Effective Date: March 25, 2021
Hi! We’re so excited you’re here and can’t wait to help you meet your new widget pet.
First things first though, let’s cover the terms.
1. Your Agreement
The WidgetPet! application, along with the software, extensions, affiliated servers, APIs, designs, and associated services specific to WidgetPet (collectively “WidgetPet”), made available via a mobile application (“App”) on the Apple App Store and the website ("Website") are owned and operated by H’Appile Interactive, LLC (“H’Appile Interactive”, “our”, “us”, “we”) and are licensed to you, as a User (“you”, “your”), in accordance with this End User License Agreement (hereinafter “Agreement”).
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE YOU DOWNLOAD, INSTALL OR USE WIDGETPET ON YOUR MOBILE DEVICE. YOUR INSTALLATION, USE, OR OPERATION OF WIDGETPET CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT FOR YOU AND/OR ANY USER(S) YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF. Please READ THIS AGREEMENT CAREFULLY! IN ADDITION TO OTHERS, THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, WHICH MAY AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM USING WIDGETPET AND MUST TERMINATE YOUR USE OF AND UNINSTALL WIDGETPET IMMEDIATELY. THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY APPLE APP STORE AGREEMENT REQUIRED TO DOWNLOAD AND USE WIDGETPET.
H’Appile Interactive and you both acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof. H’Appile Interactive and you both further acknowledge and agree that this Agreement is between us only, and not Apple, and that maintenance and support, warranties, product claims and intellectual property infringement disputes are not the responsibility of Apple. H’Appile Interactive is solely responsible for the investigation, defense, settlement, and discharge of any such claims.
H’Appile Interactive reserves the right, in its sole and absolute discretion, to discontinue, change, and/or update WidgetPet or to modify, change, replace, or discontinue this Agreement. If H’Appile Interactive modifies, changes, or discontinues the terms of this Agreement, the Effective Date and Version, located above, will change. Your installation or use of WidgetPet after a change in the Effective Date or Version of this Agreement constitutes your acceptance of and manifestation of assent to any modification, change, or replacement. This Agreement supersedes any prior, and applies to all versions of WidgetPet, including future.
You agree to comply, in good faith, and provide accurate information with all the terms of this Agreement.
• "Pet(s)" means one or more fictional and non-real widget pets(s) provided by WidgetPet.
• "WidgetPet" for purposes of this Agreement refers to the App, Website, and all related services/products.
• "Service" for the purposes of this Agreement has the same meaning as "WidgetPet".
• "User(s)" means individuals that download WidgetPet and/or use the associated services.
• "You / Your / You’re" means Users.
• "Children/Child" for the purpose of this policy refers to individuals who are under the age of ability to consent to personal data processing in their jurisdiction (e.g. < 13 in the USA; < 16 in California, USA; < 16 in parts of the EEA, etc). Please refer to your state’s or jurisdiction’s specific requirements.
• "Legacy User(s)" means a User that is either (i) using a version of WidgetPet earlier than version 4.0.0, or (ii) using a version of WidgetPet that did not include an Age Gate upon initial download/update and first launch of the App.
3. User Age and Requirement
Note: If you are a Legacy User of WidgetPet, you must either be:
(i) at least eighteen (18) years of age (or the legal age of majority in your jurisdiction if greater), or
(ii) at least thirteen (13) years of age (or the legal age to consent to personal data processing in your jurisdiction if greater, e.g. at least sixteen (16) years of age in parts of the European Economic Area (EEA)) and have a parent or legal guardian’s permission and consent/acceptance to the terms in this Agreement.
THIS IS A BINDING AGREEMENT AND YOU MUST HAVE THE AUTHORITY TO ENTER INTO SUCH ON BEHALF OF THE USER(S). IF you are a Child user and/or under the age of legal majority in your jurisdiction, this agreement requires a guardian or parent OF THE LEGAL AGE OF MAJORITY to review and accept on your behalf. If you are a parent or guardian reviewing this, you assume responsibility for such CHILD user(S) under this agreement.
