Last updated: July 9, 2020
Welcome to the HeatWave Games Terms of Service. Please read these Terms of Service carefully.
By accessing, or using the Services of HeatWave Games in any manner, including downloading, installing or using any Games of HeatWave Games, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the Privacy Policy of HeatWave Games.
If you do not agree to these Terms of Service, then you may not use any of the Services of HeatWave Games.
1.1.
These Terms of Service govern the relationship between you and HeatWave Games, or any of its affiliated entities (“HeatWave Games”, “we”, “our”, and “us”) in relation to:
1.1.1.
any websites and any of their subdomains, owned or operated by HeatWave Games including, but not limited to www.heatwave.games (the “Websites”, or the “Websites of HeatWave Games”); and
1.1.2.
any online, desktop or mobile games owned, operated or made available by HeatWave Games on any platforms (the “Games”, or the “Games of HeatWave Games”).
1.2.
In these Terms of Service, we refer to the Websites and the Games collectively as the “Services”, or the “Services of HeatWave Games”.
2.1.
We reserve the right to amend these Terms of Service at any time. The amended Terms of Service will be posted on this page (http://www.heatwave.games/terms-of-service/) and indicate the date when these Terms of Service were last updated. Your use of the Services after any such changes constitutes your acceptance of the new Terms of Service.
2.2.
We reserve the right to make changes to or update the content of the Websites and the Games at any time without any notice.
2.3.
We reserve the right at our discretion to terminate or restrict access to the Services.
Subject to these Terms of Service and to the limitations below, HeatWave Games hereby grants you a non-exclusive, non-assignable, non-transferable, non-sublicensable, personal, limited and revocable license to access and use the Services solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purposes unless you obtain the prior written approval of HeatWave Games.
4.1.
The license granted to you in Section 3 is subject to the limitations set forth in Sections 3 and 4 (collectively, the “License Limitations”). Any use of the Services in violation of the License Limitations is strictly prohibited and can result in the immediate termination or revocation of your limited license and may subject you to legal liability. You agree that you will not, under any circumstances:
4.1.1.
use the Services for any purpose in violation of local, state, national or international laws;
4.1.2.
exploit the Services for any commercial purpose;
4.1.3.
create or use cheats, cracks or hacks to modify the Services;
4.1.4.
forge any TCP/IP packet header or any part of the packet header in any electronic communication using the Services;
4.1.5.
take advantage of exploits, bugs or other software errors in the Services; or
4.1.6.
attempting to modify, decompile, disassemble, decipher, reverse-engineer, or derive source code from any software or other intellectual property used to provide the Service.
All materials that are part of the Service (including, but not limited to: software, computer code, technology, visual interfaces, graphics, images, videos, design, text, information, data, music, sound) (collectively the “Content”) are our property or our third party licensors’ property. The Content is protected by all relevant intellectual property and proprietary rights and applicable laws.
The term “HeatWave Games”, the HeatWave Games logo, logos of the Games, and the names of the Games are trademarks and service marks of, and are owned by HeatWave Games. You may not use or display such trademarks in any manner, except as expressly set forth in these Terms of Service. All third party trademarks and service marks appearing on the Websites or in the Games are the property of their respective owners and all rights therein are reserved.
7.1.
The Games of HeatWave Games may include in-app purchases that allow you to buy subscriptions or extra content (such as in-game currency, a full game unlock, or bonus content) in the game (“In-App Purchases”). In-App Purchases are processed by third party companies including, but not limited to Apple Inc. and Google Inc. (“App Store Providers”). Whilst you cannot switch off In-App Purchases from being offered to you within the Games and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play the Games. You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Games.
7.2.
If you are under 18 years of age, then you must have your parents’ or guardians’ permission to make any In-App Purchases in the Games. By completing an In-App Purchase in any of the Games, you are confirming that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
7.3.
In-App Purchases can only be consumed or used within the game they have been purchased in. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated the purchase. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the Games, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.
7.4.
If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.
7.5.
You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Game and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases, then you need to contact the App Store Provider directly.
8.1.
ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED BY HEATWAVE GAMES ARE PROVIDED “AS IS.” HEATWAVE GAMES HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2.
HEATWAVE GAMES MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICES. HEATWAVE GAMES MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
8.3.
HEATWAVE GAMES ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THE HEATWAVE GAMES WEBSITES OR IN THE GAMES OF HEATWAVE GAMES.
IN NO EVENT SHALL HEATWAVE GAMES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES) REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USING ANY OF THE HEATWAVE GAMES SERVICES INCLUDING DOWNLOADING, ACCESSING AND USING ANY OF THE HEATWAVE GAMES GAMES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE OR DEVICE SYSTEM, LOSS OF DATA, OR ANY OTHER HARM THAT RESULTS FROM USING ANY OF THE HEATWAVE GAMES SERVICES.
Upon the request of HeatWave Games, you agree to indemnify, defend and hold HeatWave Games harmless from and against any and all claims, damages, costs, liabilities, losses, expenses, fees, including reasonable attorneys’ fees and court costs due to or arising from your use of the Services.
If any provision of these Terms of Service or of the Privacy Policy of HeatWave Games is found unlawful, void, or unenforceable, in whole or in part by any court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service, or from the Privacy Policy of HeatWave Games, and will not affect the validity and enforceability of the remaining provisions, which shall continue to be in full force and effect.
HeatWave Games is not liable for any delay or failure to perform resulting from causes outside the reasonable control of HeatWave Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the control of HeatWave Games, such as acts of god, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions, comments or requests about these Terms of Service, please email us at contact@heatwave.games
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