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HYDROFOIL GENERATION END USER LICENSE AGREEMENT (EULA)
1. IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE
SOFTWARE PRODUCT. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND HOOK SRL AND
ITS AFFILIATES ("HOOK" OR COLLECTIVELY WITH ITS LICENSORS, THE “LICENSOR”)) FOR HYDROFOIL
GENERATION, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA,
PRINTED MEDIA, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE
PRODUCT"). BY ACCESSING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE
PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE
TERMS OF THIS EULA, YOU MAY NOT ACCESS, INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE
PRODUCT. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ
THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
TO ENTER INTO THIS EULA, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR
COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS
USING OR ACCESSING THE SOFTWARE PRODUCT, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW
TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF
MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION
TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN
MUST CONSENT TO THIS AGREEMENT.
BY ACCEPTING THIS AGREEMENT, YOU ARE ALSO AGREEING TO HOOK ’S ADDITIONAL POLICIES AND
RULES, INCORPORATED HEREIN BY THIS REFERENCE, INCLUDING BUT NOT LIMITED TO:
Our PRIVACY POLICY and any ancillary or related supplements (e.g., GDPR rights and/or CCPA rights)
which collectively explain, without limitation, what information we collect from you and how we
protect it; and
Our TERMS OF SERVICE which explain the rules for use of our websites and games.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSEAND CLASS ACTION WAIVER. THIS
AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE RESOLUTION OF
DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND
WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL
FOR CERTAIN DISPUTES.
https://www.hookgames.net/privacy-policy/
2. OWNERSHIP
It is hereby understood and agreed that HOOK Srl, a company organized under the laws of Italy, with
offices at Via Tortona, 37 Milan, Italy and/or its licensors (collectively, “Licensor”) is the owner of all
right title and interest to the Software Product, regardless of the media or form of the original
download, whether by the World Wide Web, disk or otherwise. You, as licensee (Licensee) through
your downloading, installing, copying or use of this product do not acquire any ownership rights to
the Software Product.
3. GENERAL
The Software Product is licensed, not sold, to you by HOOK Srl for use only under the terms of this
EULA. The Software Product is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The rights granted herein are limited to HOOK’s
and its licensors' intellectual property rights in the Software Product and do not include any other
patents or intellectual property rights. The terms of this EULA will govern any software upgrades
provided by HOOK that replace and/or supplement the original Software Product, unless such
upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
1. The Software Product package (if any);
2. Any and all contents, components, attachments, software, media, and code with which this
Agreement is provided and delivered via the Web Site;
3. Any and all images, photographs, art, art work, clip art, fonts or other artistic works (the "Art
Work");
4. Related explanatory written materials and instructions, and any other possible documentation
related thereto ("Documentation"); and
5. Upgrades, modified versions, updates, additions and copies of the Software Product (the
"Upgrades"), if any, licensed to by HOOK under this EULA.
5. GRANT OF LICENSE AND RESTRICTIONS
A. HOOK grants you a non-exclusive, non-transferable, non-sublicensable limited right and license to
install and use the Software Product on compatible devices you own or control for your personal
entertainment use . The rights that HOOK grants you under this license are subject to the terms of
this Agreement, and you may only make use of the license if you comply with all applicable terms.
B. Unless provided otherwise in the Documentation or by prior express written consent of HOOK,
you shall not display, modify, reproduce and distribute any Art Work, or portion(s) thereof, included
with or relating to the Software Product, if any. Any such authorized display, modification,
reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your
use, display, modification, reproduction and distribution of the Art Work give you any Intellectual
Property or Proprietary Rights of the Art Work. All rights, title, and interest belong solely to Licensor.
C. You shall not, without HOOK’s express written consent:
1. Copy or reproduce the Software Product;
2. Electronically transfer the Software Product through the world wide web, peer to peer sharing
service, a LAN (local area network) or other network system or "bulletin board" systems; or
3. Modify, adapt, or create derivative works based on the Software Product or any accompanying
materials.
D. In using the Software Product, you agree to behave in a manner which is not detrimental to the
enjoyment of the Software Product by other users as intended by Licensor, in Licensor’s sole
judgment, including but not limited to cheating, harassment, use of abusive or offensive language,
game abandonment, game sabotage, spamming, social engineering, or scamming.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at HOOK 's sole discretion, HOOK may provide you with support services
related to the Software Product ("Support Services"). HOOK reserves the right to alter, suspend, and
terminate the Support Services at any time and for any reason. Use of Support Services is governed
by this EULA and HOOK 's Policies and Guidelines, available for download and viewing on the HOOK
Corporate Web Site.
B. Any supplemental software, code, content, or media provided to you in the course of Support
Services shall be considered part of the Software Product and subject to the terms and conditions of
this EULA.
C. Licensor retains all right, title, and interest in and to the Software Product, and any rights not
granted to you herein are reserved by Licensor. You hereby expressly agree not to extract
information, reverse engineer, disassemble, decompile, or translate the Software Product, or
otherwise attempt to derive the source code of the Software, except to the extent allowed under
any applicable law. In the event that such activities are permitted by applicable law, any information
you, or your authorized agent, discover shall be promptly disclosed to HOOK and shall be deemed
the confidential information of HOOK.
D. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this
EULA, except as expressly provided in this EULA. Any attempt to other sublicense, assign, or transfer
any of the rights, duties, or obligations will be void.
E. The Software Product and software assets licenses hereunder are non-transferable are exclusively
licensed to you.
F. You acknowledge and agree that in the event that you change or modify your profile name
associated with the Software Product while not logged in to the game server, your prior displayed
profile name may continue to be displayed and viewable by others, including other end users, until
such time as you again log in to the Software Product.
G. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LICENSOR.
7. USER-GENERATED CONTENT
A. The Software Product may allow you to create user-generated content, including but not limited
to postings, screenshots, user generated artwork, or other content that can be viewed by others
(“User-Generated Content”). You agree that neither HOOK, nor any first party platform provider, on
which you access and/or use the Software Product, is liable for User-Generated Content that is
provided by others. HOOK has no duty to pre-screen User- Generated Content, but HOOK has the
right to refuse to post, edit, or deliver submitted User- Generated Content. HOOK reserves the right
to remove User-Generated Content for any reason, but HOOK is not responsible for any failure or
delay in removing such material. HOOK reserves the right to block any user’s access to any content,
website or webpage that HOOK provides in our sole discretion.
