WELCOME TO

Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame
image2

We make puzzle game!

Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame Hercgame

We make puzzle game!

image3

INTRO

relax

image4

gamatic

image5

addictive

image6


PRIVACY POLICY

HercGame’s mission is to connect the world through games. We deliver fun, social entertainment experiences to people around the world. In pursuit of our mission, we collect and use certain information from our players. Being transparent about our use of players’ information and respecting their privacy is incredibly important to HercGame.

This Privacy Policy applies when you use our Services (described below). Please read it before using HercGame’s Services because it will tell you how we collect, store, use, and disclose your personal information when providing these Services to you.

If you have questions, comments, or concerns regarding our Privacy Policy or practices, please Contact Us.

1. Introduction

HercGame offers a variety of online and mobile games. Our Privacy Policy applies whenever you use our “Services,” which means our games, products, services, content, HercGame.com, and/or other domains or websites operated by HercGame. It describes the ways we use your information and your rights and choices concerning your information.

HercGame develops and publishes social games for web and mobile devices. “HercGame,” “we,” “our,” or “us” in this Privacy Policy refers to HercGame Inc. and any other corporate entities under common ownership with HercGame Inc., including without limitation HercGame Game Ireland Limited (“Affiliated Entities”).

For purposes of data protection laws, if you are located in the United States, HercGame Inc. is the “data controller” of your personal information. If you are located anywhere other than the United States, HercGame Game Ireland Limited is the “data controller” of your personal information. We will refer to countries in the European Union (EU) and the European Economic Area (EEA) and Switzerland collectively as the “European Countries” in this Privacy Policy.

This Privacy Policy applies whenever you use our “Services,” which means our games, products, services, content, HercGame.com, and/or other domains or websites operated by HercGame. It describes how we collect, store, use, and disclose your personal information when providing these Services to you, and your rights and choices concerning your information. The Privacy Policy’s sections are listed and hyperlinked in the Table of Contents above for easier navigation.

If you do not want HercGame to collect, store, use, or share your information in the ways described in this Privacy Policy, you may not play HercGame’s games or use HercGame’s other Services.

2. Information We Collect and How We Collect It

We’ll collect and store any information that you provide to us, including when you create your account or a player profile.

Information About You That You Share With Us Directly

When you use our Services, you may give us information directly (like when you’re setting up your account), and we’ll store that information on our systems and use it for the purposes described in this Privacy Policy.

Some games or parts of our Services may use a more traditional registration or account set-up process where you may be asked to give us information like:

  1. your first and last name;
  2. your username;
  3. your gender;
  4. your age or birthday;
  5. your e-mail address;
  6. a password; and/or

other information that helps us make sure it’s you accessing your account or helps us improve our services.

We may also let you create a player profile that other HercGame players can see. Your player profile may include information like:

  1. your profile photo;
  2. your first and last name;
  3. your game username;
  4. your gender;
  5. your biographic details (like your age or age range);
  6. the approximate physical location information that you provide;
  7. links to your profiles on various social networks;
  8. details about the games you play; and/or
  9. a HercGame player ID that is created by HercGame and used to identify your game account (on HercGamegames.com, your HercGame player ID will appear in the URL of your profile page).

If you give us your mobile telephone number (including for SMS text messaging services), we will also collect and store that number.

Information About Your Contacts

We’ll collect information that you provide to us about your contacts, but be sure to ask their permission first.

We may give you the ability to import your address book contacts or to manually enter them so that you can locate your contacts using HercGame Services and invite them to join you in our games or other aspects of our Services. You are responsible for getting your contacts’ permission before you give their contact details to us. We may also get information about you from other HercGame users importing or entering their contacts. We use and may store this contact information to help you and your contacts connect through our Services. If you want to remove your contacts stored by us, follow any instructions provided in the Service to request that we remove them from our systems or Contact Us. If you need to enter a password to allow us to access your address book, we will not store that password.

Information You Generate Using Our Services

We’ll collect information about the ways you use and interact with our Services.

When you use our Services, we’ll collect information about the ways in which you use and interact with our Services, such as when and for how long you play our games, game features and other players you interact with, purchases you make, progress or levels you achieve, and other gameplay activities.

If you choose to use communication features in HercGame Services that allow you to communicate or share information with other players, then we’ll collect information on what is communicated or shared. This includes:

your participation in player forums and message boards;

your public posts or comments on other players’ profiles or gameboards;

your non-public messages or invitations to other players, made either directly on our websites or through in-game mechanisms;

your chats with other players (whether by instant message, live chat, or video); and/or

your posted photos, drawings, or other user-generated content.

We may access in real-time, record, and/or store archives of these communications, comments, photos, drawings, and other user-generated content on HercGame’s servers to make use of them to protect the safety and well-being of our players; to protect HercGame’s rights and property in connection with our Services; to conduct research; to operate, improve, personalize, and optimize our Services and our players’ experiences, including through the use of analytics; and to manage and deliver advertising. Where required by law, we will seek your consent for this.

Payment Information

We’ll collect information related to any purchases you make.

If you purchase in-game virtual currency or items in a game you play on HercGamegames.com, our third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address, and financial information. HercGame’s payment processors do not share your financial information, like credit card numbers, with HercGame, but they may share non-financial information with us related to your purchases, like your name, billing address, and the items purchased.

When you play HercGame’s games or access any of our other Services on connected third-party applications or platforms (like Facebook, Apple, Google, or Amazon), any purchases you make will be processed by that third-party application and subject to that third-party application’s terms of service and privacy policy. For these purchases, HercGame does not receive your financial information, but may receive non-financial information related to your purchases, like your name, approximate physical location, and the items purchased. The information HercGame receives depends on the HercGame game you’re playing and the third-party application. HercGame’s Terms of Service explain our policies and terms related to charges, billing, third-party credits, and virtual currencies. Please note that purchases of third-party credits or currencies are also subject to those parties’ terms of service and privacy policies.

Customer Support Correspondence

We’ll keep a record of any correspondence between us.

When you ask for help from our Customer Support team, we will collect and store the contact information you give them (generally, your name and e-mail address), information about your game play or activity on our Services, and your HercGame player and/or social network ID number. We will also store the communications you have with our Customer Service team and any additional information in those communications in order to provide support and improve the Services.

Information About You That We Get From Connected Third-Party Applications, Including Social Networks

We’ll collect some information from other companies, including social networks, if you access our games through your accounts with those companies or you choose to connect your accounts with those companies to our games.

If you play HercGame’s games or access any of our other Services on connected third-party applications or connect our Services to any third-party applications, including social networks like Facebook, HercGame may receive certain information about you from the provider of the third-party application. The information we receive depends on the HercGame game you’re playing, the third-party application, your privacy settings, and, if applicable, your friends’ privacy settings on that third-party application.

For example, HercGame may collect and store some or all of the following information from the provider of the connected third-party application:

  1. your first and last name;
  2. your profile picture or its URL;
  3. your user identification number (like your Facebook ID number), which may be linked to publicly-available information like your name and profile photo;
  4. your friends’ user ID numbers and other public data;
  5. the e-mail address you provided to that third-party application;
  6. your approximate physical location and that of the devices you use to access our Services;
  7. your gender;
  8. your birthday, age, and/or age range;
  9. information about your activities on or through the connected third-party application;
  10. other publicly-available information on the third-party application; and/or
  11. any other information that you or the provider of the third-party application share with HercGame.

If you access our Services from a third-party application or connect our Services to a third-party application, you should also read that third-party application’s terms of service and privacy policy.

If you are unclear about what information a third-party application is sharing with us, please go to the third-party application to find out more about their privacy practices.

Cookies and Other Automated Information Collection

We’ll collect information about your device and how you use our Services, including using cookies.

As further described in our Cookie Notice, we use cookies and other similar technologies (e.g., beacons, pixel tags, clear gifs, and device identifiers) to recognize you and/or your device(s) on, off, and across different Services and devices. We also allow others to use cookies and similar technologies as described in our Cookie Notice. You can control or opt out of the use of cookies and similar technologies that track your behavior on the sites of others for third-party advertising, as described in our Cookie Notice.

We, our service providers, and our business partners use these cookies and other similar technologies to collect and analyze certain kinds of technical information, including:

  1. IP address;
  2. the type of computer or mobile device you are using;
  3. platform type (like Apple iOS or Android);
  4. your operating system version;
  5. your mobile device’s identifiers, like your MAC Address, Apple Identifier For Advertising (IDFA), and/or Android Advertising ID (AAID);
  6. application performance and de-bugging information;
  7. your browser type and language;
  8. referring and exit pages, and URLs;
  9. the number of clicks on an app feature or web page;
  10. the amount of time spent on an app feature or web page;
  11. domain names;
  12. landing pages;
  13. pages viewed and the order of those pages; and/or
  14. game state and the date and time of activity on our Services.

In some cases, we will connect the above information with your social network ID or HercGame user ID.

If you play HercGame games on a mobile device, in addition to your device identifiers (described above), we may also collect:

  1. the name you have associated with your device;
  2. your country;
  3. your telephone number (if you provide it);
  4. your specific geolocation (with your permission);
  5. your mobile contacts (with your permission, as described further in Information About Your Contacts); and/or
  6. information about the HercGame games and other third-party apps you have on your device.

If you want to adjust your privacy preferences on your device, please see How to Access, Update, and Manage Your Personal Information.

Other Sources

We may collect information from other third-party sources. Where we do, we’ll let you know.

We may collect or receive information about you from other sources like third-party information providers. We use this information along with information you provide us directly, for example, to help you and your friends connect or to serve you advertising more tailored to your interests.

3. How We Use Information We Collect and Our Legal Bases for Processing It

We use your information to provide, personalize, maintain the security of, and improve the Services you use; to maintain our business operations; and to exercise, defend or establish our rights.

We use your information under several legal bases, including to perform our contract with you, for our legitimate business interests, to comply with our legal obligations, or otherwise with your consent.

The main use of the information we collect and store is to provide you with the Services you request from us and to improve your gaming experience, but there are other uses as well. The uses for which we collect and store your information include:

to improve and optimize our Services and our players’ experiences;

to create your game accounts and allow you to play our games;

to identify and suggest connections with other HercGame players and personalize our Services to you;

to communicate with you about the Services you’re using, including in-game updates, new Services, and promotional offers that we think might be of interest to you;

to enable players to communicate with each other;

to provide technical support and respond to player inquiries;

to protect the safety and well-being of our players;

to protect HercGame’s rights and property in connection with our Services;

to prevent fraud or potentially illegal activities, and to enforce our Terms of Service;

to manage and deliver contextual and behavioral advertising;

to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners;

to comply with our legal obligations, resolve any disputes we may have with you or other players, and to enforce our agreements with third parties; and/or

to conduct research.

If you are located in the European Countries (defined above in Section 1), our legal basis for collecting and using the information described above depends on what the information is and the context in which we collect it.

However, we’ll normally collect information from you only where we need it to perform our contract with you (i.e., our Terms of Service), where the processing is in our legitimate interests (provided that these aren’t overridden by your interests or rights), or if we otherwise have your consent.

In some cases, we may also have a legal obligation or need to collect information from you or may otherwise need the personal information to protect your vital interests or those of another person (for example, another player).

If we ask you to provide information to comply with a legal requirement or to perform a contract with you, this will normally be clear from the context in which we are asking you to provide your information (for example, when we ask you to provide a username to access our Services, this will be to create an account for you in accordance with our Terms of Service), and, if not, we will provide an explanation to you at the relevant time. We will also make clear whether providing information is mandatory.

