Language: |
TERMS OF USE
WELCOME TO MERRY SNOWBALLS, A VIDEOGAME GAME WHERE YOU GET TO
ENGAGE IN SNOWBALL FIGHTS BY THROWING, SHOOTING, USING POWER-UPS AND
COOL GADGETS IN ORDER TO DEFEAT YOUR ENEMIES. BEFORE ACCESSING AND
PLAYING THE GAME, USING THE RELATED SERVICES OR ACCESSING ANY GAME
RELATED WEBSITES, ETC. (THE GAME, RELATED SERVICES AND THE WEBSITES
HEREINAFTER THE “GAME”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE
NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY
THESE TERMS OF USE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN
HATRABBIT AB AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE
GAME (“END USER”). IF YOU ARE AN END USER BASED IN THE UNITED STATES
CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR
EXAMPLE SECTIONS 23 AND 24, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN
CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS
CLAIMS. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND
PLAY THE GAME. HATRABBIT AB RESERVES THE RIGHT TO TEMPORARILY OR
PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THESE
TERMS OF USE. HATRABBIT AB MAY DISABLE ACCESS TO THE GAME AT ITS
DISCRETION AND MAY DO SO WITHOUT NOTICE.
THIS IS A VIRTUAL REALITY GAME. WHEN PLAYING THE GAME YOU MAY NOT BE
ABLE TO SEE, HEAR OR FEEL YOUR PHYSICAL SURROUNDINGS WHEN WEARING A
VIRTUAL REALITY HEADSET. IT IS YOUR RESPONSIBILITY TO CONTROL YOUR
SURROUNDINGS AND MOVEMENTS AT ALL TIMES WHEN PLAYING THE GAME TO
ENSURE THAT YOU DON’T INJURE YOURSELF, ANY OTHER PERSONS, DAMAGE ANY
PROPERTY ETC. FALLING, STRIKING OR OTHERWISE CONTACTING ANYTHING WHILE
PLAYING THE GAME MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGES, AND
EVEN CAUSE DEATH. ANY PLAYING OF THE GAME IS AT YOUR OWN RISK.
1. Acceptance
This document (“Terms of Use”) is a legal agreement between you (“You” or “the user”)
and Hatrabbit AB, a Swedish corporation, with registered and business offices at Folkungagatan 44,
118 26, Stockholm, Sweden (“Hatrabbit”) and governs your use of the Game, whether or not you are a
registered End User of Hatrabbit.
PLEASE NOTE THAT BY ACCESSING AND/OR PLAYING THE GAME YOU AGREE TO
ABIDE BY AND BE BOUND BY THESE TERMS OF USE. HATRABBIT OWNS ALL
INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAME AND PERMITS YOU TO PLAY
THE GAME ONLY IN ACCORDANCE WITH THESE TERMS. YOUR PLAYING OF THE
GAME CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT
AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME.
2. The Game
The Game is a videogame game where you get to engage in snowball fights by throwing, shooting,
using power-ups and cool gadgets in order to defeat your enemies. Certain versions of the Game, for
example the mobile version of the game, may contain in-game advertising and In-Game-Purchases
services.
3. Access to the Game
To access and play the Game you must register an account with a platform/service provider (i.e.
Steam, Viveport, Oculus, Google etc.), unless the Game is expressly provided in a form and venue
where an account is not required (i.e. arcade game consoles etc.). You may not, under any
circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to
access your account. Hatrabbit reserves the right to disable or block accounts without notice. You are
not permitted to transfer your account, any in game currency, characters etc. to another person or
entity, unless specifically permitted in writing by Hatrabbit. Further, you must be 13 years or older to
be entitled to access and play the Game. This Game is not intended for children under the age of 13.
Children under the age of 13 may not access and play the Game. If you are at least 13 years old but
under 18 years of age you need parental consent to access and play the Game and any activities in the
Game must be under the legal responsibility of the parents. Any registration by, use of or access to the
Game by anyone under 13, or by anyone who is under 18 acting without parental consent, is
unauthorized, unlicensed and in violation of these Terms of Use.
4. Third Party Accounts
If enabled by Hatrabbit in its sole discretion, you may establish an account with account data provided
to Hatrabbit by a third party such as a gaming platform, social networking service etc. in which case
you may have a separate, additional account relationship with such third party.
5. Registration
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information
as requested when registering an account and (b) maintain and update this registration information to
keep it true, accurate, current, and complete. You are solely responsible for maintaining the
confidentiality of your account and password and for restricting access to any computer, smart phone,
tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all
activities that occur under your account or password. Hatrabbit, its affiliates and service providers
reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without
limitation, if you provide registration information which is false, inaccurate, not current, or
incomplete.
For information regarding how Hatrabbit handle the information you transmit through the Game
please visit the Privacy Policy. Please note that your access to and playing of the Game constitutes
your acceptance of the Privacy Policy.
6. Products and services
Hatrabbit reserves the right to add, modify, or delete/cancel the Game, including your access to the
Game at any time. Hatrabbit makes no representation or warranty as to the completeness or accuracy
of the Game nor does it represent or warrant that the Game will be available at all times or at any time.
The Game may be incomplete, may contain errors etc. Hatrabbit makes no commitment and expressly
disclaims any duty to fix any errors or lack of functionality in the Game. The Game is provided on an
“as is” basis without any express warranties.
7. Payment
Certain versions of the Game are provided as a “free-to-play game” where you can access and play
certain parts of the Game or Game versions without paying any fees. However other versions of the
Game or certain Game levels and features are “premium features” where you must pay a fee or
purchase in-game material or access to play such levels and features etc. Where applicable, You agree
to fully pay for the Game, features, levels, versions, in-game purchases, products and services that you
have ordered in the Game. You are responsible for providing Hatrabbit and/or the platform/service
providers with valid credit card information to secure payment. Hatrabbit and/or the platform/service
providers reserves the right to cancel any order if the credit card information you provide is not valid.
Payment may be processed in cooperation with third party payment service providers, like PayPal etc.
Hatrabbit or the platform/service providers confirm all subscriptions, purchases and send all initial
login or activation information by email once Hatrabbit or the platform/service provider have had the
opportunity to confirm your purchase.
8. Payment terms
In order to access and play certain versions of the Game or certain Game levels in the Game, access
certain additional content, premium services etc. you are required to pay certain fees (certain Game
versions and the premium services and access to additional content are provided to paying users only).
You can find the current fees and payment terms at the platform/service provider’s Game access pages
etc. Hatrabbit may also offer other products and services in the Game etc., either for free, for one-time
fees or for recurring fees. Hatrabbit may amend the fees and payment terms at any time. If any fees are
subject to any type of applicable taxes, Hatrabbit or the platform/service provider may charge you for
any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN
PART.
However, a remaining portion of the payment may be credited in Hatrabbit’s and/or the
platform/service provider sole discretion should you decide to upgrade your services. When you
purchase the Game and any product or service in the Game or in relation to the Game you authorize
Hatrabbit or the platform/service provider to automatically charge your credit card the fees in
accordance with the payment terms. You are responsible for paying all applicable taxes (including
those Hatrabbit or the platform/service provider are not required to collect) and for all hardware,
software, Internet, Virtual Reality equipment (platform specific VR headsets/screen etc.) and other
costs you incur to access and play the Game. Hatrabbit and/or the platform/service providers reserves
the right to change the fees and availability of the Game at any time without notice; provided,
however, such price change will not affect your purchase price for orders that Hatrabbit or the
platform/service provider has already actually received from you and processed, unless expressly
stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in
the fees or payment terms.
9. Access
In consideration of the payment of any applicable fees and subject to your registering for an account
and compliance with the terms contained herein, Hatrabbit or the platform/service provider will, upon
receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to
access the Game and enable you to access and play the Game subject to the other applicable
provisions, limitations and restrictions in these Terms of Use. You may not upload or republish the
Game or Game Content on any Internet, Intranet or Extranet sites or incorporate the information in any
other database or compilation, and any other use of the Game or Game Content is strictly prohibited.
However, you may upload recordings of yourself playing the Game on channels like Twitch.com and
YouTube.com etc, provided that such use is done in good taste and does not infringe on the intellectual
property rights of Hatrabbit or reflect negative on Hatrabbit or the Game. If Hatrabbit or the
platform/service provider is unable to process your payment at any time, your access to certain
services, content etc. may be suspended or terminated at Hatrabbit’s or the platform/service provider’s
discretion.
10. Delivery of products and services, Updates and New Releases
Hatrabbit provides the Game on an “as is” basis. Hatrabbit or the platform/service provider shall
endeavor to deliver the Game that you have ordered to you within a reasonable amount of time.
However, technical problems may delay or prevent delivery and except as set forth in the next
sentence, Hatrabbit or the platform/service provider shall have no liability to you with respect to
delays or delivery problems. Your sole remedy with respect to the Game, a purchased product or
service that is not delivered within a reasonable amount of time after ordering is to either receive a
replacement of the Game, product or service, or a refund of the purchase price paid for the Game,
product or service, as determined by Hatrabbit or the platform/service provider in their sole discretion.
Hatrabbit may from time to time update or otherwise modify the Game electronically, or require the
user to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s
terms, conditions, features, items, mechanics, or any other element of the Game. You must install such
Updates before You will be allowed to proceed to play the Game. If You fail to install the new release
when required, Hatrabbit will not be responsible in any way for Your inability to play the Game, and
You shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
You are not entitled to receive any new releases of the Game, or any expansion packs, updates,
upgrades or similar products under this agreement, but Hatrabbit may, in its sole discretion, but is not
obligated to offer any or all of the foregoing to You. Hatrabbit may provide new releases or otherwise
enhance the Game at any time, in its sole discretion, without obligation to You. Any such new release
or other enhancement of the Game may change the Game’s terms, conditions, features, items,
mechanics, or any other element of the Game. Periodically, Hatrabbit will require all users to migrate
to new releases of the Game in order to continue to play it. If You fail to update the Game and install
the new release when required, Hatrabbit will not be responsible in any way for Your inability to play
the Game, and You shall not be entitled to receive a refund of any prepaid fees or any other form of
compensation.