4. About WidgetPet – Pet Disclaimer
WidgetPet is a mobile application that allows Users to create and care for virtual “pets” (i.e. widget pets) through an interactive game. Our intent is to provide a fun and engaging virtual widget pet experience.
Any and all pet levels, actions, supplies, references, content, and interactions within WidgetPet are not intended and should not be interpreted as real or representing the realistic nature, vitals, health, actions, care for or of, and/or being of a real-life pet, animal, or creature. You acknowledge and agree that your widget pet is only a simulation and for entertainment and enjoyment virtually in our Service and is not real. Likewise, you acknowledge and agree that any content such as reactions or sayings from your widget pet when using WidgetPet are also not necessarily meant to be interpreted as realistic or portraying real-life scenarios or actions of a pet.
5. Downloading and Using WidgetPet
When downloading WidgetPet by providing your Apple ID, you acknowledge and agree that H’Appile Interactive does not own or control Apple or any other third parties or third party payment processors and will not be held liable for any claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys’ fees, arising out of or in relation to your use of such third-party services, products, or payment processing. You are advised to read the Apple App Store Terms of Service.
WidgetPet may offer interactive game play. These interactive games may be referred to as “playdates”. Some "playdates" may be in the form of "live" games with other widget pets or Users. These "live" game sessions may allow you to engage in game play with other Users via an Internet network connection. We’ve carefully designed features to limit and moderate what information is able to be shared in these such "live" games to foster a friendly, safe, fun, and appropriate experience. However, you acknowledge and agree that you ultimately accept any risks from any interactions with other widget pets or Users or the App.
You acknowledge and agree that you alone are responsible for, and H’Appile Interactive will not be held liable for, any costs or fees incurred by you through your use of WidgetPet, including but not limited to mobile carrier charges, rates or fees, SMS or other text message fees, or payment provider fees.
You always have the right to leave the service or remove the App from your device and stop use at any time and for any reason.
6. Your WidgetPet Profile and Avatar, Right to Moderate
When using WidgetPet, content associated with your pet’s profile and avatar, such as the pet’s image, accessories, name, age, and game play stats, will be publicly visible to Users. You acknowledge and agree that your pet profile and avatar may be shared with other Users in various ways, such as on interactive game play features, leaderboards, and live game play or playdates.
By using WidgetPet, you grant H’Appile Interactive a non-exclusive, irrevocable, royalty-free, and perpetual license to use your pet profile and avatar for the customary and intended purposes of WidgetPet and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use. These purposes may include, but are not limited to, providing you or third parties with WidgetPet, improving WidgetPet, marketing/advertising content on WidgetPet, archiving or making backups of WidgetPet. By using WidgetPet, you further agree to waive all rights of publicity or privacy with respect to the content associated with your pet’s profile and avatar.
H’Appile Interactive takes great care in ensuring that WidgetPet is appropriate for all Users. As a result, H’Appile Interactive, at its sole discretion, reserves the right to moderate the appearance and/or display of any pet profile or avatar on WidgetPet without prior notice. Specifically, H’Appile Interactive reserves the right to hide your pet profile or avatar form public view, modify your pet profile or avatar, or remove your pet profile or avatar if it determines that it violates the terms of this Agreement and/or H’Appile Interactive deems it may be offensive or inappropriate to some User(s) or not appropriate for display in WidgetPet, in our sole and absolute discretion. For example, your widget pet may not appear in game play or may not appear on the leaderboard or may be marked as “Anonymous.” Additionally, H’Appile Interactive may, at its sole discretion, correct or resolve any score inaccuracies or anomalies in WidgetPet, such as leaderboard rankings, stats, etc., to ensure that it is fair and accurate for its Users.
7. WidgetPet Currency
You may collect and use In-App currency (i.e. WidgetPet coins) that are redeemable for pet extras and/or care actions during game play in WidgetPet. Users may collect WidgetPet coins in various ways, such as receiving gifts and/or winning playdate games with other widget pets. WidgetPet coins are not real currency or assets and have no monetary value or worth outside of WidgetPet. Similarly, WidgetPet coins are non-transferable and cannot be removed or transferred from WidgetPet to any other device or app.