B. You represent that you have the right to post any User-Generated Content which you post to
and/or in relation to the Software Product, and that such content, or its use by us as contemplated
by this Agreement, does not violate this Agreement, applicable law, or the intellectual property
rights of others. In exchange for use of the Software Product, you hereby grant HOOK and/or the
platform manufacturer upon which you access and/or use the Software Platform, a non-exclusive,
royalty-free, perpetual, irrevocable, fully transferable and sub- licensable worldwide right and
license to use your User-Generated Content including but not limited to the rights to reproduce,
distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast,
transmit, or otherwise communicate to the public in all media now known or hereafter devised, for
any purpose, without any further notice or compensation to you. You hereby waive and relinquish
any claim based upon "moral rights" (as that term is commonly understood) or any rights of
attribution or integrity in connection with content submitted to us hereunder. This license grant, and
the above waiver of any applicable moral rights, survives any termination of this License.
8. VIRTUAL CURRENCY/GOODS; NON-REFUNDABLE TRANSACTIONS
To the extent that the Software Product permits you to earn or purchase certain licenses to use
Virtual Currency and Virtual Goods via gameplay, please note the following applicable terms and
conditions:
A. The Software Product may enable you to the use of virtual (fictional) currency as a means of
exchange solely within the Software Product, otherwise known as “Virtual Currency,” as well as the
ability to obtain access to and/or certain rights to use virtual (fictional) goods within the Software
Product, otherwise known as “Virtual Goods.” “Virtual Currency” and “Virtual Goods” shall hereafter
be collectively referred to as “Virtual Assets.” In certain instances, the Software Product may also
permit the exchange (including bartering) of such Virtual Assets with other players and users of the
Software Product, all subject to the limited license rights set forth by this Agreement. Specifically,
HOOK grants you the nonexclusive, non-transferable, non-sublicensable, limited and revocable right
and license to use Virtual Assets you have acquired through any non-commercial/personal use of
gameplay strictly within the Software Product. Subject only to any differing applicable laws, Virtual
Assets obtained by you are licensed to you, and you hereby acknowledge that you acquire no right
or title to said Virtual Assets being transferred or assigned under this Agreement. This Agreement
should not be construed as a sale of any rights in Virtual Assets.
Virtual Assets do not have an equivalent value in real currency and do not act as a substitute for real
currency. You are restricted from converting Virtual Assets into any unit of value outside of the
Software Product, including any actual currency or actual goods. You acknowledge and agree that
HOOK retains the right to revise or take action that impacts the value (actual or perceived) of or
purchase price for any Virtual Assets at any time except as prohibited by applicable law. Virtual
Assets do not incur fees for non-use; provided, however, that the license granted hereunder to
Virtual Assets will terminate in accordance with the terms and conditions of this Agreement and the
Software Product documentation, when HOOK ceases providing the Software Product, or this
Agreement is otherwise terminated. HOOK, in its sole discretion, reserves the right to charge fees for
the right to access or use Virtual Assets and/or may distribute Virtual Assets with or without charge.
The availability of Virtual Currency is limited to customers in certain territories or areas. You may not
purchase or use Virtual Currency if you are not in an approved location.
B. HOOK may permit you to purchase or earn Virtual Currently upon obtaining certain
accomplishments in the Software Product such as completion of certain in-game activity (e.g.,
attaining a new level, completing a task, or creating user content). Any Virtual Assets obtained in
such manner will be credited to your user account (“User Account”). Additionally, you may purchase
Virtual Assets solely within the Software Product, or via an authorized platform, approved third-
party online stores, application store, or other store approved and authorized by HOOK (collectively,
“Software Store”). The purchase and use of in-game items or currency through a Software Store are
subject to the Software Store’s governing documents, including but not limited to, the Terms of
Service and User Agreement. This online service has been sublicensed to you by the Software Store.
HOOK may offer discounts or promotions on the purchase of Virtual Currency, but HOOK retains
the right to change or discontinue any such discounts and promotions at any time without notice to
you. Upon completing an authorized purchase of Virtual Currency from a Software Store, the
amount of purchased Virtual Currency will be credited to your User Account. HOOK shall establish a
maximum amount you may spend to purchase Virtual Currency per transaction and/or per day,
which may vary depending on the associated Software Product. HOOK , in its sole and exclusive
discretion, as well as impose additional conditions and limitations on the amount of Virtual Currency
you may purchase or use, the use of any Virtual Currency, and the total amount of Virtual Currency
that may be credited to your User Account. You are solely responsible for all Virtual Currency
purchases made through your User Account regardless of whether or not authorized by you.
C. You can access and view your available Virtual Assets balance in your User Account when logged
into your User Account. HOOK reserves the right, in its sole and exclusive discretion, to make all
calculations regarding the available Virtual Assets in your User Account. HOOK further reserves the
right, in its sole and exclusive discretion, to determine the amount of and manner in which Virtual
Currency is credited and debited from your User Account in connection with your purchase of Virtual
Goods or for other purposes. While HOOK strives to make all such calculations on a consistent and
reasonable basis, you hereby acknowledge and agree that HOOK ’s determination of the available
Virtual Assets in your User Account is final, unless you can provide documentation to HOOK that
such calculation was or is intentionally incorrect.
D. Virtual Assets may only be used within the Software Product, and HOOK , in its sole and exclusive
discretion, may limit use of Virtual Assets to only one game. You acknowledge that the authorized
user of any Virtual Assets may be changed at any time. The amount of Virtual Assets available in
your User Account may be reduced in accordance with your use of Virtual Assets within the Software
Product. The use of any Virtual Assets constitutes a demand against and withdrawal from your
available Virtual Assets in your User Account. You must have sufficient available Virtual Assets in
your User Account in order to complete a transaction within the Software Products. Virtual Assets in
your User Account may be reduced without notice upon the occurrence of certain events related to
your use of the Software. You are responsible for all uses of Virtual Assets made through your User
Account, regardless of whether or not authorized by you. You must contact HOOK promptly upon
the discovery of any unauthorized use of your Virtual Assets through your User Account.
