Effective Date: November 1, 2019
Cool that you want to play our game. This is our agreement at a glance:
You agree to be bound by these terms.
You are 16 or older.
You don’t use fake identity or information or pretend to be someone you’re not.
You’ll take others into account and behave nicely.
You don’t spam or use your account for commercial purposes.
You don’t cheat, use exploits or such.
Your account is yours and yours only. You don’t sell, rent or otherwise give away your account.
You don’t steal or otherwise try to illicitly acquire accounts, virtual items or other content or benefits in the game.
You and you alone are responsible for the content and material you submit, upload or create into the service.
We have the right to suspend you or terminate your account if you don’t follow these rules.
We do our best to keep the game enjoyable and available to you at all times.
Welcome to use Lightheart Entertainment’s Services!
(scroll down for the complete agreement)
The terms of this agreement (“Terms of Service”) govern the relationship between you and Lightheart Entertainment regarding your use of Lightheart Entertainment’s games, websites and related services (the “Service”). Use of the Service is also governed by Lightheart Entertainment’s Privacy Policy www.lightheart.games/privacy-policy which is incorporated herein by reference.
Before accessing or using the Service, including browsing any Lightheart Entertainment website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 16 or older and you understand and agree to these Terms of Service.
BY USING, INSTALLING OR ACCESSING THE SERVICE VIA ANOTHER METHOD, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE INSTALL OR ACCESS THE SERVICE.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Lightheart Entertainment Privacy Policy, or any other Lightheart Entertainment policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Lightheart Entertainment policies, Lightheart Entertainment grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited 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 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 16; You shall restrict use by minors, and you will deny access to children under the age of 16. 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 instrument by minors.
You shall not create or have active more than one Account at any given time;
You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Lightheart Entertainment, or previously been banned from playing any Lightheart Entertainment game;
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.
Some elements of the Services may require you to create an account or otherwise register you with the Services. You may also 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 us and change your Login Information in order to minimise the risk of unauthorised access or use. 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.
We reserve 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.
You are not allowed to use the Service in violation of these License Limitations. Any violation is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Lightheart Entertainment deems to be in conflict with the spirit or intent of the Service or make improper use of Lightheart Entertainments support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or any Lightheart Entertainment game or without Lightheart Entertainment’s express written consent, modify or cause to be modified any files that are a part of the Service or any Lightheart Entertainment game.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Lightheart Entertainment game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Lightheart Entertainment, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Lightheart Entertainment employees.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Lightheart Entertainment employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service or using any method not expressly permitted by Us.
Solicit or attempt to solicit personal information from other users of the Service or any Lightheart Entertainment game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
We reserve the right to determine what conduct is in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We also reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
Without limiting any other remedies, Lightheart Entertainment may limit, suspend, modify, terminate or delete accounts or access to Lightheart Entertainment services or portions thereof if you are, or Lightheart Entertainment 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. You can lose your user name and game persona as a result of account termination or limitation, as well as any benefits or privileges associated with your use of the service. Lightheart Entertainment is not obligated to compensate you for any such losses.
Lightheart Entertainment may terminate any accounts that have been inactive for over 180 days.
Lightheart Entertainment may also, without limiting any other of our remedies, terminate or suspend 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 contend, 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. In addition, in appropriate circumstances and at our sole discretion, we may suspend or terminate accounts of users who may be repeat infringers of third party Intellectual Property Rights.
Lightheart Entertainment 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, Lightheart Entertainment 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 informing Lightheart Entertainment that you wish to terminate your Account. You can do this by emailing us at privacy@lightheart.games.
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, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Lightheart Entertainment game client, and the Lightheart Entertainment game clients and server software) are owned by Lightheart Entertainment. Lightheart Entertainment 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 Lightheart Entertainment.
Lightheart Entertainment owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Lightheart Entertainment games. 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 Lightheart Entertainment game, whether earned in a game or purchased from Lightheart Entertainment, or any other attributes associated with an Account or stored on the Service.
The Services may include certain features which may be subject to a fee. You may be required to pay for certain services including, but not limited to, a purchase of virtual in-game items, upgrades, participation in, or other similar certain Service activities. Any applicable fees are displayed on the Service in connection with the respective feature of the Service. Lightheart Games does not give any warrant that feature specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your payment method prior to our cancellation, we will issue a credit to you in the amount of the charge. We may, from time to time, modify, amend, or supplement our fees and billing methods, and post those changes in these Terms or elsewhere on the Service.
You may pay using the methods available for the particular services, which may include credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Service using your provided payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen.
We may manage, regulate, modify, control or eliminate Virtual Items at any time in our sole discretion, with or without notice. If we exercise such rights, we will have no liability to you or any third party. Please note that Virtual Items are not transferable, and that we are not responsible for any Virtual Items that are lost, damaged, deleted or otherwise used inappropriately, or for game play interruptions or premature game termination, regardless of cause, that result in Virtual Items being spent.