8. In-App Purchases (IAPs)
H’Appile Interactive may offer optional in-app purchases (IAPs) in the App to enhance your use of WidgetPet. All IAPs on WidgetPet are entirely optional. While some added features and options in WidgetPet may require purchase, you will never be forced or obligated to make any purchase and always have the option to continue using the free features of WidgetPet. You are responsible for purchases by all Users on your device and in the App.
Some IAPs may be offered on a subscription basis. When available and if purchased, recurring subscriptions may be automatically renewed. You are solely responsible for monitoring and maintaining all subscriptions or cancelling any recurring subscriptions if you wish the subscription to stop. Stopping use of or deleting WidgetPet does not directly affect subscription service. You can learn more about canceling recurring subscriptions here . Non-recurring subscriptions cannot and do not need to be cancelled and will simply end after their duration if you do not manually re-purchase in the App.
H’Appile Interactive may, at its sole discretion, adjust prices and make promotional offers/giveaways for IAPs at any time. If applicable, H’Appile Interactive will clearly communicate any price changes for recurring purchases or subscriptions price changes to Users prior to any price changes or renewals. All product prices are always listed in the App Store under the “Information/In-App Purchases” section, and also shown in WidgetPet where and when the products are offered for purchase. H’Appile Interactive is not obligated to offer any price adjustments or refunds for any previous purchases; All sales are final.
9. System Utilization
You acknowledge and agree that WidgetPet may use system resources (i.e. CPU, Memory, Disk, etc) on your device to provide you the Service and maintain the Service. You agree and authorize WidgetPet to use such resources, at any and all times while installed on your device, for the purposes of updating, maintaining, modifying, adapting, monitoring, rendering, creating, and/or facilitating/enabling any and all services, functionality, cloud databases/servers, etc. related to WidgetPet and any third-party services. While we work hard to optimize and design WidgetPet for robust and seamless performance on your iOS devices, we do not guarantee any performance. You should always monitor your devices’ available memory and disk space and plan accordingly when downloading and using apps.
10. Data Connection and Use
You acknowledge and agree that WidgetPet may use and access network data services on your device, such as a cellular connection or a Wi-Fi connection. Also, you agree and authorize WidgetPet to use, transmit, and receive on this connection, at any and all times, for the purposes of updating, maintaining, modifying, adapting, monitoring, rendering, creating, and/or facilitating/enabling any and all services, functionality, cloud databases/servers, etc. related to WidgetPet and any third-party services. You acknowledge and agree that you are responsible for this usage and any service charges for such according to your cellular device plan or network provider.
11. App "Signals" and Unique Identifiers
Via your permission, by communicating with and providing us a screenshot of a unique identifier from your App instance, we may use flags or "Signals" pre-loaded into our server(s) or database(s) and linked with such unique identifier to cause the App to take a specific action, reset, or adjustment. Specifically, this allows us to support cases or requests where a user may need an App feature or flow reset and/or a value/setting corrected in the App, etc.
You understand this function is still subject to the Disclaimer/Limitation of Liability in sections 21/22 of these terms, and we do not make any guarantees of performance. You also understand that by providing us with the unique identifiers and agreeing to have us provide said support or "Signals" to the App, the outcome and result may not be reversible even if it ultimately differs from the expectation.