Similarly, if we collect and use your information in reliance on our legitimate interests (or those of any third party), it will be made clear to you at the relevant time what those legitimate interests are (such as personalizing our services and marketing, for example).

If you have questions or need further information about the legal bases on which we collect and use your personal information, please Contact Us.

4. How We Share Information

We’ll share your information with third parties when you use our Services under the circumstances described in this section.

We’ll share some of your information with your friends and other HercGame players that you’re playing with to facilitate your gaming interactions with them.

We may share your information, including personal information, with third parties or allow third parties to collect this information from our Services in the following circumstances:

Friends and Other HercGame Players

HercGame’s games and Services support and often encourage you to interact with other players. In most HercGame games, if you play through a social network or connect to a social network (for example, Facebook), your social network friends who also play a HercGame game will see your name, photo, player profile (which may include the information described above in Information About You That You Share With Us Directly), and descriptions of your in-game activity (including any HercGame games you have played).

In addition, in many HercGame games, other players, regardless of whether they are your social network friends, will be able to see your player profile (as described above); view descriptions of your in-game activity; communicate with you within our Services; and send you game requests or friend requests through our Services or the related social network. For example, in HercGame Poker, when you are playing at a table, all the other players at the same table can see your player profile and send you an in-game chat message.

Third-Party Advertising Including Behavioral Advertising and Analytics

We’ll share some of your information with advertisers to tailor the advertisements you see when you use our Services to your interests and to enable us to offer some of our Services for free.

We use advertising to enable us to offer some of our games, game features, and other Services for free. These advertisements may include, without limitation, banner ads on game boards or Services themselves, as full-screen ads between moves or games, or through an “offer wall” in which third-party advertisers offer to provide virtual currency or other in-game items to players in exchange for watching an advertisement or for completing a task, such as signing up for an account with one of the advertisers, completing a survey, or finishing a particular game level. Offer walls are hosted by third-party offer wall providers, and the offers are made by third-party advertisers, not by HercGame.

We do not actively share personal information that directly identifies you with third-party advertisers for their direct marketing purposes unless you give us your consent.

To enable advertisers, ad networks, and offer wall providers to serve you with more relevant ads, they may collect, or we may collect and share with them, the following types of information when you use our Services:

performance data (like the number of clicks on an advertisement);

certain technical information (like IP address, non-persistent device identifier such as IDFA, and de-identified persistent device identifier such as a hashed Android ID);

a unique identifier, such as your social network ID or HercGame player ID; and/or

other contextual data about your game play (like your level and session length).

In addition to serving you with relevant ads, the information collected may be used to:

measure how effective ads are;

offer you targeted advertising (both on and off our Services) in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as interest-based advertising or behavioral advertising); and/or

undertake web analytics to analyze traffic and other player activity to improve your experience.

Advertisers or ad networks may collect this information through the use of cookies and other similar tracking technologies, and they may use a single tracking technology or multiple tracking technologies at the same time.

Please note, after clicking on a third-party advertisement or offer, you may no longer be on a site or app controlled by HercGame or the social network through which you are playing HercGame’s games.

If you do not want to receive tailored in-application advertisements from third parties, please see How to Access, Update, and Manage Your Personal Information. For more information on controlling the use of cookies and similar technologies, please see our Cookie Notice. Please note that the practices of third-party companies delivering advertisements on our Services are subject to those companies’ own privacy policies.

Safety, Security, and Compliance with Law

We’ll share your information if necessary for safety, security, or compliance with law.

Your information, and the contents of all of your online communications in our Services and between you and HercGame may be accessed and monitored as needed to provide our Service and may be disclosed:

to satisfy any laws or regulations that apply;

when we have a good faith belief that we have to disclose the information in response to lawful requests by public authorities, including for national security, law enforcement, or legal process purposes (for example, a court order, search warrant, or subpoena);

when we believe in our sole discretion that our Services are being used in committing a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and other security precautions;

when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally; and/or

to protect the rights or property of HercGame or applicable third parties, including to enforce our Terms of Service.

Third-Party Service Providers

We’ll share your information with the third-party service providers and business partners that we work with to bring you our Services.

We will share your information with third-party companies who perform services on our behalf, like payment processing, analytics, analysis, hosting services, customer service, marketing, and advertising optimization. We will also share your information with our third-party business partners who assist us in delivering and optimizing our Services, such as our platform partners (Apple, Google, Facebook, Amazon, etc.). Where we share your information with third-party service providers and business partners, we ensure that we have appropriate agreements in place to protect your information (as required by applicable data protection laws).

Sale or Merger

We’ll share your information with the interested party if we undergo or evaluate undergoing a sale or merger.

In the event that HercGame undergoes or evaluates undergoing a business transition, like a merger, acquisition by another company, or sale of all or part of its assets (like selling a game), we may disclose or transfer all of your information, including personal information, to the successor organization in the transition. We will make reasonable efforts to let you and other players know (in the way described in Changes to Our Privacy Policy) of the business transition before transferring your personal information.

Other Third Parties

We may share some of your information with other third parties if we have your consent to do so.

In addition to the sharing described above, we may share your information with other third parties or allow them to collect your information from our Services in some ways not specifically described in this Privacy Policy if we have your consent to do so.

5. Your Rights and How to Access, Update, and Manage Your Personal Information

European Countries’ Users’ Rights

If you’re a user located in the European Countries, you have certain rights with respect to your personal information.

If you are located in the European Countries (defined above in Section 1), you have the following data protection rights:

You can access or request deletion of your personal information by submitting a request through our Personal Data Request Portal.

You can correct or update your personal information, object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.

You can opt-out of marketing communications we send you by following the instructions in “Opting Out of Promotional Communications from HercGame” below.

If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority (Contact details are available here.)

To exercise your rights to access or deletion, please submit a request through our Personal Data Request Portal. If you have any problems with the Portal or would like to exercise any of your other rights, you can Contact Us. We respond to all data protection requests we receive in accordance with applicable data protection laws.

Accessing and Deleting Personal Information Held by HercGame

You can request a copy of or deletion of your game account data through our Personal Data Request Portal.

To review and update personal information associated with your HercGame player profile in certain games, visit the “settings” page in that game.

If you want to review or delete personal information associated with your game account data, please submit a request through our Personal Data Request Portal. If you have any problems with the Portal, please Contact Us.

For deletion requests, we will take reasonable measures to delete your personal information from our records. If you have sent content through or posted content on the Service, we may not be able to delete it. We will keep certain records (e.g., personal information relating to payments or customer service matters) where we need (and have rights) to, such as for legal or accounting purposes. We’ll also keep information in order to exercise, defend, or establish our rights.

Managing Personal Information We Receive From Third-Party Applications / Platforms And From Your Mobile Device

To manage the information we receive from third-party applications or platforms and from your mobile device, use the tools and settings provided by the third-party application and your mobile device.

To manage the information HercGame receives about you from a third-party application or platform where you play our games, like Facebook, Apple, Google, or Amazon, you will need to follow the third-party application’s instructions for updating your information and changing your privacy settings. The privacy management tools for applications on Facebook can be found here.

You also can manage many aspects of information collection and use from your mobile device by visiting the “settings” page of your mobile device or web browser and reviewing the access permissions of each HercGame game / application.

To the extent that one of our games is collecting information about non-HercGame applications you have on your mobile device, the game will provide you with an option to stop making that information available to us in the game’s “settings” page.

Once HercGame receives your information from a third-party application / platform or your mobile device, that information is stored and used by HercGame in accordance with this Privacy Policy. You may access and update that information as described above.

Opting Out of Promotional Communications from HercGame

You can unsubscribe from promotional emails by clicking the “unsubscribe” link or visiting our Email Settings page. You can opt out of mobile push notifications in your device’s settings page. You can opt out of SMS text communications by texting STOP.

If you want to stop receiving promotional e-mails from HercGame, click on the “unsubscribe” link at the bottom of any promotional email from HercGame or visit our Email Settings page. Your unsubscribe request or e-mail preferences change will be processed promptly, and in no event longer than ten business days. During that processing period, you may receive additional promotional emails from us.

If you want to stop receiving push notifications, which are messages an app sends you on your mobile device even when the app is not on, you can turn off push notifications by visiting your mobile device’s “settings” page. Many of our games also offer the ability to turn off push notifications in the in-game “settings” page.

You can opt out of receiving SMS text messages by texting back STOP to the number we send the text from for that particular SMS text messaging program or by Contacting Us. When we receive an opt-out message from you for SMS text messages, we may send a text message confirming receipt.

Please note that if you opt out of receiving promotional communications from us, we may still communicate with you from time to time if we need to provide you with information about the Services you are using from us, if we need to request information from you with respect to a transaction initiated by you, or for other legitimate non-marketing reasons, for example, if we update this Privacy Policy or our Terms of Service.

Opting Out of Third-Party Behavioral Advertising

You can opt out of third-party behavioral advertising through your device settings and other third-party opt-out tools.

If you are interested in more information about behavioral advertising and your choices to prevent behavioral web and mobile web advertising from third parties, you may visit the following websites:

Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page for U.S.-based advertising; and

Your Online Choices website for EU-based advertising.

If you do not want to receive behavioral in-application advertisements from third parties that relate to your interests on your mobile device, you may adjust the ad tracking settings on your device (such as turning on “Limit Ad Tracking”). You can also reset the “Advertising Identifier” (such as an IDFA) from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to your previous “Advertising Identifier.” Further, depending on the platform provider (such as Apple or Google), you may be able to download apps, such as the Digital Advertising Alliance’s “AppChoices” app, that offer to provide you with control regarding the collection and use of cross-app data for behavioral advertising.

All of the opt-out tools described in this subsection are provided by third parties, not by HercGame. HercGame does not control or operate these tools or the choices that advertisers and others provide through these tools.

Please note that you may still receive third-party advertisements in HercGame’s Services after using these opt-out tools, but the advertising you see may be less relevant to your interests.

6. California Online Privacy Protection Act Notice

We don’t respond to Do Not Track signals.

At this time, there is no general agreement on how companies like HercGame should interpret Do Not Track signals. HercGame does not currently respond to Do Not Track signals, whether that signal is received on a computer or on a mobile device. You can learn more about Do Not Track here.

7. Privacy Policies of Linked Third-Party Services and Advertisers

We aren’t responsible for the ways in which third parties use your information (other than our service providers acting under our instructions).

Our websites and games may contain advertisements from “Third-Party Services,” meaning companies other than HercGame, that may link to their own websites, online services, or mobile applications. We are not responsible for the privacy practices or the content of these Third-Party Services. If you have any questions about how these Third-Party Services use your information, you should review their policies and contact them directly.

8. Our Policies Concerning Children

We seek to ensure that we do not collect information from children.

Generally speaking, most of our Services are not intended for children under the age of 13 (or under 16 for children located in the European Countries) (collectively, “Children”). Children are not permitted to use these Services, and we do not knowingly collect any personal information from Children.

Though our Services do not target Children as the primary audience, we may collect age information before allowing a user to proceed for certain Services. For users who identify themselves as Children in our age-gate on such Services, if we allow Children to use the Services, we will either provide a version of that Service that does not collect, use, or disclose “personal information” (as defined in the Children’s Online Privacy Protection Act (“COPPA”)), except as permitted by COPPA, or obtain legally valid parental consent.

If we learn that we have inadvertently gathered personal information that is not subject to a COPPA exception from a Child, we will take reasonable measures to promptly remove that information from our records.

9. International Operations and Transfers Out of European Countries

When you use our Services, your personal information may be sent to the United States and possibly other countries. When we transfer, store, and use personal information collected in the European Countries outside of the European Countries, we comply with our legal obligations and ensure that your personal information is subject to suitable safeguards or transferred to “approved” territories.