E. Under no circumstance may you sell, lease, license, or rent Virtual Assets to any user or third party
of the Software Product. Virtual Assets may only be redeemed for in-game goods or services and are
not redeemable for any sum of money or monetary value or other goods or games from HOOK or
any other person or entity at any time, except as expressly provided herein or otherwise required by
applicable law. Virtual Assets have no cash value, and neither HOOK nor any other person or entity
has any obligation to exchange your Virtual Assets for anything of value, including, but not limited
to, real currency. All purchases of Virtual Assets are final and under no circumstances will such
purchases be refundable, transferable, or exchangeable. Any transferring, trading, selling, or
exchanging of any Virtual Assets to anyone, other than in gameplay using the Software as expressly
authorized by HOOK (“Unauthorized Transactions”), including, but not limited to, among other users
of the Software, is not sanctioned by HOOK and is strictly forbidden. HOOK reserves the right, in its
sole discretion, to terminate, suspend, or modify your User Account and your Virtual Assets and
terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All
users who participate in such activities do so at their own risk and hereby agree to indemnify and
hold harmless HOOK , its partners, licensors, affiliates, contractors, officers, directors, employees,
and agents from all damages, losses and expenses arising directly or indirectly from such actions.
You acknowledge that HOOK may request that the applicable Software Store stop, suspend,
terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such
Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud,
violations of this Agreement, violations of any applicable law or regulation, or any intentional act
designed to interfere or that otherwise has the effect of or may have the effect of intervening in any
way with the operation of the Software. If HOOK believes or has any reason to suspect that you
have engaged in an Unauthorized Transaction, you further agree that HOOK may, in its sole
discretion, restrict your access to your available Virtual Assets in your User Account or terminate or
suspend your User Account and your rights to any Virtual Assets and other items associated with
your User Account.
F. Except to the extent required by law, all payments and fees (whether for Virtual Assets or
otherwise) are non-refundable under all circumstances, regardless of whether or not this Agreement
has been terminated.
9. TERM
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the
Software Product with all copies, full or partial, and removing all of its component parties.
B. Your rights under this EULA will terminate automatically without notice from HOOK if you fail to
comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by
HOOK to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all
copies, full or partial, together with all backup copies, modifications, printed or written materials,
and merged portions in any form and remove all component parts of the Software Product.
10. INTELLECTUAL PROPERTY RIGHTS
A. Licensor shall retain all right, title, and interest in the Software Product and to any modifications
or improvements made thereto, and any upgrades, updates or Documentation provided to End-
User. End-User will not obtain any rights in the Software Product, its updates, upgrades, and
Documentation, as a result of its responsibilities hereunder.
B. End-User acknowledges Licensor's exclusive rights in the Software Product and that the Software
Product is unique and original to Licensor and that Licensor is owner thereof. Unless otherwise
permitted by law, End-User shall not, at any time during or after the effective Term of the
Agreement, dispute or contest, directly or indirectly, Licensor's exclusive right and title to the
Software Product or the validity thereof.
C. End-User shall not attempt to develop any Software Product that contains the "look and feel" of
any of the Software Product.
11. U.S. GOVERNMENT END USERS
The Software Product and related documentation are "Commercial Items," as that term is defined at
48 C.F.R. ' 2.101, consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. ' 12.212 or 48 C.F.R. ' 227.7202-1
through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer
Software Documentation are being licensed to U.S. Government end users (a) only as Commercial
Items and (b) with only those rights as are granted to all other end users pursuant to the terms and
conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the Software Product except as authorized by
United States law and the laws of the jurisdiction in which the Software Product was obtained. In
particular, but without limitation, the Software Product may not be exported or re-exported (a) into
(or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied
Person's List or Entity List. By installing or using any component of the Software Product, you
represent and warrant that you are not located in, under control of, or a national or resident of any
such country or on any such list.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS 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
SOFTWARE PRODUCT IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND, AND HOOK , LICENSOR, THE DEVELOPER OF THE SOFTWARE PRODUCT AND THEIR AFFILIATES
(COLLECTIVELY REFERRED TO AS THE "HOOK PARTIES" FOR THE PURPOSES OF SECTIONS 12 AND 14)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT,
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. THE HOOK PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY HOOK PARTY OR A
HOOK AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE
PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION
AND LIMITATIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION
You agree to indemnify, pay the defense costs of, and hold harmless Licensor, the developer of the
Software Product and their respective employees, officers, directors, agents, contractors, and other
representatives (the “Indemnified Parties”) from all claims, demands, actions, losses, liabilities, and
expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in
connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or
negligence by you, (b) any act or omission by you in using the Software Product, or (c) any claim of
infringement or violation of any third-party intellectual-property rights arising from Licensor’s use of
your User-Generated Content. You agree to reimburse the Indemnified Parties on demand for any
defense costs incurred by them and any payments made or loss suffered by them, whether in a
court judgment or settlement, based on any matter covered by this section. Because some states
and jurisdictions do not allow you to indemnify the Indemnified Parties, the above limitation may
not apply to you.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HOOK
PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HOOK HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN ANY CASE, THE HOOK PARTIES' ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
PRODUCT; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT,
THE HOOK PARTIES' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE
TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16. CONTROLLING LAW, ADR AND SEVERABILITY
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THEY
AFFECT EACH PARTY’S RIGHTS CONCERNING THE RESOLUTION OF ANY “DISPUTE” (DEFINED BELOW)
BETWEEN THE PARTIES:
(a) Informal Negotiations. To expedite resolution and the cost of any dispute, controversy or claim
between you and HOOK related to any dispute or controversy arising from or relating to this
Agreement or the enforcement of any provision of this Agreement (a “Dispute”), you and HOOK
agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below)
informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such
informal negotiations will commence upon receipt of a written notice (in each case, a “Notice”).
Your address for such Notices is your billing address, with an email copy to the email address you
have provided to HOOK . HOOK ’s address for such notices is: HOOK Srl, Attention: Legal, Via
Tortona, 37, Milan Italy or by email to help@hookgames.net. Any Notice from you must include your
name, pertinent account information, a brief description of the Dispute, and your contact
information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute.