12. Your Warranties, Representations, and Obligations
You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder. You represent and warrant that you are not bound by or a party to any arrangement or agreement, whether contractual or otherwise, that would prohibit you from downloading or using WidgetPet. You further warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
All Users of WidgetPet further warrant and agree to be prohibited from, without limitation:
1. Violating any intellectual property right (trademark, copyright, trade secret or patent), personal or other right of a third party;
2. Framing, scraping, aggregating, hacking, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly WidgetPet, whether in whole or in part, without the prior written consent of H’Appile Interactive;
3. Using any automated devices, software, or programs such as spiders, crawlers or robots to access WidgetPet and/or systematically index, aggregate, download, harvest or re-publish any of its content or information (this will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file);
4. Attempting to reverse engineer, de-compile, hack, disable, translate, or disrupt the features, functionality, integrity, or performance of WidgetPet (including any mechanism used to restrict or control the functionality of WidgetPet), any third-party use of WidgetPet or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);
5. Accessing WidgetPet to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of WidgetPet;
6. Transmitting unsolicited commercial email messages, or spam, through WidgetPet or to Users of WidgetPet;
7. Removing any content from or redistributing content outside the context of WidgetPet or representing as "stand alone assets" (i.e. in the form of modified screenshots, etc);
8. Misusing another User’s personal information;
9. Imposing a disproportionate load on WidgetPet or its server infrastructure or otherwise attempting to interfere with the operation of WidgetPet;
10. Attempting to gain unauthorized access to WidgetPet or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of WidgetPet;
11. Attempting to gain access to the private data or personal information of a User of WidgetPet or a third party;
12. Harassing and/or stalking a third party through your use of WidgetPet;
13. Impersonating another or creating multiple alias Users;
14. Posting, transmitting, or uploading to or from WidgetPet any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component;
15. Posting or creating content that is defamatory, racist, obscene, offensive, or politically targeted and could reasonably offend Users and/or degrade WidgetPet, judged in the sole and absolute direction of H’Appile Interactive;
16. Posting or transmitting content, or using WidgetPet in a manner that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international; or
17. Authorizing, permitting, or encouraging any third party to do any of the above.
Your violation of any term or condition of this section or any term of this Agreement may result in the immediate termination of your access to WidgetPet.
H’Appile Interactive does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use WidgetPet. WidgetPet is operated world-wide and H’Appile Interactive makes no representation that WidgetPet is appropriate, lawful, or available for use in your location. H’Appile Interactive does not offer WidgetPet where prohibited by law.
13. Ownership of WidgetPet & Third-Party Intellectual Property Rights
You understand and agree that H’Appile Interactive is the owner, or licensee, of all rights in and to WidgetPet and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. WidgetPet is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using WidgetPet for any purposes not explicitly stated in this Agreement.
H’Appile Interactive is the owner of all trademark, trade name, and/or service mark rights, whether registered or under common law, of all its marks, including, without limitation, WIDGETPET and all associated WidgetPet logos.
You are hereby prohibited from using the trademarks, service marks, design marks, and logos of H’Appile Interactive, or any colorable imitation thereof, or any mark not owned or licensed by you, including, without limitation the term WIDGETPET or the logos related thereto, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of H’Appile Interactive. All trademarks, images, copyrights or rights of publicity displayed in connection with your use of WidgetPet are the property of their respective owners.
H’Appile Interactive respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from uploading, copying, transferring, or posting content that violates another party’s intellectual property rights. Unless otherwise stated, WidgetPet and all content within are the property of H’Appile Interactive, or licensed by, and are protected by copyright and other intellectual property laws. Our full Copyright policy and DMCA notice is included at the end of this Agreement.
14. Limited License Grant
WidgetPet and all related materials, including but not limited to any text, names, marks, statistics, graphics, forms, photos, images, icons, sounds, music, videos, software, scripts and interactive features, as well as its associated data and services generated by us, is the property of, owned by and/or licensed by H’Appile Interactive. H’Appile Interactive grants you a limited, non-exclusive, royalty free, non-sublicensable, non-transferrable, and non-assignable license to install and use one copy of WidgetPet in executable object code form to be used on a single mobile phone (i.e. iPhone, Galaxy), portable device (i.e. iPad, Android Tablets), or wearable device (i.e. Apple Watch, etc) for non-commercial, personal purposes.
You are prohibited from using WidgetPet for any use not explicitly stated in this Agreement, absent separate written agreement signed by H’Appile Interactive and you pursuant to a binding agreement.