IMPORTANT: When you use our Services, your personal information may be sent to the United States and possibly other countries.

As part of our international operations, we may transfer personal information to our “Affiliated Entities,” which are any other corporate entities under common ownership with HercGame Inc., or to our business partners and service providers from time to time for our legitimate business purposes. For example, HercGame Inc. provides certain services to its Affiliated Entities.

We store personal information about players and visitors to our sites on servers located in the United States, and we may also store this information on servers and equipment in other countries. Personal information collected in the European Countries may be transferred to, and stored at, a destination outside of the European Countries. The data we hold may also be processed by employees operating outside of the European Countries who work for us, one of our Affiliated Entities, or one of our business partners or service providers. This staff may be engaged in, among other things, (i) the processing of transactions and your payment details, or (ii) the provision of support services. When we transfer your personal information internationally we will take reasonable steps to ensure that your personal information is treated securely, lawfully, and in the manner we describe here. Please note that laws vary from jurisdiction to jurisdiction, so the privacy laws applicable to the places where your information is transferred to or stored, used, or processed in, may be different from the privacy laws applicable to the place where you are resident.

The HercGame entities and subsidiaries listed in our Privacy Shield certification record, accessible here are certified under the EU-U.S. Privacy Shield, effective as of the date our certification posted here. We adhere to the relevant Privacy Shield Principles for all personal information received from participating European countries in reliance on the Privacy Shield framework.

Participating European countries’ residents should direct any questions, concerns or complaints regarding HercGame’s handling of personal information or compliance with the Privacy Shield to HercGame at:

Privacy Shield Specialist

HercGame Inc.

699 8th Street

San Francisco, CA 94103

You may exercise any rights you have to correct, amend, or delete information about you as described in Your Rights and How to Access, Update, and Manage Your Personal Information.

When HercGame receives personal information under the Privacy Shield and then transfers it to a third-party service provider acting as an agent on our behalf, HercGame has certain liability under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield, and (ii) HercGame is responsible for the event giving rise to the damage.

With respect to personal information received or transferred pursuant to the Privacy Shield Framework, HercGame is subject to the investigatory and enforcement powers of the Federal Trade Commission.

10. How Long We Keep Your Information

We’ll keep your information for as long as necessary to provide you with the Services, maintain our legitimate business operations, and/or exercise, defend or establish our rights.

How long we retain your personal information depends on why we collected it and how we use it, but we will not retain your personal information for longer than is necessary for our business purposes or for legal requirements.

We will retain personal information about you and connected with your account and/or the Services you use from us for as long as you have an active account with us. We will take reasonable measures to delete this personal information if you delete your account. However, you acknowledge that we may retain some information after you have closed, or we have deleted, your account with us where necessary to enable us to meet our legal obligations or to exercise, defend, or establish our rights.

11. Security of Your Information

We work hard to protect your information but you also have a role to play.

We implement reasonable and appropriate security measures to help protect the security of your information both online and offline and to ensure that your data is treated securely and in accordance with this Privacy Policy. These measures vary based upon the sensitivity of your information.

If you have an account registered directly with HercGame, your profile information is protected by the password you use to access your HercGame account. It is important that you protect and maintain your HercGame account’s security and that you immediately tell us of any unauthorized use of your account. If you forget the password to your HercGame account, the Services allow you to request that instructions be sent to you that explain how to reset your password. If you access our Services through a social network and your social network account is hacked or otherwise compromised, this may lead to someone accessing or deleting your HercGame game accounts without your permission. So, be careful to keep your social network account information, including your social network account password, secure as well. We urge you to log out of your HercGame account and any social network account you have used to access our Services when you are finished using them.

When you sign into your HercGame account or enter payment information, we and our third-party payment processor use encryption to transmit that information.

While we take precautions against possible security breaches of our Services and our customer databases and records, no website or Internet transmission is completely secure. We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, and we cannot guarantee the security of your information while it is being transmitted to our Service. Any transmission is at your own risk. If you have questions about the security of our websites, please Contact Us.

12. Changes to Our Privacy Policy

We’ll let you know about any material changes to this Privacy Policy.

If we decide to make material changes to our Privacy Policy, we will tell you and other players by placing a notice in-game or on www.HercGame.com, or by sending you a notice to the e-mail address we have on file for you before the change becomes effective (and we will ask for your consent where required by law). We may supplement this process by placing notices on game blogs, social network pages, and/or player forums. You should periodically check www.HercGame.com and this Privacy Policy for updates.

CONTACT US

contact us

Trang này được bảo vệ bởi reCAPTCHA và Chính sách về quyền riêng tư của Google và có áp dụng Điều khoản dịch vụ.

OR VISIT US

Hercgame INC

14455 N. Hayden Road Scottsdale, Arizona, United States 85260 +1.48062425

Timezone

Thank you!


TERMS OF SERVICE

IMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, DISPUTES ABOUT THESE TERMS OR RELATING TO HERCGAME SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, go to Section 15 (Agreement to Arbitrate and Class Action Waiver).

HERCGAME’s mission is to connect the world through games. We deliver fun, social entertainment experiences to people around the world.

Please read these Terms of Service and our Privacy Policy before using HERCGAME’s Services. These Terms of Service set out the terms and conditions that apply when you use our Services (described below). When you use our Services, you agree to be bound by these terms and conditions. If you don’t agree to all the terms and conditions, you must not use our Services.

Our Privacy Policy describes how we collect, store, use, and disclose your personal information when providing our Services to you, and your rights and choices concerning your information. When you use our Services, you acknowledge that our Privacy Policy applies. If you do not want HERCGAME to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use our Services.

If you are located in the United States, “HERCGAME,” or “we,” “our,” or “us” in these Terms of Service means HERCGAME Inc. and the HERCGAME Corporate Family. HERCGAME Inc. is located at 699 8th Street, San Francisco, California 94103. If you are located anywhere other than the United States, “HERCGAME,” “we,” “our,” or “us” means HERCGAME Game Ireland Limited, which has a registered office at 25-28 North Wall Quay, Dublin 1, Ireland (Ireland company number 481954; EU VAT number 9742752R). In all cases, “HERCGAME,” “we,” “our,” or “us” includes agents, consultants, employees, officers, and directors.

1. DEFINITIONS

“Account” means an account you create when you access the Services.

“Community Rules” means the rules of conduct that govern your interaction with our Services and other players, which can be found here.

“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.

“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that HERCGAME may offer from time to time to certain eligible players.

“Services” means our games, products, services, content, HERCGAME.com, and/or other domains or websites operated by HERCGAME.

“Terms of Service” or “Terms” means these terms of service.

“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.

“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-game items.

“HERCGAME Corporate Family” means HERCGAME’s subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors.

“HERCGAME Affiliates” refers to the HERCGAME Corporate Family plus HERCGAME’s and the HERCGAME Corporate Family’s third-party content providers, distributors, licensees, or licensors.

2. CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms, Community Rules, or Feature Terms at any time by posting the amended Terms, Community Rules, or Feature Terms on our sites or within the Services (such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. New versions of the Terms, Community Rules, and Feature Terms, and any other policies, codes, or rules will be accessible at www.HERCGAME.com or from within the Services. If you continue to use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

You can’t make changes to the Terms, Community Rules, or Feature Terms unless both you and HERCGAME sign a written amendment.

If you have a dispute with HERCGAME, the version of the Terms, Community Rules, and Feature Terms in effect at the time HERCGAME received actual notice of the dispute will apply to such dispute.

If the Terms or our Privacy Policy have any provisions or information that conflict with other HERCGAME terms or policies, these Terms and the Privacy Policy as applicable shall govern.

3. ACCOUNT INFORMATION AND SECURITY

In order to use our Services, we may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your name, birthdate, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with HERCGAME’s Privacy Policy.

You agree to supply HERCGAME with accurate, complete, and up-to-date information, particularly your email address.

You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.

If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.

4. USING OUR SERVICES

Who can use our Services

We are excited to have you start playing our games, but there are some limits on who can use our Services.

You may not use our Services if:

  • You cannot enter into a binding contract with HERCGAME.
  • You are under 13 years of age (or under 16, if you are located in the European Economic Area (the “EEA”)), in which case you must not create an Account, use any of our Services, or submit personal information in the Services or to HERCGAME (for example, your name, address, telephone number, or email address). This prohibition does not apply if, and only if, a HERCGAME Service has an age-gate that collects age information before allowing a user to proceed and that age-gate allows users who identify themselves as under 13 years of age (or under 16 in the EEA) to use the Service. (As described in our Privacy Policy, in those instances, we will either provide a version of that Service that does not collect, use, or disclose personal information, except where and to the extent permitted by applicable data protection laws, including without limitation the Children’s Online Privacy Protection Act, or obtain legally valid parental consent.)
  • You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
  • You are a convicted sex offender.
  • You have previously been banned from playing any HERCGAME game or using any HERCGAME Service, unless HERCGAME has reversed that ban, in its sole discretion.

If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.

Additional Important Rules and Terms

If you use our Services, you must follow the HERCGAME Community Rules and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Services from a social network, such as Facebook, or download the Services from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms.

Accessing our Services

To access or play our games or create an Account with us, you may need an account with a social network, like Facebook, and, if you are using our mobile Services, an account with the company that provides your mobile applications, like an Apple iTunes account. You may need to update third-party software from time to time to receive the Services and play HERCGAME’s Games.

We provide the games and other Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.

Service Changes and Limitations

Our Services are evolving and we may require that you accept updates to the Services as well as to the Terms, Community Rules, Feature Rules, and the HERCGAME Privacy Policy. From time to time we may make you update the game or your software to continue to use our Services. We may perform these updates remotely, including to HERCGAME software residing on your computer or mobile device, without notifying you.

HERCGAME reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, HERCGAME is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased. 

HERCGAME MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND HERCGAME IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. This does not apply to users located in the EEA. If you are located in the EEA, we will endeavor to give you at least one month’s notice of any material changes before they take effect, and if you are unhappy with those changes, you can choose to cancel your Services under these Terms.

Deleting your Account

You may stop using our Services at any time and may request that we delete your Account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deIMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, DISPUTES ABOUT THESE TERMS OR RELATING TO HERCGAME SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, go to Section 15 (Agreement to Arbitrate and Class Action Waiver).

HERCGAME’s mission is to connect the world through games. We deliver fun, social entertainment experiences to people around the world.

Please read these Terms of Service and our Privacy Policy before using HERCGAME’s Services. These Terms of Service set out the terms and conditions that apply when you use our Services (described below). When you use our Services, you agree to be bound by these terms and conditions. If you don’t agree to all the terms and conditions, you must not use our Services.

Our Privacy Policy describes how we collect, store, use, and disclose your personal information when providing our Services to you, and your rights and choices concerning your information. When you use our Services, you acknowledge that our Privacy Policy applies. If you do not want HERCGAME to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use our Services.

If you are located in the United States, “HERCGAME,” or “we,” “our,” or “us” in these Terms of Service means HERCGAME Inc. and the HERCGAME Corporate Family. HERCGAME Inc. is located at 699 8th Street, San Francisco, California 94103. If you are located anywhere other than the United States, “HERCGAME,” “we,” “our,” or “us” means HERCGAME Game Ireland Limited, which has a registered office at 25-28 North Wall Quay, Dublin 1, Ireland (Ireland company number 481954; EU VAT number 9742752R). In all cases, “HERCGAME,” “we,” “our,” or “us” includes agents, consultants, employees, officers, and directors.