Any Notice from HOOK must include pertinent account information, a brief description of the
Dispute, and HOOK ’s contact information, so that you may evaluate the Dispute and attempt to
informally resolve the Dispute. If the informal negotiations are successful, no further action is
necessary
(b) Mandatory Binding Arbitration and Class Action/Jury Trial Waiver. IF YOU AND HOOK ARE
UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, YOU AND HOOK AGREE
THAT EITHER YOU OR HOOK MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES
EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION.
ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU
UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT
TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under
the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators
appointed in accordance with the said Rules. The language of the ADR and arbitration shall be
English. A copy of said Rules may be found on the ICC website https://iccwbo.org/dispute-
resolution-services/. In the U.S., the determination of whether a Dispute is subject to arbitration
shall be governed by the Federal Arbitration Act and determined by a court rather than an
arbitrator. Your arbitration fees and your share or arbitrator compensation will be governed by the
ICC Rules. If such costs are determined by the arbitrator to be excessive, HOOK will pay all
arbitration fees and expenses. Unless otherwise precluded by the Rules, the arbitration may be
conducted in person, through the submission of documents, by phone or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons unless requested by a party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to
do so. Except as otherwise provided in this Agreement, you and HOOK may litigate in court to
compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter
judgment on the award entered by the arbitrator.
(c) Exceptions to Alternative Dispute Resolution. You and HOOK agree that the following Disputes
are not subject to the above provisions concerning information negotiations and binding arbitration:
(1) any suit to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate
or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive
relief that will remain in place only until an arbitrator can determine whether the relief should be
continued, modified or removed, or (3) any claim related to actual or threatened infringement,
misappropriation or violation of a Party’s copyrights, trademarks, trade secrets, patents or other
intellectual property rights.
(d) Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative
Proceeding. You and HOOK agree that any arbitration will be limited to the Dispute between HOOK
and you individually. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE
JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE
ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE
IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE
CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
(e) Location of Arbitration. Subject to anything to the contrary as set forth in sub-section (b) above,
the Arbitration will take place in Paris, France. You and HOOK agree that for any Dispute not subject
to arbitration (other than claims proceeding in any small claims court), or where no election to
arbitrate has been made, this EULA will be governed by and construed in accordance with the
UNIDROIT “Principles of International Commercial Contracts” and any such dispute shall be finally
settled under the Rules of Arbitration of the International Chamber of Commerce by three
arbitrators appointed in accordance with the said Rules of Arbitration. The seat of the arbitration
court shall be in Paris, and the language of the ADR and arbitration shall be English.
(f) Right to Opt Out of Arbitration and Class Action/Jury Trial Waiver. You may opt out of the
foregoing arbitration and class action/jury trial waiver provision of this Agreement by NOTIFYING
HOOK IN WRITING WITHIN 30 DAYS OF THE DATE YOUR FIRST REGISTERED FOR THE APP OR 30
DAYS FROM THE DATE THESE TERMS OF SERVICE WERE LAST UPDATED. To opt out, you must send a
written notification to HOOK Srl, Attention: Legal, Via Tortona, 37, Milan Italy that includes (i) your
user identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email
address and (vi) a clear statement indicating that you do not wish to resolve claims through
arbitration and demonstrating compliance with the 30-day time limit to opt out of the above
arbitration and class action/jury trial waiver sections.
Notwithstanding any provision herein to the contrary, you and HOOK agree that if HOOK makes an
future amendments to the dispute resolution procedure and class action waiver provisions in this
EULA, you may reject any such amendment by sending a written letter to HOOK within thirty (30)
days of the change. By rejecting any future amendment, you are agreeing that you will arbitrate any
dispute, controversy or claim between us in accordance with the language of this Section 16.
If any provision of this Section 16 is unenforceable, such provision will be changed and interpreted
to accomplish the objectives of such provision to the greatest extent possible under applicable law
and the remaining provisions will continue in full force and effect.
17. ANALYTICS
HOOK Srl does use third party tracking technology to collect information through HOOK Srl products,
in part, to track results, which may include without limitation, Telemetry Data.
These third parties may collect such information as your anonymous user ID, some hardware details,
the country you are playing in along with in-game location and crafted items.
For clarity, "Telemetry Data" as used herein includes quantitative and qualitative data, error logs and
tables about your devices, hosts, services, and related pages accessed by users.
This information is gathered to enable HOOK Srl to update and improve the gameplay experience.
Notwithstanding any other terms in this Agreement, you hereby consent and grant HOOK Srl a
license to collect and use Telemetry Data generated by your use of the Software Product, subject to
HOOK Srl’s Privacy Policy.
18. OTHER PLATFORMS
YOU ACKNOWLEGE AND AGREE THAT YOU MUST ALSO ACCEPT AND COMPLY WITH ALL RULES OF
EXTERNAL PLATFORMS APPLICABLE TO SPECIFIC GAME, INCLUDING BUT NOT LIMITED TO, THE
GAME AND SERVICE RULES OF SONY (SIEA AND/OR SIEE), MICROSOFT, APPLE/IOS, GOOGLE AND
VALVE. ANY BREACH OF ANY RULES OF THE EXTERNAL PLATFORMS SHALL ALSO BE REGARDED AS A
FUNDAMENTAL BREACH OF THE TERMS OF SERVICE BY YOU. YOU UNDERSTAND AND AGREE THAT
IN CERTAIN IINSTANCES, SUCH EXTERNAL PLATFORMS MAY BE EXCLUDED FROM CERTAIN LIABILITY
FROM YOUR USE OF THE SOFTWARE PRODUCTS AND IN SOME INSTANCES SUCH EXTERNAL
PLATFORMS MAY BE THEIR PARTY BENEFICIARIES OF THIS AGREEMENT.
If you have any questions regarding this EULA, or any supplemental terms, including but not limited
to accessing the rules of any external platforms, please contact us.
19. AMENDMENTS TO THIS EULA
HOOK may issue an amended EULA at any time in its discretion by posting the amended EULA on its
website or by providing you with digital access to the amended EULA through the Software Product
or other means. If any amendment to this EULA is not acceptable to you, you may terminate this
EULA in accordance with Section 8 before such amended EULA becomes effective, upon which you
must stop using the Software Product. By using the Software Product after the amended EULA
becomes effective or otherwise indicating your acceptance of the amended EULA, you are agreeing
to be bound by the terms of the amended EULA.
1. IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE
SOFTWARE PRODUCT. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND HOOK SRL AND
ITS AFFILIATES ("HOOK" OR COLLECTIVELY WITH ITS LICENSORS, THE “LICENSOR”)) FOR HYDROFOIL
GENERATION, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA,
PRINTED MEDIA, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE
PRODUCT"). BY ACCESSING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE
PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE
TERMS OF THIS EULA, YOU MAY NOT ACCESS, INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE
PRODUCT. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ
THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
TO ENTER INTO THIS EULA, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR
COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS
USING OR ACCESSING THE SOFTWARE PRODUCT, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW
TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF
MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION
TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN
MUST CONSENT TO THIS AGREEMENT.
BY ACCEPTING THIS AGREEMENT, YOU ARE ALSO AGREEING TO HOOK ’S ADDITIONAL POLICIES AND
RULES, INCORPORATED HEREIN BY THIS REFERENCE, INCLUDING BUT NOT LIMITED TO:
Our PRIVACY POLICY and any ancillary or related supplements (e.g., GDPR rights and/or CCPA rights)
which collectively explain, without limitation, what information we collect from you and how we
protect it; and
Our TERMS OF SERVICE which explain the rules for use of our websites and games.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSEAND CLASS ACTION WAIVER. THIS
AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE RESOLUTION OF
DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND
WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL
FOR CERTAIN DISPUTES.
https://www.hookgames.net/privacy-policy/
2. OWNERSHIP
It is hereby understood and agreed that HOOK Srl, a company organized under the laws of Italy, with
offices at Via Tortona, 37 Milan, Italy and/or its licensors (collectively, “Licensor”) is the owner of all
right title and interest to the Software Product, regardless of the media or form of the original
download, whether by the World Wide Web, disk or otherwise. You, as licensee (Licensee) through
your downloading, installing, copying or use of this product do not acquire any ownership rights to
the Software Product.
3. GENERAL
The Software Product is licensed, not sold, to you by HOOK Srl for use only under the terms of this
EULA. The Software Product is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The rights granted herein are limited to HOOK’s
and its licensors' intellectual property rights in the Software Product and do not include any other
patents or intellectual property rights. The terms of this EULA will govern any software upgrades
provided by HOOK that replace and/or supplement the original Software Product, unless such
upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
1. The Software Product package (if any);
2. Any and all contents, components, attachments, software, media, and code with which this
Agreement is provided and delivered via the Web Site;
3. Any and all images, photographs, art, art work, clip art, fonts or other artistic works (the "Art
Work");
4. Related explanatory written materials and instructions, and any other possible documentation
related thereto ("Documentation"); and
5. Upgrades, modified versions, updates, additions and copies of the Software Product (the
"Upgrades"), if any, licensed to by HOOK under this EULA.
5. GRANT OF LICENSE AND RESTRICTIONS
A. HOOK grants you a non-exclusive, non-transferable, non-sublicensable limited right and license to
install and use the Software Product on compatible devices you own or control for your personal
entertainment use . The rights that HOOK grants you under this license are subject to the terms of
this Agreement, and you may only make use of the license if you comply with all applicable terms.
B. Unless provided otherwise in the Documentation or by prior express written consent of HOOK,
you shall not display, modify, reproduce and distribute any Art Work, or portion(s) thereof, included
with or relating to the Software Product, if any. Any such authorized display, modification,
reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your
use, display, modification, reproduction and distribution of the Art Work give you any Intellectual
Property or Proprietary Rights of the Art Work. All rights, title, and interest belong solely to Licensor.
C. You shall not, without HOOK’s express written consent:
1. Copy or reproduce the Software Product;
2. Electronically transfer the Software Product through the world wide web, peer to peer sharing
service, a LAN (local area network) or other network system or "bulletin board" systems; or
3. Modify, adapt, or create derivative works based on the Software Product or any accompanying
materials.
D. In using the Software Product, you agree to behave in a manner which is not detrimental to the
enjoyment of the Software Product by other users as intended by Licensor, in Licensor’s sole
judgment, including but not limited to cheating, harassment, use of abusive or offensive language,
game abandonment, game sabotage, spamming, social engineering, or scamming.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at HOOK 's sole discretion, HOOK may provide you with support services
related to the Software Product ("Support Services"). HOOK reserves the right to alter, suspend, and
terminate the Support Services at any time and for any reason. Use of Support Services is governed
by this EULA and HOOK 's Policies and Guidelines, available for download and viewing on the HOOK
Corporate Web Site.
B. Any supplemental software, code, content, or media provided to you in the course of Support
Services shall be considered part of the Software Product and subject to the terms and conditions of
this EULA.
C. Licensor retains all right, title, and interest in and to the Software Product, and any rights not
granted to you herein are reserved by Licensor. You hereby expressly agree not to extract
information, reverse engineer, disassemble, decompile, or translate the Software Product, or
otherwise attempt to derive the source code of the Software, except to the extent allowed under
any applicable law. In the event that such activities are permitted by applicable law, any information
you, or your authorized agent, discover shall be promptly disclosed to HOOK and shall be deemed
the confidential information of HOOK.
D. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this
EULA, except as expressly provided in this EULA. Any attempt to other sublicense, assign, or transfer
any of the rights, duties, or obligations will be void.
E. The Software Product and software assets licenses hereunder are non-transferable are exclusively
licensed to you.
F. You acknowledge and agree that in the event that you change or modify your profile name
associated with the Software Product while not logged in to the game server, your prior displayed
profile name may continue to be displayed and viewable by others, including other end users, until
such time as you again log in to the Software Product.
G. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LICENSOR.
7. USER-GENERATED CONTENT
A. The Software Product may allow you to create user-generated content, including but not limited
to postings, screenshots, user generated artwork, or other content that can be viewed by others
(“User-Generated Content”). You agree that neither HOOK, nor any first party platform provider, on
which you access and/or use the Software Product, is liable for User-Generated Content that is
provided by others. HOOK has no duty to pre-screen User- Generated Content, but HOOK has the
right to refuse to post, edit, or deliver submitted User- Generated Content. HOOK reserves the right
to remove User-Generated Content for any reason, but HOOK is not responsible for any failure or
delay in removing such material. HOOK reserves the right to block any user’s access to any content,
website or webpage that HOOK provides in our sole discretion.