11. Links to other Games
The Game, platforms etc. may contain advertising and links to other games, websites, services etc.
Hatrabbit does not review or evaluate any adverts or games, websites, services etc. linked to in the
Game or the platform and is not responsible for the accuracy, copyright compliance, legality, decency,
or appropriateness of the adverts, content on these games, websites, services etc. nor is it responsible
for the advertising, products, or other materials that may appear in or are offered by such adverts,
games, websites, services, the platforms etc. You should carefully review the adverts and respective
conditions of use for each of these games, websites, services etc. Under no circumstances shall
Hatrabbit be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged
to have been caused by your use of or reliance on any advertising, content, products, goods, or services
etc. available on such games, websites, services, platforms etc.
12. Indemnification
Your access to and playing of the Game constitutes your agreement to defend, indemnify, and hold
harmless Hatrabbit, its parents and affiliates, licensors and partners, the platform/service providers and
their respective members, employees, contractors, officers, and directors, from and against any actions,
claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use
or misuse of the Game including related services by a third party with the use of your account.
13. Termination
These Terms of Use are effective until amended by Hatrabbit in its sole discretion. Hatrabbit may
change, suspend, or discontinue all or any aspect of the Game at any time for any reason without prior
notice or liability, including, without limitation, the availability of the Game or any feature, without
prior notice or liability. Hatrabbit may cease to provide the Game or any or all of the products and
services offered in connection with the Games, terminate the Terms of Use, and cancel all of the rights
granted to you under the Terms of Use at any time for any reason without prior notice or liability.
Hatrabbit may, but is not obligated to, communicate such termination to you in any of the following
manners: (i) in a notice in the Game; (ii) via electronic mail; (iii) in these Terms of Use, or (iv) in
another manner that Hatrabbit deems suitable to inform you of the termination. If Hatrabbit terminates
the Game, you will not receive a refund of paid fees. In the event of any termination hereunder
Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, 28 and
29, of these Terms of Use will survive termination.
14. Disclaimers and limitations of liability
THE GAME IS PROVIDED BY HATRABBIT ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HATRABBIT DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, HATRABBIT MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE
INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME
WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR
ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY
INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE
GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF
HATRABBIT, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER
HARMFUL COMPONENTS. ALTHOUGH HATRABBIT PROVIDE RULES FOR USER
CONDUCT AND POSTINGS, HATRABBIT DO NOT CONTROL AND ARE NOT
RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS
NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR
OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE
PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE
OR CONTENT. HATRABBIT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER
ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY
NUMEROUS FACTORS OUTSIDE THE CONTROL OF HATRABBIT, AND, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
SHALL HATRABBIT, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS
AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “HATRABBIT” FOR
PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR
ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE
GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION
OBTAINED FROM THE GAME OR OTHERWISE FROM HATRABBIT OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS,
CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR
ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
HATRABBIT’S RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES
AVAILABLE IN OR IN RELATION TO THE GAME. HATRABBIT TAKES NO
RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF
SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, UNDER NO CIRCUMSTANCES SHALL HATRABBIT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF
THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, HATRABBIT’S ENTIRE LIABILITY UNDER
ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE
CLAIM IS MADE.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY
APPLICABLE LAW, YOU EXPRESSLY AGREE THAT HATRABBIT SHALL HAVE NO
LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS
AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE
GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND
SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME,
ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND
SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND HATRABBIT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED
OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HATRABBIT DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND
SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME,
THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT
THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS,
UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE
GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN
CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY HATRABBIT OR AN HATRABBIT AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE
PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
IF NEEDED.
HATRABBIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE
PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR
OTHER ADVERTISING, AND HATRABBIT WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
HATRABBIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY
OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE
THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN
CONNECTION WITH THE GAME, OR DEFECT IN OR CAUSED BY THE GAME, OR
PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION
WITH THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY
OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, HATRABBIT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE
TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR
THE GAME, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE
CLAIM IS MADE.
16. Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or
flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns
or backgrounds on a video monitor or virtual reality headset may induce an epileptic seizure, motion
sickness even in persons who have no history of prior seizures or epilepsy. Hatrabbit takes no
responsibility for such effects in the Game and advertising related to the Game and end results thereof
and you are accessing and playing the Game and seeing the advertising on your own risk. Nor does
Hatrabbit take any responsibility for motion sickness, any balance problem etc. that may occur from
the playing of the Game or seeing the advertising etc.
17. Trademarks and Game marks
The names, logos, characters, brands and product and service names appearing in the Game and
related services are trademarks/service marks or registered trademarks/service marks of Hatrabbit or
third parties (the respective holders). The use of any such trademark or service mark without express
written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
You acknowledge and agree that all content, design elements, and materials available in the Game, for
example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service
names (“Hatrabbit Content”) are owned by Hatrabbit and/or its partners and licensors and protected by
copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Hatrabbit and/or its
partners and licensors. Hatrabbit and its partners and licensors retain all right, title and interest in and
to the Hatrabbit Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit
or distribute any Hatrabbit Content in any form or for any means, unless expressly permitted in this
Agreement. Hatrabbit's trademarks and trade dress may not be used, including as part of trademarks
and/or as part of domain names, in connection with any product or service in any manner that is likely
to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior
written permission of Hatrabbit. In addition, you may not sell, license, rent, perform, display, create
derivative works from, or in any way use or exploit Hatrabbit Content in any way unless expressly
permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any
software or other component of the Game or Hatrabbit Content. Unless explicitly stated herein,
nothing in these Terms of Use shall be construed as conferring to you any license to intellectual
property rights, whether by estoppel, implication or otherwise. You agree not to assert against
Hatrabbit any claim, action or proceeding for infringement of any patents, patent rights or other
intellectual property rights.
You hereby irrevocably, and without additional consideration beyond the rights granted to You herein,
assigns to Hatrabbit any and all right, title and interest that You may have, including copyrights, in or
to any and all information, user exchanges, transmits or uploads while playing the Game, including
without limitation all files, data and information. The assigned rights include the right to lease and
assign the rights and make changes to the information and materials etc. To the extent that any such
rights are not assignable, You hereby grants Hatrabbit an exclusive, perpetual, worldwide, irrevocable,
assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all
intellectual property and other rights, in and to all or any part of such information and materials, in any
medium now known or hereafter devised.
19. Prohibited use
You agree to abide by all applicable laws and regulations when playing the Game. Your continued
access to the Game and right to play the Game is subject to proper conduct. Without limiting
Hatrabbit’s rights to control the Game’s environment, and the conduct of the End Users within that
environment, Hatrabbit prohibits the following practices that Hatrabbit has determined detract from
the overall user experience and you are strictly prohibited from:
1) Taking any action that imposes an unreasonable or disproportionately large load on the System
of the Game;
2) Use of your own or third-party software to modify any content appearing within the Game, its
environment or change how the Game is played or services used;
3) Use of your own or third-party software, the Game or any information accessible through the
System, to bypass or modify any System login architecture or create or provide any other means
through which any System may be accessed and/or the Game may be used by others in ways
other than those intended by Hatrabbit;
4) Disrespecting the rights of others and their rights to play and enjoy the Game. You may not
defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
5) When naming any character, team, guild or clan you may not use sexually explicit, harmful,
threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
6) You may not post or communicate any player's real world information (name, address, account
name, etc.) in the Game, on the Websites or in any other forum or media, or make public
anyone’s identification documents or sensitive financial information or posting such information
in the Game or other permitted websites;
7) You may not harvest or collect email addresses or other contact information of other users from
the Game by electronic or other means, for example for the purposes of sending unsolicited
emails or other unsolicited communications;
8) You may not solicit personal information from anyone under 18 or solicit passwords or
personally identifying information for commercial or unlawful purposes;
9) You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful,
racially or ethnically offensive language or images;
10) You may not post material that includes graphic depictions of gratuitous or excessive violence,
includes profane or obscene language or gestures, advocates intoxication or substance abuse,
promotes gender, political or religious stereotypes, makes negative or disrespectful comments
etc. about religions or reflects adversely on the name, reputation or goodwill of Hatrabbit;
11) You may not post, upload or link to any sexually explicit, harmful, threatening, abusive,
defamatory, obscene, hateful, racially or ethnically offensive imagery or content;
12) You may not impersonate any Hatrabbit, its’ employees, consultants, partners etc;
13) You may not impersonate another person, misrepresenting your affiliation with an entity or
person, hiding or attempting to hide your identity or otherwise conducting fraud;
14) You may not violate or encourage others to violate any local, state, national, or international
laws or regulations;
15) You may not market, promote, advertise, or solicit products or services in the Game;
16) You may not modify any part of the Game, or Clients, Servers etc;
17) You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or
transferring access to the Game;
18) You may not advertise the intent to or commit the act of buying or selling items for cash or
trading items in the Game;
19) You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any
pirated or illegal software in the Game;
20) You will follow the instructions of authorized personnel in or related to the Game;
21) You may not organize nor be a member of any pledges or groups within the Game that are
based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate
mongering philosophies;
22) You may not provide false information or intentionally hide any information when registering
for your account in the Game;
23) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the
servers or platforms running the Game;
24) You will not exploit any bug in the Game and you will not communicate the existence of any
such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or
through public posting, to any other user of the Game. Bugs should be promptly reported to
support@hatrabbit.se;
25) You will not attempt to play the Game on any server or platform that is not controlled or
authorized by Hatrabbit AB, its designees or platform/service providers;
26) You will not create, use, or provide any server emulator or other site where the Game may be
played, and you will not post or distribute any utilities, emulators or other software tools related
to the Game without the express written permission of Hatrabbit;
27) You will not register for a User account on behalf of an individual other than yourself, or
register for a User account on behalf of any group or entity;
28) Using Hatrabbit’ copyrights or trademarks or any confusingly similar marks;
29) Uploading invalid data, viruses, worms, or other software agents to the Game;
30) Collecting information from other End Users without obtaining their consent; or
31) You may not use any own or any third-party software, macros or other stored rapid keystrokes
or other patterns of play that facilitate gameplay, including progress and/or acquisition of items,
rank or status when compared with ordinary Game play. You may not rewrite or modify the user
interface or otherwise manipulate data in any way to acquire items, character attributes or
beneficial actions not actually acquired or achieved in the Game.