1. DEFINITIONS

“Account” means an account you create when you access the Services.

“Community Rules” means the rules of conduct that govern your interaction with our Services and other players, which can be found here.

“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.

“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that HERCGAME may offer from time to time to certain eligible players.

“Services” means our games, products, services, content, HERCGAME.com, and/or other domains or websites operated by HERCGAME.

“Terms of Service” or “Terms” means these terms of service.

“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.

“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-game items.

“HERCGAME Corporate Family” means HERCGAME’s subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors.

“HERCGAME Affiliates” refers to the HERCGAME Corporate Family plus HERCGAME’s and the HERCGAME Corporate Family’s third-party content providers, distributors, licensees, or licensors.

2. CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms, Community Rules, or Feature Terms at any time by posting the amended Terms, Community Rules, or Feature Terms on our sites or within the Services (such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. New versions of the Terms, Community Rules, and Feature Terms, and any other policies, codes, or rules will be accessible at www.HERCGAME.com or from within the Services. If you continue to use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

You can’t make changes to the Terms, Community Rules, or Feature Terms unless both you and HERCGAME sign a written amendment.

If you have a dispute with HERCGAME, the version of the Terms, Community Rules, and Feature Terms in effect at the time HERCGAME received actual notice of the dispute will apply to such dispute.

If the Terms or our Privacy Policy have any provisions or information that conflict with other HERCGAME terms or policies, these Terms and the Privacy Policy as applicable shall govern.

3. ACCOUNT INFORMATION AND SECURITY

In order to use our Services, we may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your name, birthdate, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with HERCGAME’s Privacy Policy.

You agree to supply HERCGAME with accurate, complete, and up-to-date information, particularly your email address.

You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.

If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.

4. USING OUR SERVICES

Who can use our Services

We are excited to have you start playing our games, but there are some limits on who can use our Services.

You may not use our Services if:

  • You cannot enter into a binding contract with HERCGAME.
  • You are under 13 years of age (or under 16, if you are located in the European Economic Area (the “EEA”)), in which case you must not create an Account, use any of our Services, or submit personal information in the Services or to HERCGAME (for example, your name, address, telephone number, or email address). This prohibition does not apply if, and only if, a HERCGAME Service has an age-gate that collects age information before allowing a user to proceed and that age-gate allows users who identify themselves as under 13 years of age (or under 16 in the EEA) to use the Service. (As described in our Privacy Policy, in those instances, we will either provide a version of that Service that does not collect, use, or disclose personal information, except where and to the extent permitted by applicable data protection laws, including without limitation the Children’s Online Privacy Protection Act, or obtain legally valid parental consent.)
  • You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
  • You are a convicted sex offender.
  • You have previously been banned from playing any HERCGAME game or using any HERCGAME Service, unless HERCGAME has reversed that ban, in its sole discretion.

If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.

Additional Important Rules and Terms

If you use our Services, you must follow the HERCGAME Community Rules and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Services from a social network, such as Facebook, or download the Services from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms.

Accessing our Services

To access or play our games or create an Account with us, you may need an account with a social network, like Facebook, and, if you are using our mobile Services, an account with the company that provides your mobile applications, like an Apple iTunes account. You may need to update third-party software from time to time to receive the Services and play HERCGAME’s Games.

We provide the games and other Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.

Service Changes and Limitations

Our Services are evolving and we may require that you accept updates to the Services as well as to the Terms, Community Rules, Feature Rules, and the HERCGAME Privacy Policy. From time to time we may make you update the game or your software to continue to use our Services. We may perform these updates remotely, including to HERCGAME software residing on your computer or mobile device, without notifying you.

HERCGAME reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, HERCGAME is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased. 

HERCGAME MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND HERCGAME IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. This does not apply to users located in the EEA. If you are located in the EEA, we will endeavor to give you at least one month’s notice of any material changes before they take effect, and if you are unhappy with those changes, you can choose to cancel your Services under these Terms.

Deleting your Account

You may stop using our Services at any time and may request that we delete your Account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account. 

5. OWNERSHIP; LIMITED LICENSE

Games and Services

The Services are comprised of works that are owned or licensed by HERCGAME, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.

So long as you abide by these Terms and any other rules, including the Community Rules and any Feature Terms, you may use the Services subject to these Terms, for your own non-commercial, entertainment purposes. You agree not to use the Services for any other purpose and agree that HERCGAME will have no liability to you for any damage or loss arising from unauthorized uses.

If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your account. In addition, you may be breaking the law, including breaches or violations of HERCGAME’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY HERCGAME GAME, IS A BREACH OF HERCGAME POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

Your Account and Virtual Items

Regardless of any other statement in these Terms, the Community Rules, or any Feature Terms that apply to features you may choose to use, you do not own any Account that you create on our Services, including in our games, and your Account is not your property. Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by HERCGAME. HERCGAME gives you a limited license and right to use your Account and the related Virtual Items while we offer the Services.

TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.

You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.

User Content

If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:

  1. accurate;
  2. not confidential;
  3. not in violation of law;
  4. not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
  5. free of viruses, adware, spyware, worms, or other malicious code;
  6. in compliance with our Community Rules.

Your User Content will be processed by HERCGAME in accordance with our Privacy Policy. You are solely responsible for securing and backing up your content.

Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but you give HERCGAME a perpetual and irrevocable (other than as provided below or in our Privacy Policy), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).

We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Community Rules, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.

HERCGAME’s license to your User Content ends when you request deletion of your Account by submitting a request through our Personal Data Request Portal as described in our Privacy Policy, with the following exceptions:

  1. User Content submitted in response to HERCGAME promotions, which will be subject to any Feature Terms or other terms of the promotion;
  2. User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and
  3. User Content subject to a separate license with HERCGAME, which will be subject to the terms of such license.

If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.

When you post, publish, or transmit your observations and comments on the Services, such as in forums, blogs, and chat features, we cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. HERCGAME IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY FORUMS, BLOGS, OR CHAT ROOMS. 

6. MONITORING USE OF SERVICES AND USER CONTENT

We have no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players. We also are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles) and User Content is not approved by us. However, if someone is violating these Terms or misusing the Services, please let us know by using the “Report Abuse” link provided in the Services or contacting us at Customer Support.

While we have no obligation to monitor the Services, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with HERCGAME or other player when you are using the Services (including without limitation your communications through in-game text or video chat). For more information, see our Privacy Policy. We may also, at our discretion, choose to edit, refuse to post, or remove any User Content. If we determine that your communications or User Content violate these Terms, Feature Terms, or Community Rules, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Services entirely.

7. YOUR DEALINGS WITH OTHER PLAYERS

You are responsible for your interactions with other players. If you have a problem with another player, we are not required to get involved, but we can if we desire.

If you have a dispute with another player, you release HERCGAME, the HERCGAME Corporate Family, and all HERCGAME Affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. This does not apply to users located in the EEA. If you are located in the EEA, your liability vis-à-vis HERCGAME is as set forth by the law applicable in the country where you reside.

If you are located in California, 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.”

We may allow you to use the Services to initiate SMS or MMS text messages to your friends, family, or other contacts. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that HERCGAME does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.

8. PAYMENT TERMS

We provide a service in the form of access to games, Virtual Items, and our other Services. In the Services you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.

How it Works

You get a limited license and right to use Virtual Items by visiting the purchase page in one of our games or Services and providing billing authorization through the platform on which you are playing (e.g., Facebook, Apple, Google).

When you make a purchase on HERCGAMEgames.com, the payment page will let you know what payment methods you can use to pay when you make your purchase. The price of the product will be the price indicated on the order page when you place your order. When your purchase is complete, we may send you a confirmation email that will have details of the items you have ordered. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records. HERCGAME keeps records of HERCGAMEgames.com transactions in order to handle any future questions about that transaction.

When you purchase Virtual Items in our games on other platforms such as Facebook, Apple, or Google, HERCGAME is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Billing Support team as described below for questions concerning refunds of purchases made through Facebook or Google.

For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Service(s) or Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins.

For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:

  1. agree that we will supply the Virtual Items to you as soon as we have accepted your order; and
  2. if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.

You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT HERCGAME 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, OR WHETHER YOU MADE A PAYMENT THROUGH HERCGAMEGAMES.COM OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW. 

Additional Payment Terms

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. HERCGAME may revise the pricing for the goods and services it licenses to you through the Services at any time.

Subscriptions are also subject to our additional Subscription Terms.

Billing Support

For billing support, please contact us through Customer Support or call our billing support team at 1-800-762-2530 (North America) or your country code + 80011551398 (all other countries). Please note that telephone support for billing-related issues and questions is available in English only. These telephone numbers are for billing-related issues and questions ONLY. The person that answers the telephone at these billing support telephone numbers will NOT be able to help you with technical issues, game play, or in-game purchasing questions. For non-billing customer assistance, you must contact us through Customer Support.

9. PROMOTIONS AND OFFERS

From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms.

In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept, any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.

10. THIRD-PARTY ADVERTISING

Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it.

Sometimes we provide links in our games or on the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services or upgrade (such as in-game currency) in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility.

We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.

Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.

11. COPYRIGHT NOTICES/COMPLAINTS

We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. For more information, please go to HERCGAME’s Copyright Page to review our Notification Guidelines. We reserve the right to terminate any player’s access to the Services if we determine that the player is a “repeat infringer.” We do not have to notify the player before we do this.

12. FEEDBACK AND UNSOLICITED IDEAS

We may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. And any idea, information, or feedback you submit to us voluntarily is subject to our Unsolicited Ideas Policy.

13. AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER

HERCGAME, the HERCGAME Corporate Family, and the HERCGAME Affiliates make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HERCGAME, THE HERCGAME CORPORATE FAMILY, AND THE HERCGAME AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. HERCGAME, THE HERCGAME CORPORATE FAMILY, AND THE HERCGAME AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.

14. LIMITATIONS; WAIVER OF LIABILITY

YOU ACKNOWLEDGE THAT HERCGAME, THE HERCGAME CORPORATE FAMILY, AND THE HERCGAME AFFILIATES ARE NOT LIABLE

(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR

(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF HERCGAME, THE HERCGAME CORPORATE FAMILY, AND/OR THE HERCGAME AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID HERCGAME, THE HERCGAME CORPORATE FAMILY, AND/OR THE HERCGAME AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID HERCGAME, THE HERCGAME CORPORATE FAMILY, OR ANY HERCGAME AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HERCGAME, THE HERCGAME CORPORATE FAMILY, AND/OR ANY HERCGAME AFFILIATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. These limitations/exclusions apply fully to New Jersey residents.

These limitations/exclusions to do not apply to users located in the EEA. For those users, if HERCGAME fails to comply with these Terms, HERCGAME is responsible for loss or damage you suffer that is a foreseeable result of HERCGAME’s breach of these Terms or is a result of HERCGAME’s negligence, but HERCGAME is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and HERCGAME at the time we entered into these Terms.

15. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.

If you are having a problem with the Services, many issues can be resolved on one of our player forums.

Before bringing a formal legal case, you must first contact our Customer Support team at https://www.HERCGAME.com/support. In the event that you and HERCGAME can’t resolve the dispute through Customer Service, you and HERCGAME both agree to arbitrate as described below.

You and HERCGAME Both Agree to Arbitrate

By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, HERCGAME, and any member of the HERCGAME Corporate Family all agree to resolve any claims relating to the Terms, Feature Terms, Community Rules, your relationship with us, or HERCGAME’s Services, through final and binding arbitration. This applies to all claims under any legal theory, unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your HERCGAME account or delete it. (In this Section 15 and in Section 17, you, HERCGAME, and any member of the HERCGAME Corporate Family may be referred to individually as “a party” or collectively as “the parties.”)