Provision of Virtual Items is a service that Lightheart Games offers to you as a part of the Service. By paying the applicable fees you acknowledge and agree that our provision of the Virtual Items commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.
Any applicable fees and other charges are payable in advance and are not refundable in whole or in part. In particular, any payment for licenses for virtual items or redemption of third party virtual currency is always final and non-refundable.
You agree to pay all fees and applicable taxes incurred by you or anyone using your user Account. We reserve the right to change the pricing for the goods and services offered through the Service, including the Virtual Items, at any time. Unless prohibited by law, you acknowledge that we are not obligated to provide any refunds for any reason. You acknowledge and agree that you will not be entitled to receive money or other compensation for unused Virtual Items when an account is terminated or suspended for any reason, regardless of whether such termination or suspension was voluntary or involuntary.
You are solely responsible for any costs you incur to access the Service through any internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit. 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; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Lightheart Entertainment in accordance with its Privacy Policy. Lightheart Entertainment 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.
Lightheart Entertainment 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. Lightheart Entertainment does 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 when you are using the Service.
If at any time Lightheart Entertainment chooses, in its sole discretion, to monitor the Service, Lightheart Entertainment 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.
You are solely responsible for any text, images, communications and other data and content that you post on the Service. Lightheart Entertainment 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 Lightheart Entertainment violates these Terms of Service.
Under no circumstances will Lightheart Entertainment be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
The Service may include various forums and blogs where you can post User Content, including your observations and comments on designated topics. Lightheart Entertainment 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. Lightheart Entertainment 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 your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Lightheart Entertainment games. Lightheart Entertainment reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Lightheart Entertainment to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Lightheart Entertainment access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You hereby grant to Lightheart Entertainment a perpetual, irrevocable, transferable, fully paid-up, non-exclusive, royalty-free, worldwide license with the right to sublicense, copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into 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 further hereby grant to Lightheart Entertainment unconditional, irrevocable right to authorize others to exercise any of the rights granted to Lightheart Entertainment under these Terms of Service. 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. Lightheart Entertainment 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. Lightheart Entertainment has no obligation to monitor or enforce your Intellectual Property Rights in or to your User Content.
You understand that the Service is under constant development. Lightheart Entertainment may require that you accept updates to the Service and to Lightheart Entertainment’s games you have installed on your computer or on any other device. You acknowledge and agree that Lightheart Entertainment may update the Service and Lightheart Entertainment 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 Lightheart Entertainment’s Games.
Without limiting Lightheart Entertainment’s liability under section 6 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 course of dealing or usage of trade. Lightheart Entertainment 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.
Lightheart Entertainment 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 Lightheart Entertainment has been advised of the possibility of such damages. Lightheart entertainment shall not be liable to you for more than the amount you have paid to Lightheart Entertainment 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 Lightheart Entertainment during such time period, your sole remedy (and Lightheart Entertainment exclusive liability) for any dispute with Lightheart Entertainment is to stop using the Service and to cancel your account.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Lightheart Entertainment may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Lightheart Entertainment’s liability shall be the minimum permitted under such applicable law. In particular, nothing in these terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Lightheart Entertainment.
You agree to indemnify, defend and hold Lightheart Entertainment 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.
If a dispute arises between you and Lightheart Entertainment, we strongly encourage you to first contact us directly through www.lightheart.games. You agree that all disputes between you and Lightheart Entertainment shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Lightheart Entertainment must be resolved exclusively by a court located in Helsinki, Finland.
You and Lightheart Entertainment agree that if any portion of these Terms of Service or of the Lightheart Entertainment Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
Lightheart Entertainment may assign or delegate these Terms of Service and/or the Lightheart Entertainment Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Lightheart Entertainment’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Lightheart Entertainment 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.
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Lightheart Entertainment Privacy Policy), contain the entire understanding of you and Lightheart Entertainment, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
The failure of Lightheart Entertainment to require or enforce strict performance by you of any provision of these Terms of Service or the Lightheart Entertainment Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Lightheart Entertainment’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Lightheart Entertainment of any provision, condition, or requirement of these Terms of Service or the Lightheart Entertainment Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Lightheart Entertainment 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 Lightheart Entertainment.
We may notify you via postings on the Service, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Lightheart Entertainment Privacy Policy shall be in writing and addressed via email to privacy@lightheart.games. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You acknowledge that the rights granted and obligations made under these Terms of Service to Lightheart Entertainment are of a unique and irreplaceable nature, the loss of which shall irreparably harm Lightheart Entertainment and which cannot be replaced by monetary damages alone so that Lightheart Entertainment 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 Lightheart Entertainment 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).
Lightheart Entertainment shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Lightheart Entertainment, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Lightheart Entertainment’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.