15. Communications & Feedback, Social Media Disclaimer
You may choose to or we may invite you to submit comments or ideas about WidgetPet, including without limitation about how to improve WidgetPet and/or in reference to support/troubleshooting requests. By submitting any communications or feedback, you agree that your disclosure is gratuitous and without restriction. You agree your disclosure will not place H’Appile Interactive under any fiduciary or other obligation, and we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback or communications on a non-confidential basis or otherwise to anyone. As such, you acknowledge and agree that any communications you make to H’Appile Interactive and/or WidgetPet, in any form, are done at your own risk.
Similarly, anything you post, share, and/or promote on social media or in the public domain with regard to WidgetPet is done at your own risk. These acts do not entitle you to any compensation from H’Appile Interactive nor do they create any association or affiliation with H’Appile Interactive or WidgetPet, absent separate written agreement signed by H’Appile Interactive and you pursuant to a binding agreement.
16. Use of Advertising
You understand that WidgetPet may show in-app advertising, and you agree that you may see and/or we may display in-app advertisements during your use. These advertisements may contain links to third-party websites, applications, products, or services that H’Appile Interactive does not own or control. You understand that interacting with any advertisements or third party content may direct you outside the App. The advertisements on WidgetPet are provided by trusted and industry leading third parties. H’Appile Interactive does not generate or create the content for the advertisements that may appear on WidgetPet. Some opt-in style "rewarded" ads may feature an in app reward (e.g. more care actions for your widget pet, etc) upon sufficient viewing or ad playback completion, and in such cases we may rely on the advertiser’s "reward received" callback to indicate a reward has been obtained.
17. Third Party Content
You agree that H’Appile Interactive will not be held responsible or liable for the content/performance of third-party advertisements, website, applications, products, or services in WidgetPet. User’s use of third-party supported platforms and other third parties via third-party websites, platforms, or applications, is governed solely by the terms and conditions of such third-parties, and any contract entered into, or any transaction completed via any third-party, is between you and the relevant third-party, and not H’Appile Interactive. You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with WidgetPet, including but not limited to any vendor which provides access and download services (i.e. Apple App Store), any network provider (i.e. AT&T, Verizon, T-Mobile, etc.), any service provider, any platform provider (i.e. iOS, Android), or any hardware manufacturer (i.e. Apple iPhone, Samsung Galaxy, Blackberry, etc.). H’Appile Interactive makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party or contract entered into and any transactions completed by User with any such third-party.
18. No Endorsement of any Product or Service
H’Appile Interactive’s inclusion of advertisements, websites, applications, or services on WidgetPet does not constitute H’Appile Interactive’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services. H’Appile Interactive does not endorse or recommend any commercial product, process or service offered in any advertisements appearing on WidgetPet. The views and opinions of Users, contributors, and others expressed on WidgetPet do not necessarily state or reflect those of H’Appile Interactive. H’Appile Interactive reserves the right, within its sole and absolute discretion, to remove, or prohibit the display of, any information for any or no reason.
19. Section 230 of Communications Decency Act
You acknowledge and agree that H’Appile Interactive via WidgetPet is an interactive computer service provider under Section 230 of the Communications Decency Act. Though H’Appile Interactive may edit, remove, or control the content displayed through WidgetPet and provided to aid in the operation of its App, you agree that H’Appile Interactive will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the app or otherwise. H’Appile Interactive may, within its sole and absolute discretion, remove any user generated content for any reason and for no reason at all.
20. COPPA Compliance
We always strive to provide the best quality service and user experience. We take our commitment to quality and integrity of WidgetPet to Users very seriously. However, we do not guarantee the availability of WidgetPet at any given time and for any continuous duration. From time to time, WidgetPet may undergo updates and maintenance that may disrupt or impact your access and use of WidgetPet. We may also, at our sole discretion, intentionally throttle and/or limit certain usages temporarily for excessive use and/or use that appears to be out of scope of normal use case and/or which appears malicious in intent.
