General Terms of Use

ACCEPTANCE OF TERMS OF USE

Happy Bluefin, Inc. owns and operates the online game Soul of Demon's Blade.

By accessing and using Soul of Demon's Blade, you agree to be bound by these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). Please note that you need to be 16 or older to register for an Account or otherwise use the Service. If you are under 18 years old, please have your legal guardian review and agree to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, DO NOT USE SOUL OF DEMON'S BLADE IN ANY MANNER. Happy Bluefin reserves the right to limit or terminate your access to Soul of Demon's Blade if you do not comply with these Terms of Service.

Happy Bluefin reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of Soul of Demon's Blade after the posting of any changes to the Terms of Use means that you have accepted those changes.

Happy Bluefin Services is available for individuals aged 13 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

RESTRICTIONS ON USE OF Soul of Demon's Blade

Content You Post to Soul of Demon's Blade

You may post and share comments and content with other users through Soul of Demon's Blade's communication mechanism. By using Soul of Demon's Blade, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

  1. is harmful, threatening, abusive, harassing, torturous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
  2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner
  3. is illegal
  4. is tortuous, defamatory, libelous or invasive of another's privacy or publicity rights
  5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party
  6. you do not have a right to make available under law or contractual or fiduciary relationships
  7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available
  8. bears any false, disguised or misleading origin
  9. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

Failure to adhere to these rules may result in removal of speaker items or account suspension. All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via Soul of Demon's Blade. Happy Bluefin reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in Soul of Demon's Blade and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF SOUL OF DEMON'S BLADE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE SOUL OF DEMON'S BLADE AND THE SERVICES PROVIDED THEREBY.

Prohibited Activities

You may not use Soul of Demon's Blade to do any of the following list of activities. Failure to adhere to these rules may result in removal of speaker items or account suspension.

  1. harass or advocate harassment of another person or entity
  2. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law
  3. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act
  4. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity
  5. transmit unsolicited mass mailings or spam
  6. collect, store, or share any information about yourself or other users or members, other than in the normal course of using Soul of Demon's Blade for their intended purpose of facilitating voluntary communication among users
  7. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item
  8. advertise any third-party services or content

You may not do any of the following to Soul of Demon's Blade:

  1. use Soul of Demon's Blade in any manner that could damage, disable, overburden, disrupt or impair Soul of Demon's Blade or any Happy Bluefin server, or the network(s) connected to any Happy Bluefin server, or interfere with any other party's use and enjoyment of Soul of Demon's Blade
  2. disobey any applicable policies or regulations of networks connected to Soul of Demon's Blade
  3. modify, adapt, translate or reverse engineer Soul of Demon's Blade
  4. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Soul of Demon's Blade
  5. use any robot, spider, site search/retrieval application, or other device to play Soul of Demon's Blade
  6. frame Soul of Demon's Blade or reformat them in any way
  7. create and use user accounts using any automated means or under false pretenses. False pretenses includes having multiple accounts for the same person, creation of accounts with false information, creation of accounts on devices you do not own and usage of accounts you do not own

You can only have one Account per iPhone, iPod Touch, iPad, or Android device. You can only have one PC account even if you have multiple computers.

OWNERSHIP

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HAPPY BLUEFIN. Happy Bluefin does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.

NO RESPONSIBILITY FOR THIRD PARTY CONTENT

You understand that Soul of Demon's Blade acts only as a forum and technical interface between users and that Happy Bluefin does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Happy Bluefin. Happy Bluefin cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you find offensive to you, and that you use Soul of Demon's Blade at your own risk.

USER CONTENT

Content Screening Happy Bluefin assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time Happy Bluefin chooses, in its sole discretion, to monitor the Service, Happy Bluefin nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

Information Use by Other Members of the Service Public Discourse The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Happy Bluefin cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Happy Bluefin shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

Responsible For Your Own Content You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Happy Bluefin may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Happy Bluefin violates these Terms of Service.

License You hereby grant to Happy Bluefin an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Happy Bluefin the right to authorize others to exercise any of the rights granted to Happy Bluefin under these Terms of Service. You further hereby grant to Happy Bluefin the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Happy Bluefin does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Happy Bluefin has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

User Interactions You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Happy Bluefin games. Happy Bluefin reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Happy Bluefin to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Happy Bluefin access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

THIRD PARTY WEB SITES AND CONTENT

Soul of Demon's Blade may contain links to third-party sites that are not under the control of Happy Bluefin, and Happy Bluefin is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Happy Bluefin endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through Soul of Demon's Blade, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Happy Bluefin is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on Soul of Demon's Blade. 

In addition, links to advertising that has not been approved by Happy Bluefin may be embedded in third party content displayed on Soul of Demon's Blade. Happy Bluefin is not responsible for any content, cookies, or other technology used in connection with such advertising.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE OPERATIONS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON SOUL OF DEMON'S BLADE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND HAPPY BLUEFIN HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, HAPPY BLUEFIN DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall Happy Bluefin be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other torturous action, arising out of or in connection with the use of Soul of Demon's Blade or information available from Soul of Demon's Blade.

HAPPY BLUEFIN MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Happy Bluefin for any type of abuse, including without limitation a violation of these Terms of Use, Privacy Policy, or Rules of Conduct and will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms of Use, Privacy Policy, or Rules of Conduct.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within Soul of Demon's Blade. Soul of Demon's Blade may contain technical inaccuracies or typographical errors. Happy Bluefin assumes no responsibility for and disclaims all liability for and disclaims all liability for any such inaccuracies, errors, or omissions on Soul of Demon's Blade.

Happy Bluefin may terminate or make changes to all or any portion of Soul of Demon's Blade, product offerings, and any other information and materials on Soul of Demon's Blade and may delete any content that has been submitted to Soul of Demon's Blade at any time and without notice or liability.

INDEMNITY

You agree to indemnify, defend, and hold Happy Bluefin and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of Soul of Demon's Blade, your connection to Soul of Demon's Blade, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of Soul of Demon's Blade. Any such indemnification shall include the payment of reasonable attorney's fees incurred in the defense of such claim.

GENERAL INFORMATION

The Terms of Use and any applicable guidelines posted on Soul of Demon's Blade constitute the entire agreement between you and Happy Bluefin, govern your use of Soul of Demon's Blade, and supersede any prior agreements between you and Happy Bluefin relating to your use of the Soul of Demon's Blade (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional Happy Bluefin services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing Soul of Demon's Blade you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of Soul of Demon's Blade, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of San Francisco in the State of California, USA. The failure of Happy Bluefin to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Soul of Demon's Blade, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.