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you, HERCGAME, and any member of the HERCGAME Corporate Family all agree to give up the right to a trial before a judge and jury. Arbitrations have different rules from lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If any party disagrees about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that, too.

In addition, if you, HERCGAME, or a HERCGAME Corporate Family member brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You, HERCGAME, or the HERCGAME Corporate Family member may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing.

The Arbitration Process

The American Arbitration Association (“AAA”) will control any arbitration between you and HERCGAME or the HERCGAME Corporate Family member, and AAA’s then-current rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, will be used. You can look at AAA’s rules and procedures on their website at www.adr.org. If something in these Terms is different from AAA’s rules and procedures, then the parties agree to follow these Terms instead.

To start an arbitration proceeding, use the form on AAA’s website (www.adr.org). 

If you reside outside of the United States, arbitration may take place in the county where you reside at the time of filing. If you reside in the United States, arbitration shall be initiated in the State of California, United States of America. You and HERCGAME further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules.

Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against HERCGAME or a member of the HERCGAME Corporate Family and the value of the relief sought is ten thousand dollars ($10,000) or less, then HERCGAME will advance all filing, administrative, and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then HERCGAME will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse HERCGAME for all such cost and expenses that HERCGAME paid and that you would have been obligated to pay under the AAA rules.

Exceptions to Agreement to Arbitrate

The parties all agree that they will go to court to resolve disputes

  1. Relating to your, HERCGAME’s, or a HERCGAME Corporate Family member’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents);
  2. Relating to any violation of the Community Rules; or
  3. Within the jurisdiction of small claims courts.

For more information about which court the parties can go to for resolving these types of disputes, see Section 17 (Venue for Legal Disputes Not Subject to Arbitration).

No Class Actions

By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, HERCGAME, and the HERCGAME Corporate Family all agree that the parties can only bring a claim against each other on an individual basis.

That means: 

  1. The parties agree that neither you nor HERCGAME nor any member of the HERCGAME Corporate Family can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. 
  2. The parties agree that the arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding (unless the parties all agree to change this). 
  3. The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other HERCGAME players, and cannot be used to decide other disputes with other players. 

If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 15 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But the rest of the Terms, Feature Terms, and Community Rules will still apply.

Opting out of the Agreement to Arbitrate and Class Action Waiver

You have the right to opt out and not be bound by the arbitration and class action waiver provisions in this Section 15 by sending us written notice of your decision to opt out through Customer Support or by physical mail as stated in Notices. The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section 15. If you opt out of these arbitration provisions, HERCGAME also will not be bound by them.

Changes to Section 15 Agreement to Arbitrate and Class Action Waiver

We will give you 60-days’ notice by email or through the Services if we change this Section 15 on our Agreement to Arbitrate and Class Action Waiver. If a court or arbitrator decides that this subsection on “Changes to Section 15 on Agreement to Arbitrate and Class Action Waiver” is not enforceable or valid, then this subsection shall be severed from Section 15, and the court or arbitrator shall apply the first Agreement to Arbitrate and Class Action Waiver section in existence after you began using the Services.

Survival

This Section 15 shall survive termination of these Terms.

16. APPLICABLE LAW

If you are located in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 15 (Agreement to Arbitrate and Class Action Waiver). In addition, these Terms and our relationship will be governed by California law, except for its conflicts of laws principles.

If you are located anywhere other than the United States, these Terms and our relationship will be governed by Irish law, except for its conflicts of laws principles.

17. VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION

If you are located in the United States, judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in San Francisco, California, unless the parties agree to some other location. You, HERCGAME, and the HERCGAME Corporate Family all consent to venue and personal jurisdiction in San Francisco, California.

If you are located anywhere other than the United States, judicial proceedings must be brought in the courts of Ireland, unless the parties all agree to some other location. You, HERCGAME, and the HERCGAME Corporate Family all consent to venue and personal jurisdiction in Ireland.

18. SEPARATION OF TERMS

Each of the paragraphs of these Terms operates separately. Except as described in Section 15 under the “No Class Actions” heading, if any part of these Terms, Feature Terms, or Community Rules is not enforceable, the rest of these Terms, Feature Terms, and Community Rules still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.

19. ASSIGNMENT

We may give our rights, or our obligations, under these Terms, Feature Terms, or Community Rules to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, or Community Rules to anyone without first getting HERCGAME’s written consent, and any attempt to do so without our consent is void.

20. ENTIRE AGREEMENT

These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. This provision does not apply to users located in the EEA.

21. LANGUAGE OF THE TERMS

If we provide a translated version of these Terms, Feature Terms, Community Rules, Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies. This provision does not apply to users located in the EEA.

22. NO WAIVER

If we do not enforce our rights under these Terms, Feature Terms, or Community Rules, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, Feature Terms, or Community Rules, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

23. NOTICES

If we have to give you notice of something according to the Terms, Feature Terms, or Community Rules, we may notify you by posting a message on www.HERCGAME.comor in the HERCGAME game(s) you play, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us.

If you are located in the United States and you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and addressed to HERCGAME Inc., Attn: LEGAL DEPARTMENT, 699 8th Street, San Francisco, CA 94103, unless we have provided a more specific way of notifying us.

If you are located anywhere other than the United States, and you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and sent to us through Customer Support or addressed to: HERCGAME Game Ireland Limited, Attn: LEGAL DEPARTMENT, 25-28 North Wall Quay, Dublin 1, Ireland, unless we have provided a more specific method way of notifying us.

24. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by 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 This provision does not apply to users located in the EEA.letion of your Account. 

5. OWNERSHIP; LIMITED LICENSE

Games and Services

The Services are comprised of works that are owned or licensed by HERCGAME, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.

So long as you abide by these Terms and any other rules, including the Community Rules and any Feature Terms, you may use the Services subject to these Terms, for your own non-commercial, entertainment purposes. You agree not to use the Services for any other purpose and agree that HERCGAME will have no liability to you for any damage or loss arising from unauthorized uses.

If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your account. In addition, you may be breaking the law, including breaches or violations of HERCGAME’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY HERCGAME GAME, IS A BREACH OF HERCGAME POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

Your Account and Virtual Items

Regardless of any other statement in these Terms, the Community Rules, or any Feature Terms that apply to features you may choose to use, you do not own any Account that you create on our Services, including in our games, and your Account is not your property. Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by HERCGAME. HERCGAME gives you a limited license and right to use your Account and the related Virtual Items while we offer the Services.

TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.

You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.

User Content

If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:

  1. accurate;
  2. not confidential;
  3. not in violation of law;
  4. not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
  5. free of viruses, adware, spyware, worms, or other malicious code;
  6. in compliance with our Community Rules.

Your User Content will be processed by HERCGAME in accordance with our Privacy Policy. You are solely responsible for securing and backing up your content.

Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but you give HERCGAME a perpetual and irrevocable (other than as provided below or in our Privacy Policy), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).

We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Community Rules, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.

HERCGAME’s license to your User Content ends when you request deletion of your Account by submitting a request through our Personal Data Request Portal as described in our Privacy Policy, with the following exceptions:

  1. User Content submitted in response to HERCGAME promotions, which will be subject to any Feature Terms or other terms of the promotion;
  2. User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and
  3. User Content subject to a separate license with HERCGAME, which will be subject to the terms of such license.

If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.

When you post, publish, or transmit your observations and comments on the Services, such as in forums, blogs, and chat features, we cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. HERCGAME IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY FORUMS, BLOGS, OR CHAT ROOMS. 

6. MONITORING USE OF SERVICES AND USER CONTENT

We have no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players. We also are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles) and User Content is not approved by us. However, if someone is violating these Terms or misusing the Services, please let us know by using the “Report Abuse” link provided in the Services or contacting us at Customer Support.

While we have no obligation to monitor the Services, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with HERCGAME or other player when you are using the Services (including without limitation your communications through in-game text or video chat). For more information, see our Privacy Policy. We may also, at our discretion, choose to edit, refuse to post, or remove any User Content. If we determine that your communications or User Content violate these Terms, Feature Terms, or Community Rules, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Services entirely.

7. YOUR DEALINGS WITH OTHER PLAYERS

You are responsible for your interactions with other players. If you have a problem with another player, we are not required to get involved, but we can if we desire.

If you have a dispute with another player, you release HERCGAME, the HERCGAME Corporate Family, and all HERCGAME Affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. This does not apply to users located in the EEA. If you are located in the EEA, your liability vis-à-vis HERCGAME is as set forth by the law applicable in the country where you reside.

If you are located in California, 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.”

We may allow you to use the Services to initiate SMS or MMS text messages to your friends, family, or other contacts. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that HERCGAME does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.

8. PAYMENT TERMS

We provide a service in the form of access to games, Virtual Items, and our other Services. In the Services you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.

How it Works

You get a limited license and right to use Virtual Items by visiting the purchase page in one of our games or Services and providing billing authorization through the platform on which you are playing (e.g., Facebook, Apple, Google).

When you make a purchase on HERCGAMEgames.com, the payment page will let you know what payment methods you can use to pay when you make your purchase. The price of the product will be the price indicated on the order page when you place your order. When your purchase is complete, we may send you a confirmation email that will have details of the items you have ordered. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records. HERCGAME keeps records of HERCGAMEgames.com transactions in order to handle any future questions about that transaction.

When you purchase Virtual Items in our games on other platforms such as Facebook, Apple, or Google, HERCGAME is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Billing Support team as described below for questions concerning refunds of purchases made through Facebook or Google.

For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Service(s) or Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins.

For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:

  1. agree that we will supply the Virtual Items to you as soon as we have accepted your order; and
  2. if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.

You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT HERCGAME 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, OR WHETHER YOU MADE A PAYMENT THROUGH HERCGAMEGAMES.COM OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW. 

Additional Payment Terms

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. HERCGAME may revise the pricing for the goods and services it licenses to you through the Services at any time.

Subscriptions are also subject to our additional Subscription Terms.

Billing Support

For billing support, please contact us through Customer Support or call our billing support team at 1-800-762-2530 (North America) or your country code + 80011551398 (all other countries). Please note that telephone support for billing-related issues and questions is available in English only. These telephone numbers are for billing-related issues and questions ONLY. The person that answers the telephone at these billing support telephone numbers will NOT be able to help you with technical issues, game play, or in-game purchasing questions. For non-billing customer assistance, you must contact us through Customer Support.

9. PROMOTIONS AND OFFERS

From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms.

In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept, any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.

10. THIRD-PARTY ADVERTISING

Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it.

Sometimes we provide links in our games or on the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services or upgrade (such as in-game currency) in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility.

We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.

Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.

11. COPYRIGHT NOTICES/COMPLAINTS

We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. For more information, please go to HERCGAME’s Copyright Page to review our Notification Guidelines. We reserve the right to terminate any player’s access to the Services if we determine that the player is a “repeat infringer.” We do not have to notify the player before we do this.

12. FEEDBACK AND UNSOLICITED IDEAS

We may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. And any idea, information, or feedback you submit to us voluntarily is subject to our Unsolicited Ideas Policy.

13. AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER

HERCGAME, the HERCGAME Corporate Family, and the HERCGAME Affiliates make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HERCGAME, THE HERCGAME CORPORATE FAMILY, AND THE HERCGAME AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. HERCGAME, THE HERCGAME CORPORATE FAMILY, AND THE HERCGAME AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.