32) Otherwise use the Game in any manner that breaches the terms and conditions of the Terms of
Use or the Privacy Policy.
If you post recordings of your playing of the Game on sites lite Twitch.com, YouTube.com etc. you
shall refer to the name of the Game and give Hatrabbit credit as the developer of the Game. Such
recordings and postings shall be done in good taste.
Hatrabbit and the platform/service providers can close down your account and stop your access to the
Game for any reason, at any time, without notice, including, but not limited to if we believe that You
violate these Terms of Use, the Privacy Policy, our policies.
20. Communication and Feedback
Hatrabbit may from time to time contact you by any appropriate information channel to keep you up to
date with news about for example the Game, new products and services, updates, campaigns,
promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment
methods etc. Hatrabbit may occasionally ask you to provide information on your experiences of
playing the Game etc. which will be used to improve the quality and provision of the Game etc. You
are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Hatrabbit.
Any and all information which is submitted by you is submitted voluntarily. To the extent you do
provide any Feedback to Hatrabbit, you agree to assign and hereby do assign all right, title and interest
in and to such Feedback to Hatrabbit and acknowledge that Hatrabbit may freely use, reproduce,
modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner
such Feedback without payment of any royalties or other consideration to you. You can stop the
delivery of promotional messages from Hatrabbit by following the specific instructions in promotional
messages or by our customer support at support@hatrabbit.se. These communication choices do not
apply to mandatory service communications that are considered part of the Game. which you may
receive periodically.
21. Electronic communications
When you play the Game or send e-mails to us, you are communicating with us electronically. You
consent to receiving communications from us electronically and communicate with us electronically.
We will communicate with you by e-mail or by posting notices in the Game or by any other means
Hatrabbit finds suitable. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically (whether by email, posting notice in the Game or otherwise)
satisfy any legal requirement that such communications be in writing.
22. Disputes
Disputes between you and Hatrabbit
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES
AGAINST HATRABBIT, YOU AGREE TO FIRST CONTACT HATRABBIT AND TRY TO
RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM
("NOTICE") TO HATRABBIT. THE NOTICE TO HATRABBIT MUST BE SENT VIA
REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 30 BELOW OR BY EMAIL
WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME,
YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE
NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON
FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU
AND HATRABBIT CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS
OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS
IN ACCORDANCE WITH SECTIONS 23-26.
User disputes
You are solely responsible for your interactions with other users of the Game. We reserve the right,
but have no obligation, to monitor disputes between you and other users.
23. Arbitration
If you are located within the United States of America, the following applies to you: Any claim
(excluding claims for injunctive or other equitable relief) where the total amount of the award sought
by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration
initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online
at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and
AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online
and/or be solely based on written submissions, the specific manner shall be chosen by the party
initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or
declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement
shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you
nor Hatrabbit can demand that the other party take part in arbitration proceedings. In order to refrain,
you must inform Hatrabbit in writing about this within 30 days of obtaining notice of this Arbitration
section. You must provide the name and address, the e-mail address associated with your Game
account (if you have one) and a clear wording that you want to waive the arbitration terms. All
requests to refrain from arbitration must be sent to: Hatrabbit AB, Folkungagatan 44, 118 26,
Stockholm, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it
will continue to apply to you.
24. Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST
BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
25. Claims
YOU AND HATRABBIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
26. Governing law
(a) If you are located outside of the United States of America this Agreement shall be governed by and
construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts
of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden,
with the district court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes
arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a
mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance
with the laws of the state of New York, without giving effect to any principles of conflicts of law. You
agree that any action arising out of or relating to these Terms of Use that is not subject to mandatory
arbitration as set forth above in section 23 shall be filed only in the state or federal courts in and for
New York County, New York and you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Hatrabbit may apply to any court of competent
jurisdiction for injunctive or other equitable relief.
27. Severability
If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or
in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to
the extent of such invalidity or unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
28. Modification
Hatrabbit reserves the right, at its discretion, to update or revise the Terms of Use at any time.
Hatrabbit will post such changes in the Game and or forums etc. related to the Game and these
additional or revised terms will become part of the Terms of Use. Please check this Terms of Use
document periodically for changes. Your continued playing of the Game constitutes your binding
acceptance of the Terms of Use, including any changes or modifications made by Hatrabbit as
permitted above.
29. Entire agreement, Assignment
These Terms of Use constitutes the entire agreement between the parties with respect to the subject
matter hereof, and supersedes all previous written or oral agreements between the parties with respect
to such subject matter. Hatrabbit may assign its rights under the Terms of Use without notice to you.
You may not assign Your rights under the Terms of Use.
30. Disclosure
The Game and related products and services hereunder are offered by Hatrabbit AB, a Swedish
corporation, with registered and business offices at Folkungagatan 44, 118 26, Stockholm, Sweden. If
you have questions or concerns about these Terms or Use, contact us at email: support@hatrabbit.se.
Last Updated: November 29, 2017
PRIVACY POLICY
Hatrabbit AB, a Swedish corporation, with registered and business offices at Folkungagatan 44, 118
26, Stockholm, Sweden, (“Hatrabbit”) respects your privacy and provides you with this Privacy Policy
(“Privacy Policy”) so that you may understand the ways in which we do and do not use the
information you transmit when accessing and playing the Merry Snowballs Game, accessing and using
websites, platforms, software services and related services (hereinafter the “Game”). Please note that
your access and/or playing of the Game constitutes your acceptance of this Privacy Policy as well as
our Terms of Use.
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY PLEASE DO NOT ACCESS AND/OR
PLAY THE GAME.
Please note that this Privacy Policy applies only to information submitted and collected online through
or in relation to the Game, and does not apply to information that may be collected by Hatrabbit or its
affiliates offline.
1. Information that Hatrabbit collects
In order to access and play the Merry Snowballs Game you must create an account on the Game’s
webpage or on the platform/service providers’ platforms that hosts the Game. To create an account
you are required to provide certain mandatory information such as your name, your email address,
account login etc. which is mandatory in order to be able to establish an account. Hatrabbit and/or the
platform/service providers (i.e. Steam, Xbox, Playstation etc.) collects financial information on the
terms and conditions set out in this Privacy Policy. Hatrabbit does not use financial information for
any purpose other than processing payments. Further you may, but is not required to, provide certain
voluntary information such as date of birth, screen name, your personal profile in the Game, interests
in and use of various games, products and services, and any other personal or preference information
which you may choose to voluntarily provide.
Hatrabbit may also collect and process other information when you interact with the Game online,
such as the type of browser you are using, the type of operating system you are using; the IP address or
other unique identifier such as a device identifier of any of your computer(s) or device(s) that are used
to access the Game. Such information will be collected and processed irrespective of whether you only
access the Game or if you actually play the Game. Hatrabbit may also collect and process certain
information when you as a user with a user account interact with the Game such as the information in
your personal profile, the relationships you form in the Game, the messages you send, the groups you
form, the events you set up, the applications you add and the information you transmit information
through various channels.
If you choose to use any invitation service to tell a friend about the Game, Hatrabbit will ask you for
information needed to send the invitation, such as your friend's email address etc. Hatrabbit will
automatically send your friend a one-time email or instant message inviting him or her to visit the
Game. Hatrabbit stores this information to send this one-time invitation, to register a friend connection
if your invitation is accepted, and to track the success of our referral program. Your friend may contact
Hatrabbit at support@hatrabbit.se to request that Hatrabbit remove this information from its database.
2. Use and disclosure of information
When you register an account in the Game, you create your own profile and privacy settings. Certain
profile information, for example your name, email and photo may be displayed to people in the
networks if you choose so in your privacy settings. We may occasionally use your name and email
address to send you notifications regarding new games and services offered that we think may be of
interest to you. Hatrabbit may send you Game-related announcements from time to time through the
general operation of the Game. Hatrabbit reserves the right to send you notices about your account
even if you opt out of all voluntary email notifications. Hatrabbit may use information in your profile
without identifying you as an individual to third parties. We do this for purposes such as personalizing
advertisements and promotions so that we can provide you the best Game experience and enjoyment
etc. Hatrabbit believe this benefits you and might be interesting to you.
Generally, the personally identifiable information collected by Hatrabbit will only be used for the
particular purpose for which it was collected. Hatrabbit may also transfer, disclose or share your
personally identifiable information with certain partners and affiliates, and third parties who may be
engaged by it specifically to handle and deliver certain activities necessary to operate the Game (e.g.,
processing orders and payments etc.); these third parties only have access to personal information
needed to perform their functions. Additionally, in the event of a corporate reorganization (e.g., all or
substantially all of the assets relating to Hatrabbit are transferred or sold to another entity), personally
identifiable information submitted to Hatrabbit may be transferred to the acquiring entity. Hatrabbit
may also disclose personally identifiable information to third parties in order to comply with national,
international, federal, state or local laws, in response to requests by law enforcement agencies, to
enforce its Terms of Use, or to protect the rights, property or safety of Hatrabbit, the Game, End Users
etc. We may use personally identifying information and records for defense of any lawsuit,
investigation or other actions if such personally identifying information, records or profiles are
relevant to a lawsuit, investigation or action.
You agree to and accept that we may also occasionally use your email address to send you
announcements regarding the Game, our products and services and/or business that may be of interest
to you. This includes the right to send you offers and advertising regarding our games, products and
services and/or business, including product placements in the Game.
Hatrabbit requests that anyone under the age of 18 not send any personal information about themselves
over the Internet unless sent under the supervision of their parent or guardian. We do not knowingly
collect personal information such as name and email address from children under 13 years old in the
Game. We believe it is important to safeguard the privacy of children and encourage parents to
regularly monitor their children’s use of online activities. If you are a parent and believe that your
child under the age of 13 has accessed and/or played the Game and provided personally identifiable
information to us, please contact us at support@hatrabbit.se or the mailing address at the end of this
Privacy Policy and we will work to delete that account and any such personally identifiable
information.