You acknowledge and agree that you may not have the exact same performance or experience at any given time in any given installation of WidgetPet or that which directly matches other Users. Specifically, we may test various product features and implementations from time to time. This may result in varying experiences of use and differing UI appearance/placements, prompts, or available features from one installation to another and/or within the same installation but at varying or different times and depths of use. We also may configure the App and available features specifically based on age specific privacy requirements or appropriateness.
H’Appile Interactive does not assume any responsibility for any loss or impact from deletion of, removing, transferring use of, discontinuing to use the service or its features for any reason, including that related to a new release, change, and/or update of WidgetPet.
You acknowledge and agree that the content contained within WidgetPet will not be considered a representation to reasonably be relied upon and nothing within WidgetPet will be construed to create a duty of care in H’Appile Interactive or a warranty of any kind. You acknowledge and agree that H’Appile Interactive takes no responsibility for, is not obligated to monitor and cannot be held liable for all the information contained within WidgetPet as provided by you, third parties, information or advertisements found on WidgetPet, and information sent to H’Appile Interactive by third parties. You agree to hold H’Appile Interactive harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of WidgetPet, or misuse of WidgetPet.
H’APPILE INTERACTIVE PROVIDES WIDGETPET ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE WIDGETPET AT YOUR OWN RISK AND THAT H’APPILE INTERACTIVE WILL NOT BE HELD LIABLE FOR ANY DEFECTS, ERRORS, OMISSIONS, API OUTAGES, NETWORK ISSUES, BUGS, SERVICE INTERRUPTION(S), OR DOWNTIME. ANY ATTEMPT BY H’APPILE INTERACTIVE TO MODIFY WIDGETPET WILL NOT BE DEEMED TO BE A WAIVER OF THIS LIMITATION OF LIABILITY. H’APPILE INTERACTIVE WILL NOT BE HELD LIABLE FOR ANY CONTENT CONTAINED WITHIN WIDGETPET, ANY THIRD-PARTY LINKS OR ADVERTISING ACCESSIBLE THROUGH WIDGETPET, OR ANY PRODUCT LISTED OR PURCHASED THROUGH WIDGETPET.
22. Limitation of Liability
H’APPILE INTERACTIVE WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY PERSONAL INJURY OR ANY CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, OR LOST INFORMATION ARISING OUT OF THE USE, WHETHER PROPER OR IMPROPER, OF WIDGETPET, EVEN IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. H’APPILE INTERACTIVE DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF, DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY.
UNDER ANY CIRCUMSTANCES, YOU ACKNOWLEDGE AND AGREE THAT H’APPILE INTERACTIVE’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR YOUR USE OF WIDGETPET. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, hold harmless, and defend H’Appile Interactive, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys’ fees, arising out of or in relation to your use of WidgetPet, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify H’Appile Interactive will survive the termination or failure of this Agreement and your use of WidgetPet. You acknowledge and agree that your obligation to defend H’Appile Interactive will not provide you with the right to control H’Appile Interactive’s defense, and you expressly agree that H’Appile Interactive has the right to direct and control its defense regardless of your obligation to defend H’Appile Interactive.
You are expressly prohibited from assigning your rights or obligations under this Agreement without H’Appile Interactive’s prior written consent. H’Appile Interactive may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the H’Appile Interactive business or in a sale of WidgetPet.
26. Governing Law, Jurisdiction, and Venue
This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with the laws applicable in the State of Pennsylvania. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Erie, Pennsylvania, as applicable, for any matter arising out of or relating to this Agreement; except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Erie, Pennsylvania, where such personal jurisdiction shall be nonexclusive.
27. Binding Arbitration
To the fullest extent permitted by law, all disputes, controversy, or claim arising out of or relating to this Agreement, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to final and binding arbitration before the American Arbitration Association ("AAA") in Erie County, Pennsylvania in accordance with the AAA Rules for Commercial Arbitrations (“AAA Rules”). The arbitrator shall be selected by mutual agreement of the parties; if none, then by striking from a list provided by AAA and subject to the AAA Rules. Arbitration shall result in a written decision setting forth the essential findings and conclusions, which shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable claims. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. The party prevailing in any such arbitration shall be entitled, in addition to all other relief, to reasonable attorneys’ fees relating to such arbitration. The non-prevailing party shall be responsible for all costs of the arbitration, including but not limited to, the arbitration fees, court reporter fees, etc.