B. You represent that you have the right to post any User-Generated Content which you post to
and/or in relation to the Software Product, and that such content, or its use by us as contemplated
by this Agreement, does not violate this Agreement, applicable law, or the intellectual property
rights of others. In exchange for use of the Software Product, you hereby grant HOOK and/or the
platform manufacturer upon which you access and/or use the Software Platform, a non-exclusive,
royalty-free, perpetual, irrevocable, fully transferable and sub- licensable worldwide right and
license to use your User-Generated Content including but not limited to the rights to reproduce,
distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast,
transmit, or otherwise communicate to the public in all media now known or hereafter devised, for
any purpose, without any further notice or compensation to you. You hereby waive and relinquish
any claim based upon "moral rights" (as that term is commonly understood) or any rights of
attribution or integrity in connection with content submitted to us hereunder. This license grant, and
the above waiver of any applicable moral rights, survives any termination of this License.
8. VIRTUAL CURRENCY/GOODS; NON-REFUNDABLE TRANSACTIONS
To the extent that the Software Product permits you to earn or purchase certain licenses to use
Virtual Currency and Virtual Goods via gameplay, please note the following applicable terms and
conditions:
A. The Software Product may enable you to the use of virtual (fictional) currency as a means of
exchange solely within the Software Product, otherwise known as “Virtual Currency,” as well as the
ability to obtain access to and/or certain rights to use virtual (fictional) goods within the Software
Product, otherwise known as “Virtual Goods.” “Virtual Currency” and “Virtual Goods” shall hereafter
be collectively referred to as “Virtual Assets.” In certain instances, the Software Product may also
permit the exchange (including bartering) of such Virtual Assets with other players and users of the
Software Product, all subject to the limited license rights set forth by this Agreement. Specifically,
HOOK grants you the nonexclusive, non-transferable, non-sublicensable, limited and revocable right
and license to use Virtual Assets you have acquired through any non-commercial/personal use of
gameplay strictly within the Software Product. Subject only to any differing applicable laws, Virtual
Assets obtained by you are licensed to you, and you hereby acknowledge that you acquire no right
or title to said Virtual Assets being transferred or assigned under this Agreement. This Agreement
should not be construed as a sale of any rights in Virtual Assets.
Virtual Assets do not have an equivalent value in real currency and do not act as a substitute for real
currency. You are restricted from converting Virtual Assets into any unit of value outside of the
Software Product, including any actual currency or actual goods. You acknowledge and agree that
HOOK retains the right to revise or take action that impacts the value (actual or perceived) of or
purchase price for any Virtual Assets at any time except as prohibited by applicable law. Virtual
Assets do not incur fees for non-use; provided, however, that the license granted hereunder to
Virtual Assets will terminate in accordance with the terms and conditions of this Agreement and the
Software Product documentation, when HOOK ceases providing the Software Product, or this
Agreement is otherwise terminated. HOOK, in its sole discretion, reserves the right to charge fees for
the right to access or use Virtual Assets and/or may distribute Virtual Assets with or without charge.
The availability of Virtual Currency is limited to customers in certain territories or areas. You may not
purchase or use Virtual Currency if you are not in an approved location.
B. HOOK may permit you to purchase or earn Virtual Currently upon obtaining certain
accomplishments in the Software Product such as completion of certain in-game activity (e.g.,
attaining a new level, completing a task, or creating user content). Any Virtual Assets obtained in
such manner will be credited to your user account (“User Account”). Additionally, you may purchase
Virtual Assets solely within the Software Product, or via an authorized platform, approved third-
party online stores, application store, or other store approved and authorized by HOOK (collectively,
“Software Store”). The purchase and use of in-game items or currency through a Software Store are
subject to the Software Store’s governing documents, including but not limited to, the Terms of
Service and User Agreement. This online service has been sublicensed to you by the Software Store.
HOOK may offer discounts or promotions on the purchase of Virtual Currency, but HOOK retains
the right to change or discontinue any such discounts and promotions at any time without notice to
you. Upon completing an authorized purchase of Virtual Currency from a Software Store, the
amount of purchased Virtual Currency will be credited to your User Account. HOOK shall establish a
maximum amount you may spend to purchase Virtual Currency per transaction and/or per day,
which may vary depending on the associated Software Product. HOOK , in its sole and exclusive
discretion, as well as impose additional conditions and limitations on the amount of Virtual Currency
you may purchase or use, the use of any Virtual Currency, and the total amount of Virtual Currency
that may be credited to your User Account. You are solely responsible for all Virtual Currency
purchases made through your User Account regardless of whether or not authorized by you.
C. You can access and view your available Virtual Assets balance in your User Account when logged
into your User Account. HOOK reserves the right, in its sole and exclusive discretion, to make all
calculations regarding the available Virtual Assets in your User Account. HOOK further reserves the
right, in its sole and exclusive discretion, to determine the amount of and manner in which Virtual
Currency is credited and debited from your User Account in connection with your purchase of Virtual
Goods or for other purposes. While HOOK strives to make all such calculations on a consistent and
reasonable basis, you hereby acknowledge and agree that HOOK ’s determination of the available
Virtual Assets in your User Account is final, unless you can provide documentation to HOOK that
such calculation was or is intentionally incorrect.
D. Virtual Assets may only be used within the Software Product, and HOOK , in its sole and exclusive
discretion, may limit use of Virtual Assets to only one game. You acknowledge that the authorized
user of any Virtual Assets may be changed at any time. The amount of Virtual Assets available in
your User Account may be reduced in accordance with your use of Virtual Assets within the Software
Product. The use of any Virtual Assets constitutes a demand against and withdrawal from your
available Virtual Assets in your User Account. You must have sufficient available Virtual Assets in
your User Account in order to complete a transaction within the Software Products. Virtual Assets in
your User Account may be reduced without notice upon the occurrence of certain events related to
your use of the Software. You are responsible for all uses of Virtual Assets made through your User
Account, regardless of whether or not authorized by you. You must contact HOOK promptly upon
the discovery of any unauthorized use of your Virtual Assets through your User Account.