3. Cookies and logs etc.
Cookies. A cookie is information a website places on your computer’s hard drive so that the website is
able to remember your preferences and/or which pages you visited on the website and make your visit
more efficient and enjoyable. Hatrabbit may use cookies to determine the number of unique players of
the Game over a given period, or to remember user account details, etc. so that the need for multiple
log-ins is eliminated. It may combine information collected through cookies to any personal
information submitted online when using the Game to help personalize a user’s access to and playing
of the Game. Cookies may be disabled on your computer by indicating this in the preferences or
options menus in your browser.
Logfiles. Log files are files that log actions that have occurred on a website. Hatrabbit may collect data
in the form of log files and may use such log files to gather statistics about End Users user habits and
to assess overall Game activity, including how many "hits" a particular web page is getting and other
navigational data. These entries are generated anonymously, and enable Hatrabbit to track interest in
specific promotions, troubleshoot technical concerns, and provide End Users with content that may be
of interest to them. Log files are used internally only, and are not associated with any particular user,
computer, or browser.
Web beacons. The Game may use a variety of technical methods for tracking purposes, including
“Web beacons” etc. Web beacons are small pieces of data that are embedded in images on the pages of
the Game. We may also use these technical methods to analyze the traffic patterns in the Game such as
the frequency with which End Users accesses various parts of the Game etc. These technical methods
may involve the transmission of information either directly to us or to another party authorized by us
to collect information on our behalf. We also use these technical methods in HTML emails that we
send our End Users to determine whether our End Users have opened those emails or clicked on links
in those emails. The information from use of these technical methods may be collected in a form that
is personally identifiable.
4. Payment information
End Users purchasing products and/or services in or through the Game may be asked by the
platform/service providers to provide certain personally identifiable information, such as full name,
billing address, email address, phone number and credit card number/expiration date etc. Please note
that you must be the age of 18 or older to make purchases in the Game.
Once End Users have successfully entered valid credit card information and completed the order
process, a purchasing account will be created and maintained for them. The platform/service providers
will use the information provided to process the End User’s order and to send order confirmations via
email, as well as to make future purchases easier for the End User. Hatrabbit does not sell, transfer or
share customer information with third parties, except where applicable the information is transferred,
disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver
certain online activities necessary to operate Hatrabbit’ business (e.g. processing orders and
payments).
Hatrabbit is always looking for ways to improve your experience in the Game. Hatrabbit may at times
solicit additional personally identifiable information to help it to offer new games, products and
services that may be of interest to you.
5. Security
Hatrabbit has taken reasonable steps to ensure that the personally identifiable information it collects is
secure and we have taken reasonable measures to protect the confidentiality, security, and integrity of
the personal information collected from our Game’s End Users. Personal information is stored in
secure operating environments that are not available to the public and that are only accessible to
authorized employees and contractors. We also have security measures in place to protect the loss,
misuse, and alteration of the information under our control. However, there is no such thing as perfect
security. As a result, although we strive to protect personally identifying information, we cannot
ensure or warrant the security of any information transmitted to us through or in connection with the
Game, that we store on our systems or that is stored on our service providers' systems.
Hatrabbit may collect certain information so that we can provide you the Game and offer personalized
features. Hatrabbit may for example retain certain information so that, for example you can return to
prior levels, view prior messages you have sent etc. When you update information, Hatrabbit normally
keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior
version of that information. You understand and acknowledge that, even after removal of any User
Content, copies of User Content may remain viewable in cached and archived pages or if other Users
have copied or stored such User Content.
Please note that Hatrabbit may provide links to other games and websites that are operated and hosted
by third parties who may have their own information collection practices. Those other games and
websites are governed by their own privacy policies, which may be substantially different from
Hatrabbit’ policies. Visitors to other games and websites are encouraged to review the privacy policies
and information collection practices of those websites.
Any improper collection or misuse of User Content or information provided in the Game is a violation
of the Terms of Use and should be reported to Hatrabbit at support@tatrabbit.se.
6. Sharing Your Information with Third Parties
The Game may contain community services. Community services are forums where you may share
information with others End Users, persons in your social networks etc. Hatrabbit allow you to decide
what information you share with other End Users, persons in your social networks etc. in and through
the community services. Our network architecture and your privacy settings allow you to make
informed choices about who has access to your information. We do not provide contact information to
third party marketers without your permission. We share your information with third parties only in
limited circumstances where we believe such sharing is 1) reasonably necessary to offer the Game and
related services, 2) where legally required or, 3) when permitted by you. For example:
● Your news feeds will contain the information you decide to make available to other End
Users, persons in your social networks etc. in accordance with your privacy settings.
● We may provide information to service providers to help us bring you the services we offer in
and related to the Game. Specifically, we may use third parties to facilitate our business, such
as to host the Game at a co-location facility for servers, to send out email updates about the
Game, to remove repetitive information from our user lists, to process payments for products
or services, or to provide search results or links (including sponsored links). In connection
with these offerings and business operations, our service providers may have access to your
personal information for use for a limited time in connection with these business activities.
Where we utilize third parties for the processing of any personal information, we implement
reasonable contractual and technical protections limiting the use of that information to the
Game specified purposes.
● If you, your friends, or members of your social network use any third-party applications
developed using the service platform ("Platform Applications"), those Platform Applications
may access and share certain information about you with others in accordance with your
privacy settings. In addition, third party platform/service providers who have created and
operate Platform Applications ("platform/service providers"), may also have access to your
personal information (excluding your contact information) if you permit Platform Applications
to access your data. Before allowing any platform/service provider to make any Platform
Application available to you, Hatrabbit requires the platform/service provider to enter into an
agreement with it which, among other things, requires them to respect your privacy settings
and strictly limits their collection, use, and storage of your information. However, while we
have undertaken contractual and technical steps to restrict possible misuse of such information
by such platform/service providers, we cannot and do not guarantee that all platform/service
providers will abide by such agreements. Please note that Hatrabbit does not screen or approve
platform/service providers and cannot control how such platform/service providers use any
personal information that they may obtain in connection with Platform Applications. In
addition, platform/service providers may require you to sign up to their own license
agreements/user terms, privacy policies or other policies, which may give them additional
rights or impose additional obligations on you, so please make sure to review such terms and
policies carefully before using any Platform Application. You can report any suspected misuse
of information through the Game and we will investigate any such claim and take appropriate
action against the platform/service providers up to and including terminating their
participation in the Game and/or other formal legal action.
● We may be required to disclose End User information pursuant to legal requests, such as
subpoenas or court orders, or in compliance with applicable laws. We do not reveal
information until we have a good faith belief that an information request by law enforcement
or private litigants etc. meets applicable legal standards. Additionally, we may share account
or other information when we believe it is necessary to comply with applicable laws, to protect
our interests or property, to prevent fraud or other illegal activity perpetrated through the
Game or misuse of the Game name, or to prevent imminent bodily harm etc. This may include
sharing information with other companies, lawyers, agents or government agencies etc.
● We may offer stores or provide services jointly with other companies in the Game. You can
tell when another company is involved in any store or service provided in the Game, and we
may share customer information with that company in connection with your use of such store
or service.
● Like many other online games or websites that interact with third party sites, we may receive
some information even if you are logged out from the Game, or that pertains to non-game
users, from those sites in conjunction with the technical operation of the system. In cases
where Hatrabbit receives information on users that are not logged in, or on non-game users,
we do not attempt to associate it with individual End User accounts and will discard it.
● When you use the Game, certain information you post or share with third parties (e.g., a friend
or someone in your social network), such as personal information, comments, messages,
photos, videos, or other information, may be shared with other End Users in accordance with
the privacy settings you select. All such sharing of information is done at your own risk.
Please keep in mind that if you disclose personal information in your profile or when posting
comments, messages, photos, videos, or other items, this information may become publicly
available.
7. Changing or Removing Account Information
Access and control over most personal information in the Game is readily available through the profile
editing tools on the webpage or the gaming platforms. End Users may modify or delete any or all of
their profile information at any time by logging into their accounts. Information will be updated as
soon as possible. End Users who wish to deactivate their Game account may do so in their accounts on
the webpage or the gaming platforms. Removed information may persist in backup copies for a
reasonable period of time but will not be generally available to other End Users or visitors of the
Game. You cannot however remove communications made in any communication features in the
Game, which might have been shared with other End Users (for example sending personal messages to
another End Users).
8. Changes to our Privacy Policy
This Privacy Policy applies to all information collected by you or provided to us on and after the
Effective Date. This Privacy Policy is subject to change and we may make any changes to this Privacy
Policy as we see fit. Hatrabbit will notify you of material changes by posting them in the Game, or on
the websites etc. You are encouraged to check back and review this Privacy Policy from time to time
so that you will always know what information is collected how it is used and to whom it is disclosed.
Your continued use of the Game subject to this Privacy Policy will signify your acceptance of Privacy
Policy changes.
9. Governing Laws
Hatrabbit will collect and process your personal information in accordance with applicable Swedish
data protection laws and the EU Data Protection Directive (95/46/EC) and any applicable national
legislation and/or regulation implementing or made pursuant to it, or replacing, re-enacting or
consolidating it (including the General Data Protection Regulation 2016/679 and any applicable
national legislation and/or regulation implementing or made pursuant to it).
10. Governing Law, Disputes
Any dispute, controversy or claim arising out of or in connection with this Privacy Policy, or the
breach, termination or invalidity thereof, shall be governed by the law as stated in sections 22-26 of
the Terms of Use and the venue of such dispute resolution shall be as stated in section 22-26 of the
Term of Use.