THIS CLAUSE WILL NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES (WITH RESPECT TO ALL MATTERS OF SUBSTANTIVE LAW) IN RENDERING AN AWARD. ANY SUCH PROVISIONAL REMEDY SOUGHT WILL BE EXCLUSIVELY SOUGHT IN AND DECIDED BY A COURT OF COMPETENT JURISDICTION LOCATED ERIE, PENNSYLVANIA.
28. Additional Provisions; Severability
All rights granted/limitations set forth under this Agreement may not be waived by either party unless made in writing and signed by the party to be charged. Any attempt to waive such without will not be recognized. This Agreement is solely between H’Appile Interactive and you and will not confer any rights or remedies upon any third party, including third party beneficiaries, unless otherwise stated herein. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
YOU AND H’APPILE INTERACTIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
29. Class Action Waiver
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST H’APPILE INTERACTIVE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
30. Jury Trial Waiver
TO THE FULLEST EXTENT ALLOWED BY LAW, JURY TRIALS ARE WAIVED. ANY REMEDIES POST ARBITRATION OR NECESSITATING ENFORCEMENTS SHALL BE DECIDED BY A JUDGE.
The following sections shall survive the termination of this Agreement: Disclaimer; Limitation of Liability; Indemnification; Class Action Waiver; Trial By Jury Waiver; Communications & Feedback, Social Media Disclaimer; Assignment; Binding Arbitration; Integration; Additional Provisions; Severability; Survivability; In-App Purchases; Notice; Governing Law, Jurisdiction, and Venue; Ownership of WidgetPet & Third-Party Intellectual Property Rights; Your Warranties, Representations, and Obligations.
32. Term and Termination
This Agreement remains in full force and effect, unless stated otherwise elsewhere in this Agreement, as long as you use WidgetPet and/or have the App installed. Notwithstanding the above, H’Appile Interactive may, with or without notice, delete any data submitted by you, suspend and/or terminate a User’s privileges, or remove a User from WidgetPet. You may also voluntarily choose to leave and stop use of WidgetPet at any time. Termination does not entitle refund or compensation.
33. Notice to California Users
Under California Civil Code Section 1789.3, WidgetPet Users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834; by email at ; or by telephone at (800) 952-5210.
Any notice under this Agreement or other contact must be sent via certified mail to:
H’Appile Interactive, LLC
2711 Legion Rd.
PO Box 8184
Erie, Pennsylvania 16506
With a copy via email to:
35. Copyright Policy
WidgetPet, (“Website”), and all associated content and services (referred to collectively as the "Service"), with the exception of any assets or apis used under license rights by H’Appile Interactive, are © 2021 H’Appile Interactive, LLC (“H’Appile Interactive”).
H’Appile Interactive respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, our Service and all content within are the property of, or licensed by, H’Appile Interactive and are protected by copyright and other intellectual property laws.
By using our Service, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of H’Appile Interactive has infringed upon your copyright rights, please provide H’Appile Interactive with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once H’Appile Interactive receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. H’Appile Interactive will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to H’Appile Interactive with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:
1) The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2) Identification of the copyrighted work(s) alleged to have been infringed;
3) The location of the copyrighted work(s) in the Service;
4) Your contact information, such as an address, telephone, fax number, or email address;
5) A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
6) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if you are a user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
1) Identification of the specific materials that have been removed from the Service;
2) Your contact information, such as an address, telephone, fax number, or email address;
3) A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
4) A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Pennsylvania;
5) A statement that you will accept service of process from the notifying party; and
6) Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to:
H’Appile Interactive, LLC
ATTN: Copyright Officer
2711 Legion Rd.
PO Box 8184
Erie, Pennsylvania 16506
With a copy e-mailed to
Registration Number: DMCA-1036912