the account is closed.
In case you do not receive an in-service item that you properly purchased whether such closure was voluntary or involuntary, you may request a refund directly from that platform provider subject to their refund policy.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Wonder Hive may revise the pricing for the goods and services offered through the Service at any time.
You understand that the Service is an evolving one. Wonder Hive may require that you accept updates to the Service and to Wonder Hive’s games you have installed on your device or computer.
You acknowledge and agree that Wonder Hive may update the Service and Wonder Hive’s games, with or without notifying you. You may need to update third-party software from time to time in order to receive the Service and play Wonder Hive’s games.
WITHOUT LIMITING WONDER HIVE’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WONDER HIVE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WONDER HIVE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WONDER HIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, WONDER HIVE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO WONDER HIVE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO WONDER HIVE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND W’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH WONDER HIVE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF WONDER HIVE OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF WONDER HIVE.
You agree to indemnify, defend and hold Wonder Hive (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
Your contractual relationship with Wonder Hive under these Terms of Service shall be governed by and construed and interpreted in accordance with the laws of Finland without regard to its principles and rules on conflict of laws.
Notwithstanding this, you agree that Wonder Hive shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If a dispute arises between you and Wonder Hive, we strongly encourage you to first seek a resolution by contacting us via our customer support: firstname.lastname@example.org
If any court of law, having jurisdiction to decide on this matter, rules that any provision of the Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions will continue to be valid and enforceable.
Wonder Hive may provide you with notices, including those regarding changes to these Terms of Service, using any reasonable means, which may include push notifications, email, SMS, MMS, text the message, or postings in the Service.
Such notices may not be received if you violate these Terms of Service by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Wonder Hive may publish additional policies related to specific services such as forums, contests, or loyalty programs.
Your right to use such services is subject to those specific policies and these Terms of Service.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Wonder Hive shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Wonder Hive.
You acknowledge that the rights granted and obligations made under these Terms of Service to Wonder Hive are of a unique and irreplaceable nature, the loss of which shall irreparably harm Wonder Hive and which cannot be replaced by monetary damages alone so that Wonder Hive shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Service or any Wonder Hive’s game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
Wonder Hive shall not be liable for any delay or failure to perform resulting from causes outside thereasonable control of Wonder Hive, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Wonder Hive’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
If we provide a translated version of these Terms of Service or any other terms or policy incorporated or referenced in these Terms of Service, it is for informational purposes only.
If the translated version means something different than the English version, then the English meaning will be the one that applies.