11. Contact
If you have any questions, complaints or comments regarding our Privacy Policy, please contact
Hatrabbit at:
Hatrabbit AB
Folkungagatan 44
118 26, Stockholm, Sweden
email: support@hatrabbit.se
Last Updated: November 29, 2017
WELCOME TO MERRY SNOWBALLS, A VIDEOGAME GAME WHERE YOU GET TO
ENGAGE IN SNOWBALL FIGHTS BY THROWING, SHOOTING, USING POWER-UPS AND
COOL GADGETS IN ORDER TO DEFEAT YOUR ENEMIES. BEFORE ACCESSING AND
PLAYING THE GAME, USING THE RELATED SERVICES OR ACCESSING ANY GAME
RELATED WEBSITES, ETC. (THE GAME, RELATED SERVICES AND THE WEBSITES
HEREINAFTER THE “GAME”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE
NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY
THESE TERMS OF USE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN
HATRABBIT AB AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE
GAME (“END USER”). IF YOU ARE AN END USER BASED IN THE UNITED STATES
CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR
EXAMPLE SECTIONS 23 AND 24, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN
CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS
CLAIMS. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND
PLAY THE GAME. HATRABBIT AB RESERVES THE RIGHT TO TEMPORARILY OR
PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THESE
TERMS OF USE. HATRABBIT AB MAY DISABLE ACCESS TO THE GAME AT ITS
DISCRETION AND MAY DO SO WITHOUT NOTICE.
THIS IS A VIRTUAL REALITY GAME. WHEN PLAYING THE GAME YOU MAY NOT BE
ABLE TO SEE, HEAR OR FEEL YOUR PHYSICAL SURROUNDINGS WHEN WEARING A
VIRTUAL REALITY HEADSET. IT IS YOUR RESPONSIBILITY TO CONTROL YOUR
SURROUNDINGS AND MOVEMENTS AT ALL TIMES WHEN PLAYING THE GAME TO
ENSURE THAT YOU DON’T INJURE YOURSELF, ANY OTHER PERSONS, DAMAGE ANY
PROPERTY ETC. FALLING, STRIKING OR OTHERWISE CONTACTING ANYTHING WHILE
PLAYING THE GAME MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGES, AND
EVEN CAUSE DEATH. ANY PLAYING OF THE GAME IS AT YOUR OWN RISK.
1. Acceptance
This document (“Terms of Use”) is a legal agreement between you (“You” or “the user”)
and Hatrabbit AB, a Swedish corporation, with registered and business offices at Folkungagatan 44,
118 26, Stockholm, Sweden (“Hatrabbit”) and governs your use of the Game, whether or not you are a
registered End User of Hatrabbit.
PLEASE NOTE THAT BY ACCESSING AND/OR PLAYING THE GAME YOU AGREE TO
ABIDE BY AND BE BOUND BY THESE TERMS OF USE. HATRABBIT OWNS ALL
INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAME AND PERMITS YOU TO PLAY
THE GAME ONLY IN ACCORDANCE WITH THESE TERMS. YOUR PLAYING OF THE
GAME CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT
AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME.
2. The Game
The Game is a videogame game where you get to engage in snowball fights by throwing, shooting,
using power-ups and cool gadgets in order to defeat your enemies. Certain versions of the Game, for
example the mobile version of the game, may contain in-game advertising and In-Game-Purchases
services.
3. Access to the Game
To access and play the Game you must register an account with a platform/service provider (i.e.
Steam, Viveport, Oculus, Google etc.), unless the Game is expressly provided in a form and venue
where an account is not required (i.e. arcade game consoles etc.). You may not, under any
circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to
access your account. Hatrabbit reserves the right to disable or block accounts without notice. You are
not permitted to transfer your account, any in game currency, characters etc. to another person or
entity, unless specifically permitted in writing by Hatrabbit. Further, you must be 13 years or older to
be entitled to access and play the Game. This Game is not intended for children under the age of 13.
Children under the age of 13 may not access and play the Game. If you are at least 13 years old but
under 18 years of age you need parental consent to access and play the Game and any activities in the
Game must be under the legal responsibility of the parents. Any registration by, use of or access to the
Game by anyone under 13, or by anyone who is under 18 acting without parental consent, is
unauthorized, unlicensed and in violation of these Terms of Use.
4. Third Party Accounts
If enabled by Hatrabbit in its sole discretion, you may establish an account with account data provided
to Hatrabbit by a third party such as a gaming platform, social networking service etc. in which case
you may have a separate, additional account relationship with such third party.
5. Registration
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information
as requested when registering an account and (b) maintain and update this registration information to
keep it true, accurate, current, and complete. You are solely responsible for maintaining the
confidentiality of your account and password and for restricting access to any computer, smart phone,
tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all
activities that occur under your account or password. Hatrabbit, its affiliates and service providers
reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without
limitation, if you provide registration information which is false, inaccurate, not current, or
incomplete.
For information regarding how Hatrabbit handle the information you transmit through the Game
please visit the Privacy Policy. Please note that your access to and playing of the Game constitutes
your acceptance of the Privacy Policy.
6. Products and services
Hatrabbit reserves the right to add, modify, or delete/cancel the Game, including your access to the
Game at any time. Hatrabbit makes no representation or warranty as to the completeness or accuracy
of the Game nor does it represent or warrant that the Game will be available at all times or at any time.
The Game may be incomplete, may contain errors etc. Hatrabbit makes no commitment and expressly
disclaims any duty to fix any errors or lack of functionality in the Game. The Game is provided on an
“as is” basis without any express warranties.
7. Payment
Certain versions of the Game are provided as a “free-to-play game” where you can access and play
certain parts of the Game or Game versions without paying any fees. However other versions of the
Game or certain Game levels and features are “premium features” where you must pay a fee or
purchase in-game material or access to play such levels and features etc. Where applicable, You agree
to fully pay for the Game, features, levels, versions, in-game purchases, products and services that you
have ordered in the Game. You are responsible for providing Hatrabbit and/or the platform/service
providers with valid credit card information to secure payment. Hatrabbit and/or the platform/service
providers reserves the right to cancel any order if the credit card information you provide is not valid.
Payment may be processed in cooperation with third party payment service providers, like PayPal etc.
Hatrabbit or the platform/service providers confirm all subscriptions, purchases and send all initial
login or activation information by email once Hatrabbit or the platform/service provider have had the
opportunity to confirm your purchase.
8. Payment terms
In order to access and play certain versions of the Game or certain Game levels in the Game, access
certain additional content, premium services etc. you are required to pay certain fees (certain Game
versions and the premium services and access to additional content are provided to paying users only).
You can find the current fees and payment terms at the platform/service provider’s Game access pages
etc. Hatrabbit may also offer other products and services in the Game etc., either for free, for one-time
fees or for recurring fees. Hatrabbit may amend the fees and payment terms at any time. If any fees are
subject to any type of applicable taxes, Hatrabbit or the platform/service provider may charge you for
any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN
PART.
However, a remaining portion of the payment may be credited in Hatrabbit’s and/or the
platform/service provider sole discretion should you decide to upgrade your services. When you
purchase the Game and any product or service in the Game or in relation to the Game you authorize
Hatrabbit or the platform/service provider to automatically charge your credit card the fees in
accordance with the payment terms. You are responsible for paying all applicable taxes (including
those Hatrabbit or the platform/service provider are not required to collect) and for all hardware,
software, Internet, Virtual Reality equipment (platform specific VR headsets/screen etc.) and other
costs you incur to access and play the Game. Hatrabbit and/or the platform/service providers reserves
the right to change the fees and availability of the Game at any time without notice; provided,
however, such price change will not affect your purchase price for orders that Hatrabbit or the
platform/service provider has already actually received from you and processed, unless expressly
stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in
the fees or payment terms.
9. Access
In consideration of the payment of any applicable fees and subject to your registering for an account
and compliance with the terms contained herein, Hatrabbit or the platform/service provider will, upon
receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to
access the Game and enable you to access and play the Game subject to the other applicable
provisions, limitations and restrictions in these Terms of Use. You may not upload or republish the
Game or Game Content on any Internet, Intranet or Extranet sites or incorporate the information in any
other database or compilation, and any other use of the Game or Game Content is strictly prohibited.
However, you may upload recordings of yourself playing the Game on channels like Twitch.com and
YouTube.com etc, provided that such use is done in good taste and does not infringe on the intellectual
property rights of Hatrabbit or reflect negative on Hatrabbit or the Game. If Hatrabbit or the
platform/service provider is unable to process your payment at any time, your access to certain
services, content etc. may be suspended or terminated at Hatrabbit’s or the platform/service provider’s
discretion.
10. Delivery of products and services, Updates and New Releases
Hatrabbit provides the Game on an “as is” basis. Hatrabbit or the platform/service provider shall
endeavor to deliver the Game that you have ordered to you within a reasonable amount of time.
However, technical problems may delay or prevent delivery and except as set forth in the next
sentence, Hatrabbit or the platform/service provider shall have no liability to you with respect to
delays or delivery problems. Your sole remedy with respect to the Game, a purchased product or
service that is not delivered within a reasonable amount of time after ordering is to either receive a
replacement of the Game, product or service, or a refund of the purchase price paid for the Game,
product or service, as determined by Hatrabbit or the platform/service provider in their sole discretion.
Hatrabbit may from time to time update or otherwise modify the Game electronically, or require the
user to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s
terms, conditions, features, items, mechanics, or any other element of the Game. You must install such
Updates before You will be allowed to proceed to play the Game. If You fail to install the new release
when required, Hatrabbit will not be responsible in any way for Your inability to play the Game, and
You shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
You are not entitled to receive any new releases of the Game, or any expansion packs, updates,
upgrades or similar products under this agreement, but Hatrabbit may, in its sole discretion, but is not
obligated to offer any or all of the foregoing to You. Hatrabbit may provide new releases or otherwise
enhance the Game at any time, in its sole discretion, without obligation to You. Any such new release
or other enhancement of the Game may change the Game’s terms, conditions, features, items,
mechanics, or any other element of the Game. Periodically, Hatrabbit will require all users to migrate
to new releases of the Game in order to continue to play it. If You fail to update the Game and install
the new release when required, Hatrabbit will not be responsible in any way for Your inability to play
the Game, and You shall not be entitled to receive a refund of any prepaid fees or any other form of
compensation.