14. LIMITATIONS; WAIVER OF LIABILITY

YOU ACKNOWLEDGE THAT HERCGAME, THE HERCGAME CORPORATE FAMILY, AND THE HERCGAME AFFILIATES ARE NOT LIABLE

(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR

(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF HERCGAME, THE HERCGAME CORPORATE FAMILY, AND/OR THE HERCGAME AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID HERCGAME, THE HERCGAME CORPORATE FAMILY, AND/OR THE HERCGAME AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID HERCGAME, THE HERCGAME CORPORATE FAMILY, OR ANY HERCGAME AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HERCGAME, THE HERCGAME CORPORATE FAMILY, AND/OR ANY HERCGAME AFFILIATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. These limitations/exclusions apply fully to New Jersey residents.

These limitations/exclusions to do not apply to users located in the EEA. For those users, if HERCGAME fails to comply with these Terms, HERCGAME is responsible for loss or damage you suffer that is a foreseeable result of HERCGAME’s breach of these Terms or is a result of HERCGAME’s negligence, but HERCGAME is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and HERCGAME at the time we entered into these Terms.

15. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.

If you are having a problem with the Services, many issues can be resolved on one of our player forums.

Before bringing a formal legal case, you must first contact our Customer Support team at https://www.HERCGAME.com/support. In the event that you and HERCGAME can’t resolve the dispute through Customer Service, you and HERCGAME both agree to arbitrate as described below.

You and HERCGAME Both Agree to Arbitrate

By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, HERCGAME, and any member of the HERCGAME Corporate Family all agree to resolve any claims relating to the Terms, Feature Terms, Community Rules, your relationship with us, or HERCGAME’s Services, through final and binding arbitration. This applies to all claims under any legal theory, unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your HERCGAME account or delete it. (In this Section 15 and in Section 17, you, HERCGAME, and any member of the HERCGAME Corporate Family may be referred to individually as “a party” or collectively as “the parties.”)

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you, HERCGAME, and any member of the HERCGAME Corporate Family all agree to give up the right to a trial before a judge and jury. Arbitrations have different rules from lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If any party disagrees about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that, too.

In addition, if you, HERCGAME, or a HERCGAME Corporate Family member brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You, HERCGAME, or the HERCGAME Corporate Family member may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing.

The Arbitration Process

The American Arbitration Association (“AAA”) will control any arbitration between you and HERCGAME or the HERCGAME Corporate Family member, and AAA’s then-current rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, will be used. You can look at AAA’s rules and procedures on their website at www.adr.org. If something in these Terms is different from AAA’s rules and procedures, then the parties agree to follow these Terms instead.

To start an arbitration proceeding, use the form on AAA’s website (www.adr.org). 

If you reside outside of the United States, arbitration may take place in the county where you reside at the time of filing. If you reside in the United States, arbitration shall be initiated in the State of California, United States of America. You and HERCGAME further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules.

Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against HERCGAME or a member of the HERCGAME Corporate Family and the value of the relief sought is ten thousand dollars ($10,000) or less, then HERCGAME will advance all filing, administrative, and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then HERCGAME will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse HERCGAME for all such cost and expenses that HERCGAME paid and that you would have been obligated to pay under the AAA rules.

Exceptions to Agreement to Arbitrate

The parties all agree that they will go to court to resolve disputes

  1. Relating to your, HERCGAME’s, or a HERCGAME Corporate Family member’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents);
  2. Relating to any violation of the Community Rules; or
  3. Within the jurisdiction of small claims courts.

For more information about which court the parties can go to for resolving these types of disputes, see Section 17 (Venue for Legal Disputes Not Subject to Arbitration).

No Class Actions

By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, HERCGAME, and the HERCGAME Corporate Family all agree that the parties can only bring a claim against each other on an individual basis.

That means: 

  1. The parties agree that neither you nor HERCGAME nor any member of the HERCGAME Corporate Family can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. 
  2. The parties agree that the arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding (unless the parties all agree to change this). 
  3. The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other HERCGAME players, and cannot be used to decide other disputes with other players. 

If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 15 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But the rest of the Terms, Feature Terms, and Community Rules will still apply.

Opting out of the Agreement to Arbitrate and Class Action Waiver

You have the right to opt out and not be bound by the arbitration and class action waiver provisions in this Section 15 by sending us written notice of your decision to opt out through Customer Support or by physical mail as stated in Notices. The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section 15. If you opt out of these arbitration provisions, HERCGAME also will not be bound by them.

Changes to Section 15 Agreement to Arbitrate and Class Action Waiver

We will give you 60-days’ notice by email or through the Services if we change this Section 15 on our Agreement to Arbitrate and Class Action Waiver. If a court or arbitrator decides that this subsection on “Changes to Section 15 on Agreement to Arbitrate and Class Action Waiver” is not enforceable or valid, then this subsection shall be severed from Section 15, and the court or arbitrator shall apply the first Agreement to Arbitrate and Class Action Waiver section in existence after you began using the Services.

Survival

This Section 15 shall survive termination of these Terms.

16. APPLICABLE LAW

If you are located in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 15 (Agreement to Arbitrate and Class Action Waiver). In addition, these Terms and our relationship will be governed by California law, except for its conflicts of laws principles.

If you are located anywhere other than the United States, these Terms and our relationship will be governed by Irish law, except for its conflicts of laws principles.

17. VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION

If you are located in the United States, judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in San Francisco, California, unless the parties agree to some other location. You, HERCGAME, and the HERCGAME Corporate Family all consent to venue and personal jurisdiction in San Francisco, California.

If you are located anywhere other than the United States, judicial proceedings must be brought in the courts of Ireland, unless the parties all agree to some other location. You, HERCGAME, and the HERCGAME Corporate Family all consent to venue and personal jurisdiction in Ireland.

18. SEPARATION OF TERMS

Each of the paragraphs of these Terms operates separately. Except as described in Section 15 under the “No Class Actions” heading, if any part of these Terms, Feature Terms, or Community Rules is not enforceable, the rest of these Terms, Feature Terms, and Community Rules still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.

19. ASSIGNMENT

We may give our rights, or our obligations, under these Terms, Feature Terms, or Community Rules to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, or Community Rules to anyone without first getting HERCGAME’s written consent, and any attempt to do so without our consent is void.

20. ENTIRE AGREEMENT

These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. This provision does not apply to users located in the EEA.

21. LANGUAGE OF THE TERMS

If we provide a translated version of these Terms, Feature Terms, Community Rules, Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies. This provision does not apply to users located in the EEA.

22. NO WAIVER

If we do not enforce our rights under these Terms, Feature Terms, or Community Rules, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, Feature Terms, or Community Rules, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

23. NOTICES

If we have to give you notice of something according to the Terms, Feature Terms, or Community Rules, we may notify you by posting a message on www.HERCGAME.comor in the HERCGAME game(s) you play, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us.

If you are located in the United States and you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and addressed to HERCGAME Inc., Attn: LEGAL DEPARTMENT, 699 8th Street, San Francisco, CA 94103, unless we have provided a more specific way of notifying us.

If you are located anywhere other than the United States, and you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and sent to us through Customer Support or addressed to: HERCGAME Game Ireland Limited, Attn: LEGAL DEPARTMENT, 25-28 North Wall Quay, Dublin 1, Ireland, unless we have provided a more specific method way of notifying us.

24. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by 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 This provision does not apply to users located in the EEA.HercGame’s mission is to connect the world through games. We deliver fun, social entertainment experiences to people around the world. In pursuit of our mission, we collect and use certain information from our players. Being transparent about our use of players’ information and respecting their privacy is incredibly important to HercGame.

This Privacy Policy applies when you use our Services (described below). Please read it before using HercGame’s Services because it will tell you how we collect, store, use, and disclose your personal information when providing these Services to you.

If you have questions, comments, or concerns regarding our Privacy Policy or practices, please Contact Us.

1. Introduction

HercGame offers a variety of online and mobile games. Our Privacy Policy applies whenever you use our “Services,” which means our games, products, services, content, HercGame.com, and/or other domains or websites operated by HercGame. It describes the ways we use your information and your rights and choices concerning your information.

HercGame develops and publishes social games for web and mobile devices. “HercGame,” “we,” “our,” or “us” in this Privacy Policy refers to HercGame Inc. and any other corporate entities under common ownership with HercGame Inc., including without limitation HercGame Game Ireland Limited (“Affiliated Entities”).

For purposes of data protection laws, if you are located in the United States, HercGame Inc. is the “data controller” of your personal information. If you are located anywhere other than the United States, HercGame Game Ireland Limited is the “data controller” of your personal information. We will refer to countries in the European Union (EU) and the European Economic Area (EEA) and Switzerland collectively as the “European Countries” in this Privacy Policy.

This Privacy Policy applies whenever you use our “Services,” which means our games, products, services, content, HercGame.com, and/or other domains or websites operated by HercGame. It describes how we collect, store, use, and disclose your personal information when providing these Services to you, and your rights and choices concerning your information. The Privacy Policy’s sections are listed and hyperlinked in the Table of Contents above for easier navigation.

If you do not want HercGame to collect, store, use, or share your information in the ways described in this Privacy Policy, you may not play HercGame’s games or use HercGame’s other Services.

2. Information We Collect and How We Collect It

We’ll collect and store any information that you provide to us, including when you create your account or a player profile.

Information About You That You Share With Us Directly

When you use our Services, you may give us information directly (like when you’re setting up your account), and we’ll store that information on our systems and use it for the purposes described in this Privacy Policy.

Some games or parts of our Services may use a more traditional registration or account set-up process where you may be asked to give us information like:

  1. your first and last name;
  2. your username;
  3. your gender;
  4. your age or birthday;
  5. your e-mail address;
  6. a password; and/or

other information that helps us make sure it’s you accessing your account or helps us improve our services.

We may also let you create a player profile that other HercGame players can see. Your player profile may include information like:

  1. your profile photo;
  2. your first and last name;
  3. your game username;
  4. your gender;
  5. your biographic details (like your age or age range);
  6. the approximate physical location information that you provide;
  7. links to your profiles on various social networks;
  8. details about the games you play; and/or
  9. a HercGame player ID that is created by HercGame and used to identify your game account (on HercGamegames.com, your HercGame player ID will appear in the URL of your profile page).

If you give us your mobile telephone number (including for SMS text messaging services), we will also collect and store that number.

Information About Your Contacts

We’ll collect information that you provide to us about your contacts, but be sure to ask their permission first.

We may give you the ability to import your address book contacts or to manually enter them so that you can locate your contacts using HercGame Services and invite them to join you in our games or other aspects of our Services. You are responsible for getting your contacts’ permission before you give their contact details to us. We may also get information about you from other HercGame users importing or entering their contacts. We use and may store this contact information to help you and your contacts connect through our Services. If you want to remove your contacts stored by us, follow any instructions provided in the Service to request that we remove them from our systems or Contact Us. If you need to enter a password to allow us to access your address book, we will not store that password.

Information You Generate Using Our Services

We’ll collect information about the ways you use and interact with our Services.

When you use our Services, we’ll collect information about the ways in which you use and interact with our Services, such as when and for how long you play our games, game features and other players you interact with, purchases you make, progress or levels you achieve, and other gameplay activities.

If you choose to use communication features in HercGame Services that allow you to communicate or share information with other players, then we’ll collect information on what is communicated or shared. This includes:

your participation in player forums and message boards;

your public posts or comments on other players’ profiles or gameboards;

your non-public messages or invitations to other players, made either directly on our websites or through in-game mechanisms;

your chats with other players (whether by instant message, live chat, or video); and/or

your posted photos, drawings, or other user-generated content.

