EFFECTIVE DATE: NOVEMBER 1, 2011
"You" or "Your" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency, network or other third party to access the Service, which will also be bound by the terms and conditions of this Agreement.
"Service(s)" means: (i) the websites located at www.heptacopter.com (the "Site"), including any services, features, games, products and content accessible or downloadable from the Site, and (ii) any other Heptacopter application, game, service or product licensed, downloaded or otherwise accessed by you through third party websites, app stores, or other sources.
“Account” means an account you create when you access the Services.
The Heptacopter Services are available only to individuals who are at least 13 years of age. You represent and warrant that you are an individual at least 13 years old and that if you are between the ages of 13 and 18, your legal guardian has reviewed and understands and agrees to these Terms of Service.
The contents of Heptacopter.com and the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are protected under both United States and other applicable copyright, trademark, trade secret and other intellectual property laws. So long as you comply with this Agreement, Heptacopter grants to you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to use the Service accessible from the Site or made accessible from third party websites or sources via Heptacopter’s authorization. The foregoing license is (i) solely for your personal, non- commercial use; (ii) solely for a single device to access the Site and Service; and (iii) subject to your compliance with the Agreement. Heptacopter owns all right, title and interest in and to the Service.
You agree not to copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, stream or otherwise exploit the Service or any portion of the Service, except as expressly permitted in this Agreement; or use the Service for any use or purpose other than as expressly permitted by this Agreement.
Heptacopter reserves the right to terminate the Service or any portion of the Service at any time. At such time your license to use the Heptacopter Site and Service will be automatically terminated and Heptacopter will not be responsible to provide any refunds, benefits or compensation to you in connection with the discontinued elements of the Site or Service.
Heptacopter and Heptacopter logo are registered trademarks of Heptacopter, Inc. You agree not to display or use, in any manner, the Heptacopter trademarks, without Heptacopter's prior permission.
YOUR REGISTRATION INFORMATION
You agree and understand that you are responsible for maintaining the confidentiality of your password and login information. That password and login information, together with any mobile number or other contact information you provide, forms your “Registration Information” to create an Account. If you provide any information that is untrue, inaccurate, incomplete or not current, Heptacopter has the right to suspend or terminate your use of the Services.* By submitting information and data to Heptacopter through the Service, you give Heptacopter a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use and store any content, which you submit, post or display on or through the Service. This license is for the sole purpose of enabling Heptacopter to provide the Service. By submitting this content to Heptacopter, you represent that you have all the rights, power and authority necessary to grant the above license, without any obligation by Heptacopter to pay any fees or other limitations. By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that address, as appropriate. If you become aware of any unauthorized use of your Registration Information, you agree to notify Heptacopter immediately at the email address: firstname.lastname@example.org.
The Service may include virtual credits that may be earned through your use of the Service (“Virtual Credits”). You have no right, title or interest in or to any such Virtual Credits appearing or originating in the Service except for the following: You will have a limited, personal, non-transferable, non-sub licensable, revocable license to use, solely within the Service, Virtual Credits that you have earned, or otherwise obtained in a manner authorized by Heptacopter. Heptacopter may manage, regulate, control, modify or eliminate Virtual Credits at any time, with or without notice. Heptacopter shall have no liability to you or any third party in the event that Heptacopter exercises any such rights. To retain your Virtual Credits, you must be active within the Service at least once per 90 days otherwise they will expire.
You understand and agree that all transfers of Virtual Credits are final and non-refundable and at Heptacopter’s sole discretion. You agree that in the event that these Terms of Service and your continued use of the Service as a whole or in part is terminated or discontinued for any reason, you will forfeit all Virtual Credits and Heptacopter will have no liability to you in connection with that forfeiture.
We also have advertising on the Service so we can continue to offer many of our Services for free. Heptacopter Service may display an “offer wall” that is hosted by an offer wall provider. The offer wall allows third party advertisers to provide virtual currency to players in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. Heptacopter does not make these offers and is not responsible for your use of these third party services.
YOUR USE OF SERVICE
PAYMENT / BILLING
In the Heptacopter Site and Services it may be possible to purchase additional Virtual Credits using “real world” money through approved payment methods authorized by Heptacopter. All sales are final and you understand that Heptacopter is not required to provide a refund for any reason for any unused Virtual Credits upon the termination or closure of your Account either voluntarily or involuntarily. Heptacopter reserves the right to revise any pricing for Virtual Credits it licenses to you through the Site or Services at any time.
Any payment or billing inquiries should be should be sent to email@example.com.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE CONTENT AND ALL SERVICES ASSOCIATED WITH HEPTACOPTER.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. HEPTACOPTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF HEPTACOPTER.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
HEPTACOPTER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON HEPTACOPTER.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. HEPTACOPTER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
LIMITATIONS OF LIABILITY
HEPTACOPTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO HEPTACOPTER.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF HEPTACOPTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, HEPTACOPTER’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.00 (ONE UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless Heptacopter and its officers, directors, employees, agent, or contractors from and against any and all claims, damages, costs and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your use of Heptacopter.com or the Service, Site or any breach of this Agreement by you.
This Agreement will continue to apply until terminated by either you or Heptacopter as set out below. If you want to terminate your legal agreement with Heptacopter, you may do so by closing your account for the Service by sending an email to: firstname.lastname@example.org or sending through mail at the following address: 103 Foulk Road, Suite 202, Wilmington, Delaware, 19803. Heptacopter may, at any time, terminate its legal agreement with you: i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of this Agreement); ii) if Heptacopter in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or iii) immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
GOVERNING LAW AND FORUM FOR DISPUTES
This Agreement, and your relationship with Heptacopter under this Agreement, shall be governed by the laws of the State of Delaware without regard to its conflict or choice of laws provisions. Any dispute with Heptacopter, or its officers, directors, employees, agents or contractors arising under or in relation to this Agreement shall be resolved exclusively through the Superior Court of Delaware. You also acknowledge and understand that, with respect to any dispute with Heptacopter, its officers, directors, employees, agents or contractors arising out of or relating to your use of the Service or Site or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any arbitrator or court of competent jurisdiction deems any portion of this Agreement unlawful, void or unenforceable, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. You agree to be responsible for obtaining and maintaining all devices and any other equipment needed for access to and use of the Service, and all charges related thereto.
You agree that if Heptacopter does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Heptacopter has the benefit of under any applicable law), this will not be taken to be a formal waiver of Heptacopter’s rights and that those rights or remedies will still be available to Heptacopter. Heptacopter currently operates and controls the Service from the United States. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Heptacopter to any registration requirement within such jurisdiction or country This Agreement represents the entire understanding and agreement between you and Heptacopter regarding the subject matter of the same, and supersedes all other previous agreements.
Mail: 103 Foulk Road, Suite 202, Wilmington, Delaware, 19803