11. Links to other Games
The Game, platforms etc. may contain advertising and links to other games, websites, services etc.
Hatrabbit does not review or evaluate any adverts or games, websites, services etc. linked to in the
Game or the platform and is not responsible for the accuracy, copyright compliance, legality, decency,
or appropriateness of the adverts, content on these games, websites, services etc. nor is it responsible
for the advertising, products, or other materials that may appear in or are offered by such adverts,
games, websites, services, the platforms etc. You should carefully review the adverts and respective
conditions of use for each of these games, websites, services etc. Under no circumstances shall
Hatrabbit be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged
to have been caused by your use of or reliance on any advertising, content, products, goods, or services
etc. available on such games, websites, services, platforms etc.
12. Indemnification
Your access to and playing of the Game constitutes your agreement to defend, indemnify, and hold
harmless Hatrabbit, its parents and affiliates, licensors and partners, the platform/service providers and
their respective members, employees, contractors, officers, and directors, from and against any actions,
claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use
or misuse of the Game including related services by a third party with the use of your account.
13. Termination
These Terms of Use are effective until amended by Hatrabbit in its sole discretion. Hatrabbit may
change, suspend, or discontinue all or any aspect of the Game at any time for any reason without prior
notice or liability, including, without limitation, the availability of the Game or any feature, without
prior notice or liability. Hatrabbit may cease to provide the Game or any or all of the products and
services offered in connection with the Games, terminate the Terms of Use, and cancel all of the rights
granted to you under the Terms of Use at any time for any reason without prior notice or liability.
Hatrabbit may, but is not obligated to, communicate such termination to you in any of the following
manners: (i) in a notice in the Game; (ii) via electronic mail; (iii) in these Terms of Use, or (iv) in
another manner that Hatrabbit deems suitable to inform you of the termination. If Hatrabbit terminates
the Game, you will not receive a refund of paid fees. In the event of any termination hereunder
Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, 28 and
29, of these Terms of Use will survive termination.
14. Disclaimers and limitations of liability
THE GAME IS PROVIDED BY HATRABBIT ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HATRABBIT DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, HATRABBIT MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE
INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME
WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR
ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY
INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE
GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF
HATRABBIT, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER
HARMFUL COMPONENTS. ALTHOUGH HATRABBIT PROVIDE RULES FOR USER
CONDUCT AND POSTINGS, HATRABBIT DO NOT CONTROL AND ARE NOT
RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS
NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR
OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE
PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE
OR CONTENT. HATRABBIT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER
ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY
NUMEROUS FACTORS OUTSIDE THE CONTROL OF HATRABBIT, AND, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
SHALL HATRABBIT, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS
AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “HATRABBIT” FOR
PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR
ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE
GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION
OBTAINED FROM THE GAME OR OTHERWISE FROM HATRABBIT OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS,
CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR
ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
HATRABBIT’S RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES
AVAILABLE IN OR IN RELATION TO THE GAME. HATRABBIT TAKES NO
RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF
SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, UNDER NO CIRCUMSTANCES SHALL HATRABBIT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF
THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, HATRABBIT’S ENTIRE LIABILITY UNDER
ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE
CLAIM IS MADE.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY
APPLICABLE LAW, YOU EXPRESSLY AGREE THAT HATRABBIT SHALL HAVE NO
LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS
AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE
GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND
SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME,
ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND
SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND HATRABBIT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED
OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HATRABBIT DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND
SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME,
THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT
THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS,
UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE
GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN
CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY HATRABBIT OR AN HATRABBIT AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE
PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
IF NEEDED.
HATRABBIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE
PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR
OTHER ADVERTISING, AND HATRABBIT WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
HATRABBIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY
OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE
THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN
CONNECTION WITH THE GAME, OR DEFECT IN OR CAUSED BY THE GAME, OR
PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION
WITH THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY
OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, HATRABBIT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE
TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR
THE GAME, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE
CLAIM IS MADE.
16. Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or
flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns
or backgrounds on a video monitor or virtual reality headset may induce an epileptic seizure, motion
sickness even in persons who have no history of prior seizures or epilepsy. Hatrabbit takes no
responsibility for such effects in the Game and advertising related to the Game and end results thereof
and you are accessing and playing the Game and seeing the advertising on your own risk. Nor does
Hatrabbit take any responsibility for motion sickness, any balance problem etc. that may occur from
the playing of the Game or seeing the advertising etc.
17. Trademarks and Game marks
The names, logos, characters, brands and product and service names appearing in the Game and
related services are trademarks/service marks or registered trademarks/service marks of Hatrabbit or
third parties (the respective holders). The use of any such trademark or service mark without express
written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
You acknowledge and agree that all content, design elements, and materials available in the Game, for
example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service
names (“Hatrabbit Content”) are owned by Hatrabbit and/or its partners and licensors and protected by
copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Hatrabbit and/or its
partners and licensors. Hatrabbit and its partners and licensors retain all right, title and interest in and
to the Hatrabbit Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit
or distribute any Hatrabbit Content in any form or for any means, unless expressly permitted in this
Agreement. Hatrabbit's trademarks and trade dress may not be used, including as part of trademarks
and/or as part of domain names, in connection with any product or service in any manner that is likely
to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior
written permission of Hatrabbit. In addition, you may not sell, license, rent, perform, display, create
derivative works from, or in any way use or exploit Hatrabbit Content in any way unless expressly
permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any
software or other component of the Game or Hatrabbit Content. Unless explicitly stated herein,
nothing in these Terms of Use shall be construed as conferring to you any license to intellectual
property rights, whether by estoppel, implication or otherwise. You agree not to assert against
Hatrabbit any claim, action or proceeding for infringement of any patents, patent rights or other
intellectual property rights.
You hereby irrevocably, and without additional consideration beyond the rights granted to You herein,
assigns to Hatrabbit any and all right, title and interest that You may have, including copyrights, in or
to any and all information, user exchanges, transmits or uploads while playing the Game, including
without limitation all files, data and information. The assigned rights include the right to lease and
assign the rights and make changes to the information and materials etc. To the extent that any such
rights are not assignable, You hereby grants Hatrabbit an exclusive, perpetual, worldwide, irrevocable,
assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all
intellectual property and other rights, in and to all or any part of such information and materials, in any
medium now known or hereafter devised.
19. Prohibited use
You agree to abide by all applicable laws and regulations when playing the Game. Your continued
access to the Game and right to play the Game is subject to proper conduct. Without limiting
Hatrabbit’s rights to control the Game’s environment, and the conduct of the End Users within that
environment, Hatrabbit prohibits the following practices that Hatrabbit has determined detract from
the overall user experience and you are strictly prohibited from:
1) Taking any action that imposes an unreasonable or disproportionately large load on the System
of the Game;
2) Use of your own or third-party software to modify any content appearing within the Game, its
environment or change how the Game is played or services used;
3) Use of your own or third-party software, the Game or any information accessible through the
System, to bypass or modify any System login architecture or create or provide any other means
through which any System may be accessed and/or the Game may be used by others in ways
other than those intended by Hatrabbit;
4) Disrespecting the rights of others and their rights to play and enjoy the Game. You may not
defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
5) When naming any character, team, guild or clan you may not use sexually explicit, harmful,
threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
6) You may not post or communicate any player's real world information (name, address, account
name, etc.) in the Game, on the Websites or in any other forum or media, or make public
anyone’s identification documents or sensitive financial information or posting such information
in the Game or other permitted websites;
7) You may not harvest or collect email addresses or other contact information of other users from
the Game by electronic or other means, for example for the purposes of sending unsolicited
emails or other unsolicited communications;
8) You may not solicit personal information from anyone under 18 or solicit passwords or
personally identifying information for commercial or unlawful purposes;
9) You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful,
racially or ethnically offensive language or images;
10) You may not post material that includes graphic depictions of gratuitous or excessive violence,
includes profane or obscene language or gestures, advocates intoxication or substance abuse,
promotes gender, political or religious stereotypes, makes negative or disrespectful comments
etc. about religions or reflects adversely on the name, reputation or goodwill of Hatrabbit;
11) You may not post, upload or link to any sexually explicit, harmful, threatening, abusive,
defamatory, obscene, hateful, racially or ethnically offensive imagery or content;
12) You may not impersonate any Hatrabbit, its’ employees, consultants, partners etc;
13) You may not impersonate another person, misrepresenting your affiliation with an entity or
person, hiding or attempting to hide your identity or otherwise conducting fraud;
14) You may not violate or encourage others to violate any local, state, national, or international
laws or regulations;
15) You may not market, promote, advertise, or solicit products or services in the Game;
16) You may not modify any part of the Game, or Clients, Servers etc;
17) You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or
transferring access to the Game;
18) You may not advertise the intent to or commit the act of buying or selling items for cash or
trading items in the Game;
19) You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any
pirated or illegal software in the Game;
20) You will follow the instructions of authorized personnel in or related to the Game;
21) You may not organize nor be a member of any pledges or groups within the Game that are
based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate
mongering philosophies;
22) You may not provide false information or intentionally hide any information when registering
for your account in the Game;
23) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the
servers or platforms running the Game;
24) You will not exploit any bug in the Game and you will not communicate the existence of any
such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or
through public posting, to any other user of the Game. Bugs should be promptly reported to
support@hatrabbit.se;
25) You will not attempt to play the Game on any server or platform that is not controlled or
authorized by Hatrabbit AB, its designees or platform/service providers;
26) You will not create, use, or provide any server emulator or other site where the Game may be
played, and you will not post or distribute any utilities, emulators or other software tools related
to the Game without the express written permission of Hatrabbit;
27) You will not register for a User account on behalf of an individual other than yourself, or
register for a User account on behalf of any group or entity;
28) Using Hatrabbit’ copyrights or trademarks or any confusingly similar marks;
29) Uploading invalid data, viruses, worms, or other software agents to the Game;
30) Collecting information from other End Users without obtaining their consent; or
31) You may not use any own or any third-party software, macros or other stored rapid keystrokes
or other patterns of play that facilitate gameplay, including progress and/or acquisition of items,
rank or status when compared with ordinary Game play. You may not rewrite or modify the user
interface or otherwise manipulate data in any way to acquire items, character attributes or
beneficial actions not actually acquired or achieved in the Game.