E. Under no circumstance may you sell, lease, license, or rent Virtual Assets to any user or third party
of the Software Product. Virtual Assets may only be redeemed for in-game goods or services and are
not redeemable for any sum of money or monetary value or other goods or games from HOOK or
any other person or entity at any time, except as expressly provided herein or otherwise required by
applicable law. Virtual Assets have no cash value, and neither HOOK nor any other person or entity
has any obligation to exchange your Virtual Assets for anything of value, including, but not limited
to, real currency. All purchases of Virtual Assets are final and under no circumstances will such
purchases be refundable, transferable, or exchangeable. Any transferring, trading, selling, or
exchanging of any Virtual Assets to anyone, other than in gameplay using the Software as expressly
authorized by HOOK (“Unauthorized Transactions”), including, but not limited to, among other users
of the Software, is not sanctioned by HOOK and is strictly forbidden. HOOK reserves the right, in its
sole discretion, to terminate, suspend, or modify your User Account and your Virtual Assets and
terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All
users who participate in such activities do so at their own risk and hereby agree to indemnify and
hold harmless HOOK , its partners, licensors, affiliates, contractors, officers, directors, employees,
and agents from all damages, losses and expenses arising directly or indirectly from such actions.
You acknowledge that HOOK may request that the applicable Software Store stop, suspend,
terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such
Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud,
violations of this Agreement, violations of any applicable law or regulation, or any intentional act
designed to interfere or that otherwise has the effect of or may have the effect of intervening in any
way with the operation of the Software. If HOOK believes or has any reason to suspect that you
have engaged in an Unauthorized Transaction, you further agree that HOOK may, in its sole
discretion, restrict your access to your available Virtual Assets in your User Account or terminate or
suspend your User Account and your rights to any Virtual Assets and other items associated with
your User Account.
F. Except to the extent required by law, all payments and fees (whether for Virtual Assets or
otherwise) are non-refundable under all circumstances, regardless of whether or not this Agreement
has been terminated.
9. TERM
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the
Software Product with all copies, full or partial, and removing all of its component parties.
B. Your rights under this EULA will terminate automatically without notice from HOOK if you fail to
comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by
HOOK to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all
copies, full or partial, together with all backup copies, modifications, printed or written materials,
and merged portions in any form and remove all component parts of the Software Product.
10. INTELLECTUAL PROPERTY RIGHTS
A. Licensor shall retain all right, title, and interest in the Software Product and to any modifications
or improvements made thereto, and any upgrades, updates or Documentation provided to End-
User. End-User will not obtain any rights in the Software Product, its updates, upgrades, and
Documentation, as a result of its responsibilities hereunder.
B. End-User acknowledges Licensor's exclusive rights in the Software Product and that the Software
Product is unique and original to Licensor and that Licensor is owner thereof. Unless otherwise
permitted by law, End-User shall not, at any time during or after the effective Term of the
Agreement, dispute or contest, directly or indirectly, Licensor's exclusive right and title to the
Software Product or the validity thereof.
C. End-User shall not attempt to develop any Software Product that contains the "look and feel" of
any of the Software Product.
11. U.S. GOVERNMENT END USERS
The Software Product and related documentation are "Commercial Items," as that term is defined at
48 C.F.R. ' 2.101, consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. ' 12.212 or 48 C.F.R. ' 227.7202-1
through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer
Software Documentation are being licensed to U.S. Government end users (a) only as Commercial
Items and (b) with only those rights as are granted to all other end users pursuant to the terms and
conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the Software Product except as authorized by
United States law and the laws of the jurisdiction in which the Software Product was obtained. In
particular, but without limitation, the Software Product may not be exported or re-exported (a) into
(or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied
Person's List or Entity List. By installing or using any component of the Software Product, you
represent and warrant that you are not located in, under control of, or a national or resident of any
such country or on any such list.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS 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
SOFTWARE PRODUCT IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND, AND HOOK , LICENSOR, THE DEVELOPER OF THE SOFTWARE PRODUCT AND THEIR AFFILIATES
(COLLECTIVELY REFERRED TO AS THE "HOOK PARTIES" FOR THE PURPOSES OF SECTIONS 12 AND 14)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT,
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. THE HOOK PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY HOOK PARTY OR A
HOOK AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE
PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION
AND LIMITATIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION
You agree to indemnify, pay the defense costs of, and hold harmless Licensor, the developer of the
Software Product and their respective employees, officers, directors, agents, contractors, and other
representatives (the “Indemnified Parties”) from all claims, demands, actions, losses, liabilities, and
expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in
connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or
negligence by you, (b) any act or omission by you in using the Software Product, or (c) any claim of
infringement or violation of any third-party intellectual-property rights arising from Licensor’s use of
your User-Generated Content. You agree to reimburse the Indemnified Parties on demand for any
defense costs incurred by them and any payments made or loss suffered by them, whether in a
court judgment or settlement, based on any matter covered by this section. Because some states
and jurisdictions do not allow you to indemnify the Indemnified Parties, the above limitation may
not apply to you.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HOOK
PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HOOK HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN ANY CASE, THE HOOK PARTIES' ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
PRODUCT; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT,
THE HOOK PARTIES' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE
TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16. CONTROLLING LAW, ADR AND SEVERABILITY
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THEY
AFFECT EACH PARTY’S RIGHTS CONCERNING THE RESOLUTION OF ANY “DISPUTE” (DEFINED BELOW)
BETWEEN THE PARTIES:
(a) Informal Negotiations. To expedite resolution and the cost of any dispute, controversy or claim
between you and HOOK related to any dispute or controversy arising from or relating to this
Agreement or the enforcement of any provision of this Agreement (a “Dispute”), you and HOOK
agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below)
informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such
informal negotiations will commence upon receipt of a written notice (in each case, a “Notice”).
Your address for such Notices is your billing address, with an email copy to the email address you
have provided to HOOK . HOOK ’s address for such notices is: HOOK Srl, Attention: Legal, Via
Tortona, 37, Milan Italy or by email to help@hookgames.net. Any Notice from you must include your
name, pertinent account information, a brief description of the Dispute, and your contact
information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute.
