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Welcome to Hooqt.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. These Terms of Service are effective as of December 1st, 2013. The terms of this agreement ("Terms of Service") govern the relationship between you and Hooqt and its affiliates (hereinafter "Hooqt" or "Us" or "We") regarding your use of Hooqt’s games, websites and related services (the "Service"). Use of the Service is also governed by Hooqt’s Privacy Policy which is incorporated herein by reference. IF YOU REGISTER FOR A FREE TRIAL OF OUR SERVICE, THESE TERMS WILL ALSO GOVERN THAT FREE TRIAL.

By accepting the Terms, or by accessing or using the Service or Site, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms "You," "Your" or related capitalized terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.

Before accessing or using the Service, including browsing any Hooqt website or accessing a game, you must agree to these Terms of Service and the Privacy Policy . You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed 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.

You acknowledge that these Terms constitute a contract between You and Hooqt, even though it is electronic and is not physically signed by You and Hooqt. You further acknowledge that these Terms govern Your use of the Service and, except for written addendums signed by the parties that specifically modify these Terms, these Terms supersede any other agreements between You and Hooqt.

Hooqt reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Hooqt Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Hooqt Privacy Policy, or any other Hooqt policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

Grant of a Limited License to Use the Service
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Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Hooqt policies, Hooqt grants you a non-exclusive, non- transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service:

  • You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
  • You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Hooqt, or previously been banned from playing any Hooqt game.
  • You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
Accounts
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During the Account creation process, you will be required to select a password ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Hooqt and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.

You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

Hooqt reserves the right to remove or reclaim any account at any time and for any reason, including but not limited to claims by a third party that an account violates the third party’s rights.

WITHOUT LIMITING ANY OTHER REMEDIES, HOOQT MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO HOOQT SERVICES OR PORTIONS THEREOF IF YOU ARE, OR HOOQT SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.

YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND HOOQT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

License Limitations
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Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree that you will not, under any circumstances:

  • Engage in any act that Hooqt deems to be in conflict with the spirit or intent of the Service or make improper use of Hooqt’s support services.
  • Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Hooqt Game or any Hooqt game experience or without Hooqt’s express written consent, modify or cause to be modified any files that are a part of the Service or any Hooqt game.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Hooqt game environment.
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Hooqt, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Hooqt employees, including Hooqt’s customer service representatives.
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Hooqt employee.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Hooqt game, or to obtain any information from the Service or any Hooqt game using any method not expressly permitted by Hooqt .
  • Solicit or attempt to solicit personal information rom other users of the Service or any Hooqt game or collect or post anyone’s private information, including personally identifiable information ( whether in text, image or video form), identification documents, or financial information through the Service.

Hooqt reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Hooqt reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.

Hooqt reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Hooqt shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

Ownership
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Except for the Content submitted by members or users, the Hooqt service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Hooqt or its licensors.

All rights, title and interest in and to the Service ( including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Hooqt game client, and the Hooqt game clients and server software) are owned by Hooqt. Hooqt reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

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 HOOQT.

Hooqt owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Hooqt games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Hooqt game, whether earned in a game or purchased from Hooqt, or any other attributes associated with an Account or stored on the Service.

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Hooqt game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Hooqt in accordance with its Privacy Policy. Hooqt reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content ( including without limitation your User Content) without notice for any reason or for no reason at any time.

User content
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You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.

We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.

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.

In accordance with our terms of service you hereby grant to Hooqt 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 Hooqt the right to authorize others to exercise any of the rights granted to Hooqt under these Terms of Service. You further hereby grant to Hooqt 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. Hooqt 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. Hooqt has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

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 Hooqt games. Hooqt reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Hooqt to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Hooqt 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. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

Virtual Goods and Virtual Money
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In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds, all for use in Hooqt games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.

You do not own Virtual currency or Virtual Items but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Items or Virtual Money does not reflect any stored value.

Hooqt may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Hooqt shall have no liability to you or any third party in the event that Hooqt exercises any such rights. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Hooqt, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a licence to use Virtual Items or Virtual currency from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.

Please note; if we suspend or terminate your account in accordance with our terms you will lose any Virtual Items and Virtual currency that you may have and we will not compensate you for this loss or make any refund to you.

Payment Fees
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In accordance with our terms you agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Hooqt may revise the pricing for the goods and services offered through the Service at any time.

YOU ACKNOWLEDGE THAT HOOQT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Service Updates
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You understand that the Hooqt Service is an evolving one. Hooqt may require that you accept updates to the Service and to Hooqt’s games you have installed on your computer. You acknowledge and agree that Hooqt may update the Service and Hooqt games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Hooqt’s Games.

Disclaimer and release
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HOOQT SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOOQT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOOQT SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HOOQT IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HOOQT DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HOOQT’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HOOQT IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Hooqt may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Hooqt’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Hooqt.

You agree to indemnify, defend and hold Hooqt harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

Dispute Resolution and Law
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If a dispute arises between you and Hooqt, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at http://support.hooqt.com. If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Hooqt must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and Hooqt shall be governed by the laws of United Kingdom, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Hooqt must be resolved exclusively by a court located in London, United Kingdom.

Severability
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If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.

Assignment
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Neither party may assign these Terms or any of its rights under these Terms, directly, by operation of law or otherwise, without the prior written consent of the other party, except that either party may assign these Terms, without consent but with prior written notice to the other party, to a parent, affiliate, or successor by way of a merger or reorganization. Subject to the foregoing restrictions on assignment, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Any assignment in violation of this Section will be void. These Terms shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties hereto.

Supplemental Policies
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Hooqt may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

Links
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We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

Transferring these terms
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We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

Entire Agreement
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These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein ( including the Hooqt Privacy Policy), contain the entire understanding of you and Hooqt, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

If you also access or play our Games via other platforms (for example, by downloading our Games to play via Google Play or the App Store, or by accessing our Games via any other third party website or service, including, without limitation, Facebook) then different terms and conditions may apply in respect of those Games.

No Waiver
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The failure of Hooqt to require or enforce strict performance by you of any provision of these Terms of Service or the Hooqt Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Hooqt’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Hooqt of any provision, condition, or requirement of these Terms of Service or the Hooqt Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Hooqt shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Hooqt.

Equitable Remedies
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You acknowledge that the rights granted and obligations made under these Terms of Service to Hooqt are of a unique and irreplaceable nature, the loss of which shall irreparably harm Hooqt and which cannot be replaced by monetary damages alone so that Hooqt shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Hooqt game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages (if any).

Force Majeure
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Hooqt shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Hooqt, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Hooqt’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.