32) Otherwise use the Game in any manner that breaches the terms and conditions of the Terms of
Use or the Privacy Policy.
If you post recordings of your playing of the Game on sites lite Twitch.com, YouTube.com etc. you
shall refer to the name of the Game and give Hatrabbit credit as the developer of the Game. Such
recordings and postings shall be done in good taste.
Hatrabbit and the platform/service providers can close down your account and stop your access to the
Game for any reason, at any time, without notice, including, but not limited to if we believe that You
violate these Terms of Use, the Privacy Policy, our policies.
20. Communication and Feedback
Hatrabbit may from time to time contact you by any appropriate information channel to keep you up to
date with news about for example the Game, new products and services, updates, campaigns,
promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment
methods etc. Hatrabbit may occasionally ask you to provide information on your experiences of
playing the Game etc. which will be used to improve the quality and provision of the Game etc. You
are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Hatrabbit.
Any and all information which is submitted by you is submitted voluntarily. To the extent you do
provide any Feedback to Hatrabbit, you agree to assign and hereby do assign all right, title and interest
in and to such Feedback to Hatrabbit and acknowledge that Hatrabbit may freely use, reproduce,
modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner
such Feedback without payment of any royalties or other consideration to you. You can stop the
delivery of promotional messages from Hatrabbit by following the specific instructions in promotional
messages or by our customer support at support@hatrabbit.se. These communication choices do not
apply to mandatory service communications that are considered part of the Game. which you may
receive periodically.
21. Electronic communications
When you play the Game or send e-mails to us, you are communicating with us electronically. You
consent to receiving communications from us electronically and communicate with us electronically.
We will communicate with you by e-mail or by posting notices in the Game or by any other means
Hatrabbit finds suitable. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically (whether by email, posting notice in the Game or otherwise)
satisfy any legal requirement that such communications be in writing.
22. Disputes
Disputes between you and Hatrabbit
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES
AGAINST HATRABBIT, YOU AGREE TO FIRST CONTACT HATRABBIT AND TRY TO
RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM
("NOTICE") TO HATRABBIT. THE NOTICE TO HATRABBIT MUST BE SENT VIA
REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 30 BELOW OR BY EMAIL
WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME,
YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE
NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON
FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU
AND HATRABBIT CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS
OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS
IN ACCORDANCE WITH SECTIONS 23-26.
User disputes
You are solely responsible for your interactions with other users of the Game. We reserve the right,
but have no obligation, to monitor disputes between you and other users.
23. Arbitration
If you are located within the United States of America, the following applies to you: Any claim
(excluding claims for injunctive or other equitable relief) where the total amount of the award sought
by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration
initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online
at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and
AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online
and/or be solely based on written submissions, the specific manner shall be chosen by the party
initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or
declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement
shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you
nor Hatrabbit can demand that the other party take part in arbitration proceedings. In order to refrain,
you must inform Hatrabbit in writing about this within 30 days of obtaining notice of this Arbitration
section. You must provide the name and address, the e-mail address associated with your Game
account (if you have one) and a clear wording that you want to waive the arbitration terms. All
requests to refrain from arbitration must be sent to: Hatrabbit AB, Folkungagatan 44, 118 26,
Stockholm, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it
will continue to apply to you.
24. Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST
BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
25. Claims
YOU AND HATRABBIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
26. Governing law
(a) If you are located outside of the United States of America this Agreement shall be governed by and
construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts
of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden,
with the district court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes
arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a
mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance
with the laws of the state of New York, without giving effect to any principles of conflicts of law. You
agree that any action arising out of or relating to these Terms of Use that is not subject to mandatory
arbitration as set forth above in section 23 shall be filed only in the state or federal courts in and for
New York County, New York and you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Hatrabbit may apply to any court of competent
jurisdiction for injunctive or other equitable relief.
27. Severability
If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or
in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to
the extent of such invalidity or unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
28. Modification
Hatrabbit reserves the right, at its discretion, to update or revise the Terms of Use at any time.
Hatrabbit will post such changes in the Game and or forums etc. related to the Game and these
additional or revised terms will become part of the Terms of Use. Please check this Terms of Use
document periodically for changes. Your continued playing of the Game constitutes your binding
acceptance of the Terms of Use, including any changes or modifications made by Hatrabbit as
permitted above.
29. Entire agreement, Assignment
These Terms of Use constitutes the entire agreement between the parties with respect to the subject
matter hereof, and supersedes all previous written or oral agreements between the parties with respect
to such subject matter. Hatrabbit may assign its rights under the Terms of Use without notice to you.
You may not assign Your rights under the Terms of Use.
30. Disclosure
The Game and related products and services hereunder are offered by Hatrabbit AB, a Swedish
corporation, with registered and business offices at Folkungagatan 44, 118 26, Stockholm, Sweden. If
you have questions or concerns about these Terms or Use, contact us at email: support@hatrabbit.se.
Last Updated: November 29, 2017
PRIVACY POLICY
Hatrabbit AB, a Swedish corporation, with registered and business offices at Folkungagatan 44, 118
26, Stockholm, Sweden, (“Hatrabbit”) respects your privacy and provides you with this Privacy Policy
(“Privacy Policy”) so that you may understand the ways in which we do and do not use the
information you transmit when accessing and playing the Merry Snowballs Game, accessing and using
websites, platforms, software services and related services (hereinafter the “Game”). Please note that
your access and/or playing of the Game constitutes your acceptance of this Privacy Policy as well as
our Terms of Use.
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY PLEASE DO NOT ACCESS AND/OR
PLAY THE GAME.
Please note that this Privacy Policy applies only to information submitted and collected online through
or in relation to the Game, and does not apply to information that may be collected by Hatrabbit or its
affiliates offline.
1. Information that Hatrabbit collects
In order to access and play the Merry Snowballs Game you must create an account on the Game’s
webpage or on the platform/service providers’ platforms that hosts the Game. To create an account
you are required to provide certain mandatory information such as your name, your email address,
account login etc. which is mandatory in order to be able to establish an account. Hatrabbit and/or the
platform/service providers (i.e. Steam, Xbox, Playstation etc.) collects financial information on the
terms and conditions set out in this Privacy Policy. Hatrabbit does not use financial information for
any purpose other than processing payments. Further you may, but is not required to, provide certain
voluntary information such as date of birth, screen name, your personal profile in the Game, interests
in and use of various games, products and services, and any other personal or preference information
which you may choose to voluntarily provide.
Hatrabbit may also collect and process other information when you interact with the Game online,
such as the type of browser you are using, the type of operating system you are using; the IP address or
other unique identifier such as a device identifier of any of your computer(s) or device(s) that are used
to access the Game. Such information will be collected and processed irrespective of whether you only
access the Game or if you actually play the Game. Hatrabbit may also collect and process certain
information when you as a user with a user account interact with the Game such as the information in
your personal profile, the relationships you form in the Game, the messages you send, the groups you
form, the events you set up, the applications you add and the information you transmit information
through various channels.
If you choose to use any invitation service to tell a friend about the Game, Hatrabbit will ask you for
information needed to send the invitation, such as your friend's email address etc. Hatrabbit will
automatically send your friend a one-time email or instant message inviting him or her to visit the
Game. Hatrabbit stores this information to send this one-time invitation, to register a friend connection
if your invitation is accepted, and to track the success of our referral program. Your friend may contact
Hatrabbit at support@hatrabbit.se to request that Hatrabbit remove this information from its database.
2. Use and disclosure of information
When you register an account in the Game, you create your own profile and privacy settings. Certain
profile information, for example your name, email and photo may be displayed to people in the
networks if you choose so in your privacy settings. We may occasionally use your name and email
address to send you notifications regarding new games and services offered that we think may be of
interest to you. Hatrabbit may send you Game-related announcements from time to time through the
general operation of the Game. Hatrabbit reserves the right to send you notices about your account
even if you opt out of all voluntary email notifications. Hatrabbit may use information in your profile
without identifying you as an individual to third parties. We do this for purposes such as personalizing
advertisements and promotions so that we can provide you the best Game experience and enjoyment
etc. Hatrabbit believe this benefits you and might be interesting to you.
Generally, the personally identifiable information collected by Hatrabbit will only be used for the
particular purpose for which it was collected. Hatrabbit may also transfer, disclose or share your
personally identifiable information with certain partners and affiliates, and third parties who may be
engaged by it specifically to handle and deliver certain activities necessary to operate the Game (e.g.,
processing orders and payments etc.); these third parties only have access to personal information
needed to perform their functions. Additionally, in the event of a corporate reorganization (e.g., all or
substantially all of the assets relating to Hatrabbit are transferred or sold to another entity), personally
identifiable information submitted to Hatrabbit may be transferred to the acquiring entity. Hatrabbit
may also disclose personally identifiable information to third parties in order to comply with national,
international, federal, state or local laws, in response to requests by law enforcement agencies, to
enforce its Terms of Use, or to protect the rights, property or safety of Hatrabbit, the Game, End Users
etc. We may use personally identifying information and records for defense of any lawsuit,
investigation or other actions if such personally identifying information, records or profiles are
relevant to a lawsuit, investigation or action.
You agree to and accept that we may also occasionally use your email address to send you
announcements regarding the Game, our products and services and/or business that may be of interest
to you. This includes the right to send you offers and advertising regarding our games, products and
services and/or business, including product placements in the Game.
Hatrabbit requests that anyone under the age of 18 not send any personal information about themselves
over the Internet unless sent under the supervision of their parent or guardian. We do not knowingly
collect personal information such as name and email address from children under 13 years old in the
Game. We believe it is important to safeguard the privacy of children and encourage parents to
regularly monitor their children’s use of online activities. If you are a parent and believe that your
child under the age of 13 has accessed and/or played the Game and provided personally identifiable
information to us, please contact us at support@hatrabbit.se or the mailing address at the end of this
Privacy Policy and we will work to delete that account and any such personally identifiable
information.