Any Notice from HOOK must include pertinent account information, a brief description of the
Dispute, and HOOK ’s contact information, so that you may evaluate the Dispute and attempt to
informally resolve the Dispute. If the informal negotiations are successful, no further action is
necessary
(b) Mandatory Binding Arbitration and Class Action/Jury Trial Waiver. IF YOU AND HOOK ARE
UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, YOU AND HOOK AGREE
THAT EITHER YOU OR HOOK MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES
EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION.
ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU
UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT
TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under
the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators
appointed in accordance with the said Rules. The language of the ADR and arbitration shall be
English. A copy of said Rules may be found on the ICC website https://iccwbo.org/dispute-
resolution-services/. In the U.S., the determination of whether a Dispute is subject to arbitration
shall be governed by the Federal Arbitration Act and determined by a court rather than an
arbitrator. Your arbitration fees and your share or arbitrator compensation will be governed by the
ICC Rules. If such costs are determined by the arbitrator to be excessive, HOOK will pay all
arbitration fees and expenses. Unless otherwise precluded by the Rules, the arbitration may be
conducted in person, through the submission of documents, by phone or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons unless requested by a party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to
do so. Except as otherwise provided in this Agreement, you and HOOK may litigate in court to
compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter
judgment on the award entered by the arbitrator.
(c) Exceptions to Alternative Dispute Resolution. You and HOOK agree that the following Disputes
are not subject to the above provisions concerning information negotiations and binding arbitration:
(1) any suit to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate
or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive
relief that will remain in place only until an arbitrator can determine whether the relief should be
continued, modified or removed, or (3) any claim related to actual or threatened infringement,
misappropriation or violation of a Party’s copyrights, trademarks, trade secrets, patents or other
intellectual property rights.
(d) Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative
Proceeding. You and HOOK agree that any arbitration will be limited to the Dispute between HOOK
and you individually. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE
JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE
ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE
IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE
CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
(e) Location of Arbitration. Subject to anything to the contrary as set forth in sub-section (b) above,
the Arbitration will take place in Paris, France. You and HOOK agree that for any Dispute not subject
to arbitration (other than claims proceeding in any small claims court), or where no election to
arbitrate has been made, this EULA will be governed by and construed in accordance with the
UNIDROIT “Principles of International Commercial Contracts” and any such dispute shall be finally
settled under the Rules of Arbitration of the International Chamber of Commerce by three
arbitrators appointed in accordance with the said Rules of Arbitration. The seat of the arbitration
court shall be in Paris, and the language of the ADR and arbitration shall be English.
(f) Right to Opt Out of Arbitration and Class Action/Jury Trial Waiver. You may opt out of the
foregoing arbitration and class action/jury trial waiver provision of this Agreement by NOTIFYING
HOOK IN WRITING WITHIN 30 DAYS OF THE DATE YOUR FIRST REGISTERED FOR THE APP OR 30
DAYS FROM THE DATE THESE TERMS OF SERVICE WERE LAST UPDATED. To opt out, you must send a
written notification to HOOK Srl, Attention: Legal, Via Tortona, 37, Milan Italy that includes (i) your
user identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email
address and (vi) a clear statement indicating that you do not wish to resolve claims through
arbitration and demonstrating compliance with the 30-day time limit to opt out of the above
arbitration and class action/jury trial waiver sections.
Notwithstanding any provision herein to the contrary, you and HOOK agree that if HOOK makes an
future amendments to the dispute resolution procedure and class action waiver provisions in this
EULA, you may reject any such amendment by sending a written letter to HOOK within thirty (30)
days of the change. By rejecting any future amendment, you are agreeing that you will arbitrate any
dispute, controversy or claim between us in accordance with the language of this Section 16.
If any provision of this Section 16 is unenforceable, such provision will be changed and interpreted
to accomplish the objectives of such provision to the greatest extent possible under applicable law
and the remaining provisions will continue in full force and effect.
17. ANALYTICS
HOOK Srl does use third party tracking technology to collect information through HOOK Srl products,
in part, to track results, which may include without limitation, Telemetry Data.
These third parties may collect such information as your anonymous user ID, some hardware details,
the country you are playing in along with in-game location and crafted items.
For clarity, "Telemetry Data" as used herein includes quantitative and qualitative data, error logs and
tables about your devices, hosts, services, and related pages accessed by users.
This information is gathered to enable HOOK Srl to update and improve the gameplay experience.
Notwithstanding any other terms in this Agreement, you hereby consent and grant HOOK Srl a
license to collect and use Telemetry Data generated by your use of the Software Product, subject to
HOOK Srl’s Privacy Policy.
18. OTHER PLATFORMS
YOU ACKNOWLEGE AND AGREE THAT YOU MUST ALSO ACCEPT AND COMPLY WITH ALL RULES OF
EXTERNAL PLATFORMS APPLICABLE TO SPECIFIC GAME, INCLUDING BUT NOT LIMITED TO, THE
GAME AND SERVICE RULES OF SONY (SIEA AND/OR SIEE), MICROSOFT, APPLE/IOS, GOOGLE AND
VALVE. ANY BREACH OF ANY RULES OF THE EXTERNAL PLATFORMS SHALL ALSO BE REGARDED AS A
FUNDAMENTAL BREACH OF THE TERMS OF SERVICE BY YOU. YOU UNDERSTAND AND AGREE THAT
IN CERTAIN IINSTANCES, SUCH EXTERNAL PLATFORMS MAY BE EXCLUDED FROM CERTAIN LIABILITY
FROM YOUR USE OF THE SOFTWARE PRODUCTS AND IN SOME INSTANCES SUCH EXTERNAL
PLATFORMS MAY BE THEIR PARTY BENEFICIARIES OF THIS AGREEMENT.
If you have any questions regarding this EULA, or any supplemental terms, including but not limited
to accessing the rules of any external platforms, please contact us.
19. AMENDMENTS TO THIS EULA
HOOK may issue an amended EULA at any time in its discretion by posting the amended EULA on its
website or by providing you with digital access to the amended EULA through the Software Product
or other means. If any amendment to this EULA is not acceptable to you, you may terminate this
EULA in accordance with Section 8 before such amended EULA becomes effective, upon which you
must stop using the Software Product. By using the Software Product after the amended EULA
becomes effective or otherwise indicating your acceptance of the amended EULA, you are agreeing
to be bound by the terms of the amended EULA.