We may access in real-time, record, and/or store archives of these communications, comments, photos, drawings, and other user-generated content on HercGame’s servers to make use of them to protect the safety and well-being of our players; to protect HercGame’s rights and property in connection with our Services; to conduct research; to operate, improve, personalize, and optimize our Services and our players’ experiences, including through the use of analytics; and to manage and deliver advertising. Where required by law, we will seek your consent for this.

Payment Information

We’ll collect information related to any purchases you make.

If you purchase in-game virtual currency or items in a game you play on HercGamegames.com, our third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address, and financial information. HercGame’s payment processors do not share your financial information, like credit card numbers, with HercGame, but they may share non-financial information with us related to your purchases, like your name, billing address, and the items purchased.

When you play HercGame’s games or access any of our other Services on connected third-party applications or platforms (like Facebook, Apple, Google, or Amazon), any purchases you make will be processed by that third-party application and subject to that third-party application’s terms of service and privacy policy. For these purchases, HercGame does not receive your financial information, but may receive non-financial information related to your purchases, like your name, approximate physical location, and the items purchased. The information HercGame receives depends on the HercGame game you’re playing and the third-party application. HercGame’s Terms of Service explain our policies and terms related to charges, billing, third-party credits, and virtual currencies. Please note that purchases of third-party credits or currencies are also subject to those parties’ terms of service and privacy policies.

Customer Support Correspondence

We’ll keep a record of any correspondence between us.

When you ask for help from our Customer Support team, we will collect and store the contact information you give them (generally, your name and e-mail address), information about your game play or activity on our Services, and your HercGame player and/or social network ID number. We will also store the communications you have with our Customer Service team and any additional information in those communications in order to provide support and improve the Services.

Information About You That We Get From Connected Third-Party Applications, Including Social Networks

We’ll collect some information from other companies, including social networks, if you access our games through your accounts with those companies or you choose to connect your accounts with those companies to our games.

If you play HercGame’s games or access any of our other Services on connected third-party applications or connect our Services to any third-party applications, including social networks like Facebook, HercGame may receive certain information about you from the provider of the third-party application. The information we receive depends on the HercGame game you’re playing, the third-party application, your privacy settings, and, if applicable, your friends’ privacy settings on that third-party application.

For example, HercGame may collect and store some or all of the following information from the provider of the connected third-party application:

  1. your first and last name;
  2. your profile picture or its URL;
  3. your user identification number (like your Facebook ID number), which may be linked to publicly-available information like your name and profile photo;
  4. your friends’ user ID numbers and other public data;
  5. the e-mail address you provided to that third-party application;
  6. your approximate physical location and that of the devices you use to access our Services;
  7. your gender;
  8. your birthday, age, and/or age range;
  9. information about your activities on or through the connected third-party application;
  10. other publicly-available information on the third-party application; and/or
  11. any other information that you or the provider of the third-party application share with HercGame.

If you access our Services from a third-party application or connect our Services to a third-party application, you should also read that third-party application’s terms of service and privacy policy.

If you are unclear about what information a third-party application is sharing with us, please go to the third-party application to find out more about their privacy practices.

Cookies and Other Automated Information Collection

We’ll collect information about your device and how you use our Services, including using cookies.

As further described in our Cookie Notice, we use cookies and other similar technologies (e.g., beacons, pixel tags, clear gifs, and device identifiers) to recognize you and/or your device(s) on, off, and across different Services and devices. We also allow others to use cookies and similar technologies as described in our Cookie Notice. You can control or opt out of the use of cookies and similar technologies that track your behavior on the sites of others for third-party advertising, as described in our Cookie Notice.

We, our service providers, and our business partners use these cookies and other similar technologies to collect and analyze certain kinds of technical information, including:

  1. IP address;
  2. the type of computer or mobile device you are using;
  3. platform type (like Apple iOS or Android);
  4. your operating system version;
  5. your mobile device’s identifiers, like your MAC Address, Apple Identifier For Advertising (IDFA), and/or Android Advertising ID (AAID);
  6. application performance and de-bugging information;
  7. your browser type and language;
  8. referring and exit pages, and URLs;
  9. the number of clicks on an app feature or web page;
  10. the amount of time spent on an app feature or web page;
  11. domain names;
  12. landing pages;
  13. pages viewed and the order of those pages; and/or
  14. game state and the date and time of activity on our Services.

In some cases, we will connect the above information with your social network ID or HercGame user ID.

If you play HercGame games on a mobile device, in addition to your device identifiers (described above), we may also collect:

  1. the name you have associated with your device;
  2. your country;
  3. your telephone number (if you provide it);
  4. your specific geolocation (with your permission);
  5. your mobile contacts (with your permission, as described further in Information About Your Contacts); and/or
  6. information about the HercGame games and other third-party apps you have on your device.

If you want to adjust your privacy preferences on your device, please see How to Access, Update, and Manage Your Personal Information.

Other Sources

We may collect information from other third-party sources. Where we do, we’ll let you know.

We may collect or receive information about you from other sources like third-party information providers. We use this information along with information you provide us directly, for example, to help you and your friends connect or to serve you advertising more tailored to your interests.

3. How We Use Information We Collect and Our Legal Bases for Processing It

We use your information to provide, personalize, maintain the security of, and improve the Services you use; to maintain our business operations; and to exercise, defend or establish our rights.

We use your information under several legal bases, including to perform our contract with you, for our legitimate business interests, to comply with our legal obligations, or otherwise with your consent.

The main use of the information we collect and store is to provide you with the Services you request from us and to improve your gaming experience, but there are other uses as well. The uses for which we collect and store your information include:

to improve and optimize our Services and our players’ experiences;

to create your game accounts and allow you to play our games;

to identify and suggest connections with other HercGame players and personalize our Services to you;

to communicate with you about the Services you’re using, including in-game updates, new Services, and promotional offers that we think might be of interest to you;

to enable players to communicate with each other;

to provide technical support and respond to player inquiries;

to protect the safety and well-being of our players;

to protect HercGame’s rights and property in connection with our Services;

to prevent fraud or potentially illegal activities, and to enforce our Terms of Service;

to manage and deliver contextual and behavioral advertising;

to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners;

to comply with our legal obligations, resolve any disputes we may have with you or other players, and to enforce our agreements with third parties; and/or

to conduct research.

If you are located in the European Countries (defined above in Section 1), our legal basis for collecting and using the information described above depends on what the information is and the context in which we collect it.

However, we’ll normally collect information from you only where we need it to perform our contract with you (i.e., our Terms of Service), where the processing is in our legitimate interests (provided that these aren’t overridden by your interests or rights), or if we otherwise have your consent.

In some cases, we may also have a legal obligation or need to collect information from you or may otherwise need the personal information to protect your vital interests or those of another person (for example, another player).

If we ask you to provide information to comply with a legal requirement or to perform a contract with you, this will normally be clear from the context in which we are asking you to provide your information (for example, when we ask you to provide a username to access our Services, this will be to create an account for you in accordance with our Terms of Service), and, if not, we will provide an explanation to you at the relevant time. We will also make clear whether providing information is mandatory.

Similarly, if we collect and use your information in reliance on our legitimate interests (or those of any third party), it will be made clear to you at the relevant time what those legitimate interests are (such as personalizing our services and marketing, for example).

If you have questions or need further information about the legal bases on which we collect and use your personal information, please Contact Us.

4. How We Share Information

We’ll share your information with third parties when you use our Services under the circumstances described in this section.

We’ll share some of your information with your friends and other HercGame players that you’re playing with to facilitate your gaming interactions with them.

We may share your information, including personal information, with third parties or allow third parties to collect this information from our Services in the following circumstances:

Friends and Other HercGame Players

HercGame’s games and Services support and often encourage you to interact with other players. In most HercGame games, if you play through a social network or connect to a social network (for example, Facebook), your social network friends who also play a HercGame game will see your name, photo, player profile (which may include the information described above in Information About You That You Share With Us Directly), and descriptions of your in-game activity (including any HercGame games you have played).

In addition, in many HercGame games, other players, regardless of whether they are your social network friends, will be able to see your player profile (as described above); view descriptions of your in-game activity; communicate with you within our Services; and send you game requests or friend requests through our Services or the related social network. For example, in HercGame Poker, when you are playing at a table, all the other players at the same table can see your player profile and send you an in-game chat message.

Third-Party Advertising Including Behavioral Advertising and Analytics

We’ll share some of your information with advertisers to tailor the advertisements you see when you use our Services to your interests and to enable us to offer some of our Services for free.

We use advertising to enable us to offer some of our games, game features, and other Services for free. These advertisements may include, without limitation, banner ads on game boards or Services themselves, as full-screen ads between moves or games, or through an “offer wall” in which third-party advertisers offer to provide virtual currency or other in-game items to players in exchange for watching an advertisement or for completing a task, such as signing up for an account with one of the advertisers, completing a survey, or finishing a particular game level. Offer walls are hosted by third-party offer wall providers, and the offers are made by third-party advertisers, not by HercGame.

We do not actively share personal information that directly identifies you with third-party advertisers for their direct marketing purposes unless you give us your consent.

To enable advertisers, ad networks, and offer wall providers to serve you with more relevant ads, they may collect, or we may collect and share with them, the following types of information when you use our Services:

performance data (like the number of clicks on an advertisement);

certain technical information (like IP address, non-persistent device identifier such as IDFA, and de-identified persistent device identifier such as a hashed Android ID);

a unique identifier, such as your social network ID or HercGame player ID; and/or

other contextual data about your game play (like your level and session length).

In addition to serving you with relevant ads, the information collected may be used to:

measure how effective ads are;

offer you targeted advertising (both on and off our Services) in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as interest-based advertising or behavioral advertising); and/or

undertake web analytics to analyze traffic and other player activity to improve your experience.

Advertisers or ad networks may collect this information through the use of cookies and other similar tracking technologies, and they may use a single tracking technology or multiple tracking technologies at the same time.

Please note, after clicking on a third-party advertisement or offer, you may no longer be on a site or app controlled by HercGame or the social network through which you are playing HercGame’s games.

If you do not want to receive tailored in-application advertisements from third parties, please see How to Access, Update, and Manage Your Personal Information. For more information on controlling the use of cookies and similar technologies, please see our Cookie Notice. Please note that the practices of third-party companies delivering advertisements on our Services are subject to those companies’ own privacy policies.

Safety, Security, and Compliance with Law

We’ll share your information if necessary for safety, security, or compliance with law.

Your information, and the contents of all of your online communications in our Services and between you and HercGame may be accessed and monitored as needed to provide our Service and may be disclosed:

to satisfy any laws or regulations that apply;

when we have a good faith belief that we have to disclose the information in response to lawful requests by public authorities, including for national security, law enforcement, or legal process purposes (for example, a court order, search warrant, or subpoena);

when we believe in our sole discretion that our Services are being used in committing a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and other security precautions;

when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally; and/or

to protect the rights or property of HercGame or applicable third parties, including to enforce our Terms of Service.

Third-Party Service Providers

We’ll share your information with the third-party service providers and business partners that we work with to bring you our Services.

We will share your information with third-party companies who perform services on our behalf, like payment processing, analytics, analysis, hosting services, customer service, marketing, and advertising optimization. We will also share your information with our third-party business partners who assist us in delivering and optimizing our Services, such as our platform partners (Apple, Google, Facebook, Amazon, etc.). Where we share your information with third-party service providers and business partners, we ensure that we have appropriate agreements in place to protect your information (as required by applicable data protection laws).

Sale or Merger

We’ll share your information with the interested party if we undergo or evaluate undergoing a sale or merger.