3. Cookies and logs etc.
Cookies. A cookie is information a website places on your computer’s hard drive so that the website is
able to remember your preferences and/or which pages you visited on the website and make your visit
more efficient and enjoyable. Hatrabbit may use cookies to determine the number of unique players of
the Game over a given period, or to remember user account details, etc. so that the need for multiple
log-ins is eliminated. It may combine information collected through cookies to any personal
information submitted online when using the Game to help personalize a user’s access to and playing
of the Game. Cookies may be disabled on your computer by indicating this in the preferences or
options menus in your browser.
Logfiles. Log files are files that log actions that have occurred on a website. Hatrabbit may collect data
in the form of log files and may use such log files to gather statistics about End Users user habits and
to assess overall Game activity, including how many "hits" a particular web page is getting and other
navigational data. These entries are generated anonymously, and enable Hatrabbit to track interest in
specific promotions, troubleshoot technical concerns, and provide End Users with content that may be
of interest to them. Log files are used internally only, and are not associated with any particular user,
computer, or browser.
Web beacons. The Game may use a variety of technical methods for tracking purposes, including
“Web beacons” etc. Web beacons are small pieces of data that are embedded in images on the pages of
the Game. We may also use these technical methods to analyze the traffic patterns in the Game such as
the frequency with which End Users accesses various parts of the Game etc. These technical methods
may involve the transmission of information either directly to us or to another party authorized by us
to collect information on our behalf. We also use these technical methods in HTML emails that we
send our End Users to determine whether our End Users have opened those emails or clicked on links
in those emails. The information from use of these technical methods may be collected in a form that
is personally identifiable.
4. Payment information
End Users purchasing products and/or services in or through the Game may be asked by the
platform/service providers to provide certain personally identifiable information, such as full name,
billing address, email address, phone number and credit card number/expiration date etc. Please note
that you must be the age of 18 or older to make purchases in the Game.
Once End Users have successfully entered valid credit card information and completed the order
process, a purchasing account will be created and maintained for them. The platform/service providers
will use the information provided to process the End User’s order and to send order confirmations via
email, as well as to make future purchases easier for the End User. Hatrabbit does not sell, transfer or
share customer information with third parties, except where applicable the information is transferred,
disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver
certain online activities necessary to operate Hatrabbit’ business (e.g. processing orders and
payments).
Hatrabbit is always looking for ways to improve your experience in the Game. Hatrabbit may at times
solicit additional personally identifiable information to help it to offer new games, products and
services that may be of interest to you.
5. Security
Hatrabbit has taken reasonable steps to ensure that the personally identifiable information it collects is
secure and we have taken reasonable measures to protect the confidentiality, security, and integrity of
the personal information collected from our Game’s End Users. Personal information is stored in
secure operating environments that are not available to the public and that are only accessible to
authorized employees and contractors. We also have security measures in place to protect the loss,
misuse, and alteration of the information under our control. However, there is no such thing as perfect
security. As a result, although we strive to protect personally identifying information, we cannot
ensure or warrant the security of any information transmitted to us through or in connection with the
Game, that we store on our systems or that is stored on our service providers' systems.
Hatrabbit may collect certain information so that we can provide you the Game and offer personalized
features. Hatrabbit may for example retain certain information so that, for example you can return to
prior levels, view prior messages you have sent etc. When you update information, Hatrabbit normally
keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior
version of that information. You understand and acknowledge that, even after removal of any User
Content, copies of User Content may remain viewable in cached and archived pages or if other Users
have copied or stored such User Content.
Please note that Hatrabbit may provide links to other games and websites that are operated and hosted
by third parties who may have their own information collection practices. Those other games and
websites are governed by their own privacy policies, which may be substantially different from
Hatrabbit’ policies. Visitors to other games and websites are encouraged to review the privacy policies
and information collection practices of those websites.
Any improper collection or misuse of User Content or information provided in the Game is a violation
of the Terms of Use and should be reported to Hatrabbit at support@tatrabbit.se.
6. Sharing Your Information with Third Parties
The Game may contain community services. Community services are forums where you may share
information with others End Users, persons in your social networks etc. Hatrabbit allow you to decide
what information you share with other End Users, persons in your social networks etc. in and through
the community services. Our network architecture and your privacy settings allow you to make
informed choices about who has access to your information. We do not provide contact information to
third party marketers without your permission. We share your information with third parties only in
limited circumstances where we believe such sharing is 1) reasonably necessary to offer the Game and
related services, 2) where legally required or, 3) when permitted by you. For example:
● Your news feeds will contain the information you decide to make available to other End
Users, persons in your social networks etc. in accordance with your privacy settings.
● We may provide information to service providers to help us bring you the services we offer in
and related to the Game. Specifically, we may use third parties to facilitate our business, such
as to host the Game at a co-location facility for servers, to send out email updates about the
Game, to remove repetitive information from our user lists, to process payments for products
or services, or to provide search results or links (including sponsored links). In connection
with these offerings and business operations, our service providers may have access to your
personal information for use for a limited time in connection with these business activities.
Where we utilize third parties for the processing of any personal information, we implement
reasonable contractual and technical protections limiting the use of that information to the
Game specified purposes.
● If you, your friends, or members of your social network use any third-party applications
developed using the service platform ("Platform Applications"), those Platform Applications
may access and share certain information about you with others in accordance with your
privacy settings. In addition, third party platform/service providers who have created and
operate Platform Applications ("platform/service providers"), may also have access to your
personal information (excluding your contact information) if you permit Platform Applications
to access your data. Before allowing any platform/service provider to make any Platform
Application available to you, Hatrabbit requires the platform/service provider to enter into an
agreement with it which, among other things, requires them to respect your privacy settings
and strictly limits their collection, use, and storage of your information. However, while we
have undertaken contractual and technical steps to restrict possible misuse of such information
by such platform/service providers, we cannot and do not guarantee that all platform/service
providers will abide by such agreements. Please note that Hatrabbit does not screen or approve
platform/service providers and cannot control how such platform/service providers use any
personal information that they may obtain in connection with Platform Applications. In
addition, platform/service providers may require you to sign up to their own license
agreements/user terms, privacy policies or other policies, which may give them additional
rights or impose additional obligations on you, so please make sure to review such terms and
policies carefully before using any Platform Application. You can report any suspected misuse
of information through the Game and we will investigate any such claim and take appropriate
action against the platform/service providers up to and including terminating their
participation in the Game and/or other formal legal action.
● We may be required to disclose End User information pursuant to legal requests, such as
subpoenas or court orders, or in compliance with applicable laws. We do not reveal
information until we have a good faith belief that an information request by law enforcement
or private litigants etc. meets applicable legal standards. Additionally, we may share account
or other information when we believe it is necessary to comply with applicable laws, to protect
our interests or property, to prevent fraud or other illegal activity perpetrated through the
Game or misuse of the Game name, or to prevent imminent bodily harm etc. This may include
sharing information with other companies, lawyers, agents or government agencies etc.
● We may offer stores or provide services jointly with other companies in the Game. You can
tell when another company is involved in any store or service provided in the Game, and we
may share customer information with that company in connection with your use of such store
or service.
● Like many other online games or websites that interact with third party sites, we may receive
some information even if you are logged out from the Game, or that pertains to non-game
users, from those sites in conjunction with the technical operation of the system. In cases
where Hatrabbit receives information on users that are not logged in, or on non-game users,
we do not attempt to associate it with individual End User accounts and will discard it.
● When you use the Game, certain information you post or share with third parties (e.g., a friend
or someone in your social network), such as personal information, comments, messages,
photos, videos, or other information, may be shared with other End Users in accordance with
the privacy settings you select. All such sharing of information is done at your own risk.
Please keep in mind that if you disclose personal information in your profile or when posting
comments, messages, photos, videos, or other items, this information may become publicly
available.
7. Changing or Removing Account Information
Access and control over most personal information in the Game is readily available through the profile
editing tools on the webpage or the gaming platforms. End Users may modify or delete any or all of
their profile information at any time by logging into their accounts. Information will be updated as
soon as possible. End Users who wish to deactivate their Game account may do so in their accounts on
the webpage or the gaming platforms. Removed information may persist in backup copies for a
reasonable period of time but will not be generally available to other End Users or visitors of the
Game. You cannot however remove communications made in any communication features in the
Game, which might have been shared with other End Users (for example sending personal messages to
another End Users).
8. Changes to our Privacy Policy
This Privacy Policy applies to all information collected by you or provided to us on and after the
Effective Date. This Privacy Policy is subject to change and we may make any changes to this Privacy
Policy as we see fit. Hatrabbit will notify you of material changes by posting them in the Game, or on
the websites etc. You are encouraged to check back and review this Privacy Policy from time to time
so that you will always know what information is collected how it is used and to whom it is disclosed.
Your continued use of the Game subject to this Privacy Policy will signify your acceptance of Privacy
Policy changes.
9. Governing Laws
Hatrabbit will collect and process your personal information in accordance with applicable Swedish
data protection laws and the EU Data Protection Directive (95/46/EC) and any applicable national
legislation and/or regulation implementing or made pursuant to it, or replacing, re-enacting or
consolidating it (including the General Data Protection Regulation 2016/679 and any applicable
national legislation and/or regulation implementing or made pursuant to it).
10. Governing Law, Disputes
Any dispute, controversy or claim arising out of or in connection with this Privacy Policy, or the
breach, termination or invalidity thereof, shall be governed by the law as stated in sections 22-26 of
the Terms of Use and the venue of such dispute resolution shall be as stated in section 22-26 of the
Term of Use.
11. Contact
If you have any questions, complaints or comments regarding our Privacy Policy, please contact
Hatrabbit at:
Hatrabbit AB
Folkungagatan 44
118 26, Stockholm, Sweden
email: support@hatrabbit.se
Last Updated: November 29, 2017