In the event that HercGame undergoes or evaluates undergoing a business transition, like a merger, acquisition by another company, or sale of all or part of its assets (like selling a game), we may disclose or transfer all of your information, including personal information, to the successor organization in the transition. We will make reasonable efforts to let you and other players know (in the way described in Changes to Our Privacy Policy) of the business transition before transferring your personal information.

Other Third Parties

We may share some of your information with other third parties if we have your consent to do so.

In addition to the sharing described above, we may share your information with other third parties or allow them to collect your information from our Services in some ways not specifically described in this Privacy Policy if we have your consent to do so.

5. Your Rights and How to Access, Update, and Manage Your Personal Information

European Countries’ Users’ Rights

If you’re a user located in the European Countries, you have certain rights with respect to your personal information.

If you are located in the European Countries (defined above in Section 1), you have the following data protection rights:

You can access or request deletion of your personal information by submitting a request through our Personal Data Request Portal.

You can correct or update your personal information, object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.

You can opt-out of marketing communications we send you by following the instructions in “Opting Out of Promotional Communications from HercGame” below.

If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority (Contact details are available here.)

To exercise your rights to access or deletion, please submit a request through our Personal Data Request Portal. If you have any problems with the Portal or would like to exercise any of your other rights, you can Contact Us. We respond to all data protection requests we receive in accordance with applicable data protection laws.

Accessing and Deleting Personal Information Held by HercGame

You can request a copy of or deletion of your game account data through our Personal Data Request Portal.

To review and update personal information associated with your HercGame player profile in certain games, visit the “settings” page in that game.

If you want to review or delete personal information associated with your game account data, please submit a request through our Personal Data Request Portal. If you have any problems with the Portal, please Contact Us.

For deletion requests, we will take reasonable measures to delete your personal information from our records. If you have sent content through or posted content on the Service, we may not be able to delete it. We will keep certain records (e.g., personal information relating to payments or customer service matters) where we need (and have rights) to, such as for legal or accounting purposes. We’ll also keep information in order to exercise, defend, or establish our rights.

Managing Personal Information We Receive From Third-Party Applications / Platforms And From Your Mobile Device

To manage the information we receive from third-party applications or platforms and from your mobile device, use the tools and settings provided by the third-party application and your mobile device.

To manage the information HercGame receives about you from a third-party application or platform where you play our games, like Facebook, Apple, Google, or Amazon, you will need to follow the third-party application’s instructions for updating your information and changing your privacy settings. The privacy management tools for applications on Facebook can be found here.

You also can manage many aspects of information collection and use from your mobile device by visiting the “settings” page of your mobile device or web browser and reviewing the access permissions of each HercGame game / application.

To the extent that one of our games is collecting information about non-HercGame applications you have on your mobile device, the game will provide you with an option to stop making that information available to us in the game’s “settings” page.

Once HercGame receives your information from a third-party application / platform or your mobile device, that information is stored and used by HercGame in accordance with this Privacy Policy. You may access and update that information as described above.

Opting Out of Promotional Communications from HercGame

You can unsubscribe from promotional emails by clicking the “unsubscribe” link or visiting our Email Settings page. You can opt out of mobile push notifications in your device’s settings page. You can opt out of SMS text communications by texting STOP.

If you want to stop receiving promotional e-mails from HercGame, click on the “unsubscribe” link at the bottom of any promotional email from HercGame or visit our Email Settings page. Your unsubscribe request or e-mail preferences change will be processed promptly, and in no event longer than ten business days. During that processing period, you may receive additional promotional emails from us.

If you want to stop receiving push notifications, which are messages an app sends you on your mobile device even when the app is not on, you can turn off push notifications by visiting your mobile device’s “settings” page. Many of our games also offer the ability to turn off push notifications in the in-game “settings” page.

You can opt out of receiving SMS text messages by texting back STOP to the number we send the text from for that particular SMS text messaging program or by Contacting Us. When we receive an opt-out message from you for SMS text messages, we may send a text message confirming receipt.

Please note that if you opt out of receiving promotional communications from us, we may still communicate with you from time to time if we need to provide you with information about the Services you are using from us, if we need to request information from you with respect to a transaction initiated by you, or for other legitimate non-marketing reasons, for example, if we update this Privacy Policy or our Terms of Service.

Opting Out of Third-Party Behavioral Advertising

You can opt out of third-party behavioral advertising through your device settings and other third-party opt-out tools.

If you are interested in more information about behavioral advertising and your choices to prevent behavioral web and mobile web advertising from third parties, you may visit the following websites:

Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page for U.S.-based advertising; and

Your Online Choices website for EU-based advertising.

If you do not want to receive behavioral in-application advertisements from third parties that relate to your interests on your mobile device, you may adjust the ad tracking settings on your device (such as turning on “Limit Ad Tracking”). You can also reset the “Advertising Identifier” (such as an IDFA) from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to your previous “Advertising Identifier.” Further, depending on the platform provider (such as Apple or Google), you may be able to download apps, such as the Digital Advertising Alliance’s “AppChoices” app, that offer to provide you with control regarding the collection and use of cross-app data for behavioral advertising.

All of the opt-out tools described in this subsection are provided by third parties, not by HercGame. HercGame does not control or operate these tools or the choices that advertisers and others provide through these tools.

Please note that you may still receive third-party advertisements in HercGame’s Services after using these opt-out tools, but the advertising you see may be less relevant to your interests.

6. California Online Privacy Protection Act Notice

We don’t respond to Do Not Track signals.

At this time, there is no general agreement on how companies like HercGame should interpret Do Not Track signals. HercGame does not currently respond to Do Not Track signals, whether that signal is received on a computer or on a mobile device. You can learn more about Do Not Track here.

7. Privacy Policies of Linked Third-Party Services and Advertisers

We aren’t responsible for the ways in which third parties use your information (other than our service providers acting under our instructions).

Our websites and games may contain advertisements from “Third-Party Services,” meaning companies other than HercGame, that may link to their own websites, online services, or mobile applications. We are not responsible for the privacy practices or the content of these Third-Party Services. If you have any questions about how these Third-Party Services use your information, you should review their policies and contact them directly.

8. Our Policies Concerning Children

We seek to ensure that we do not collect information from children.

Generally speaking, most of our Services are not intended for children under the age of 13 (or under 16 for children located in the European Countries) (collectively, “Children”). Children are not permitted to use these Services, and we do not knowingly collect any personal information from Children.

Though our Services do not target Children as the primary audience, we may collect age information before allowing a user to proceed for certain Services. For users who identify themselves as Children in our age-gate on such Services, if we allow Children to use the Services, we will either provide a version of that Service that does not collect, use, or disclose “personal information” (as defined in the Children’s Online Privacy Protection Act (“COPPA”)), except as permitted by COPPA, or obtain legally valid parental consent.

If we learn that we have inadvertently gathered personal information that is not subject to a COPPA exception from a Child, we will take reasonable measures to promptly remove that information from our records.

9. International Operations and Transfers Out of European Countries

When you use our Services, your personal information may be sent to the United States and possibly other countries. When we transfer, store, and use personal information collected in the European Countries outside of the European Countries, we comply with our legal obligations and ensure that your personal information is subject to suitable safeguards or transferred to “approved” territories.

IMPORTANT: When you use our Services, your personal information may be sent to the United States and possibly other countries.

As part of our international operations, we may transfer personal information to our “Affiliated Entities,” which are any other corporate entities under common ownership with HercGame Inc., or to our business partners and service providers from time to time for our legitimate business purposes. For example, HercGame Inc. provides certain services to its Affiliated Entities.

We store personal information about players and visitors to our sites on servers located in the United States, and we may also store this information on servers and equipment in other countries. Personal information collected in the European Countries may be transferred to, and stored at, a destination outside of the European Countries. The data we hold may also be processed by employees operating outside of the European Countries who work for us, one of our Affiliated Entities, or one of our business partners or service providers. This staff may be engaged in, among other things, (i) the processing of transactions and your payment details, or (ii) the provision of support services. When we transfer your personal information internationally we will take reasonable steps to ensure that your personal information is treated securely, lawfully, and in the manner we describe here. Please note that laws vary from jurisdiction to jurisdiction, so the privacy laws applicable to the places where your information is transferred to or stored, used, or processed in, may be different from the privacy laws applicable to the place where you are resident.

The HercGame entities and subsidiaries listed in our Privacy Shield certification record, accessible here are certified under the EU-U.S. Privacy Shield, effective as of the date our certification posted here. We adhere to the relevant Privacy Shield Principles for all personal information received from participating European countries in reliance on the Privacy Shield framework.

Participating European countries’ residents should direct any questions, concerns or complaints regarding HercGame’s handling of personal information or compliance with the Privacy Shield to HercGame at:

Privacy Shield Specialist

HercGame Inc.

699 8th Street

San Francisco, CA 94103

You may exercise any rights you have to correct, amend, or delete information about you as described in Your Rights and How to Access, Update, and Manage Your Personal Information.

When HercGame receives personal information under the Privacy Shield and then transfers it to a third-party service provider acting as an agent on our behalf, HercGame has certain liability under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield, and (ii) HercGame is responsible for the event giving rise to the damage.

With respect to personal information received or transferred pursuant to the Privacy Shield Framework, HercGame is subject to the investigatory and enforcement powers of the Federal Trade Commission.

10. How Long We Keep Your Information

We’ll keep your information for as long as necessary to provide you with the Services, maintain our legitimate business operations, and/or exercise, defend or establish our rights.

How long we retain your personal information depends on why we collected it and how we use it, but we will not retain your personal information for longer than is necessary for our business purposes or for legal requirements.

We will retain personal information about you and connected with your account and/or the Services you use from us for as long as you have an active account with us. We will take reasonable measures to delete this personal information if you delete your account. However, you acknowledge that we may retain some information after you have closed, or we have deleted, your account with us where necessary to enable us to meet our legal obligations or to exercise, defend, or establish our rights.

11. Security of Your Information

We work hard to protect your information but you also have a role to play.

We implement reasonable and appropriate security measures to help protect the security of your information both online and offline and to ensure that your data is treated securely and in accordance with this Privacy Policy. These measures vary based upon the sensitivity of your information.

If you have an account registered directly with HercGame, your profile information is protected by the password you use to access your HercGame account. It is important that you protect and maintain your HercGame account’s security and that you immediately tell us of any unauthorized use of your account. If you forget the password to your HercGame account, the Services allow you to request that instructions be sent to you that explain how to reset your password. If you access our Services through a social network and your social network account is hacked or otherwise compromised, this may lead to someone accessing or deleting your HercGame game accounts without your permission. So, be careful to keep your social network account information, including your social network account password, secure as well. We urge you to log out of your HercGame account and any social network account you have used to access our Services when you are finished using them.

When you sign into your HercGame account or enter payment information, we and our third-party payment processor use encryption to transmit that information.

While we take precautions against possible security breaches of our Services and our customer databases and records, no website or Internet transmission is completely secure. We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, and we cannot guarantee the security of your information while it is being transmitted to our Service. Any transmission is at your own risk. If you have questions about the security of our websites, please Contact Us.

12. Changes to Our Privacy Policy

We’ll let you know about any material changes to this Privacy Policy.

If we decide to make material changes to our Privacy Policy, we will tell you and other players by placing a notice in-game or on www.HercGame.com, or by sending you a notice to the e-mail address we have on file for you before the change becomes effective (and we will ask for your consent where required by law). We may supplement this process by placing notices on game blogs, social network pages, and/or player forums. You should periodically check www.HercGame.com and this Privacy Policy for updates.