THE TERMS OF
THE TERMS OF SERVICE
THE RELATIONSHIP BETWEEN THE USER AND HIGHCORE LABS LLC
REGARDING THE USER’S USE OF HIGHCORE LABS LLC’S SERVICES IS GOVERNED BY THIS AGREEMENT AND
OTHER RELEVANT HIGHCORE LABS LLC’S POLICIES.
IF THE USER INSTALLS, USES OR ENTERS THE SERVICE
OTHERWISE, IT MEANS THAT THE USER ACCEPTS THE TERMS OF THIS AGREEMENT. OTHERWISE THE USER
MUST NOT INSTALL, USE OR ENTER THE SERVICE IN ANY OTHER WAY.
- Definitions. Capitalized terms shall have the meaning set forth as below:
- HIGHCORE – HighCore Labs Limited Liability Company. EIN: 82-0659412, Address: 6801
Collins Ave., CPH12 Miami Beach, FL, 33141
- Agreement – shall mean these Terms of Service;
- Account – an account created by the User in the Service; the User shall make
reasonable efforts to ensure the Account’s security, especially the User shall not
share the Account or password. If the User suspects that the Account is not secure,
including but not limited to its loss or theft, the User shall notify HIGHCORE and
change the Account’s information required to log in. The User is fully responsible
for any use of the Account, including but not limited to any purchases, whether
authorized by the User or not. Any username may be at any time removed or reclaimed
by HIGHCORE for any reason, especially but not limited to occurrence of third
party’s claims that a username may violate that party’s rights. Only one Account per
game is supported on a device;.
- Intellectual Property Rights – means all and any data, information, video, graphics,
sound, music, photographs, software, any other materials or content (in whatever
format), copyrights as well as all computer code or scripts, whether compiled or not
in any computer language or program, all patents, utility models, trademarks,
know-how, trade names, domain names, rights in logo and get-up, inventions, all
rights in computer software and data, databases, confidential information, trade
secrets design rights (whether registered or unregistered) and semiconductor
topographies and all intangible rights, privileges and forms of protection of a
nature or having a similar effect to any of the above which may subsist anywhere in
- Platform – means third party distribution platform (e.g. IOS, Android) on which
HIGHCORE distributes the Services;
- Restricted Content – means any content or term that:
- promotes or is related to illegal activities (illegal drugs, phishing,
terrorism, criminal activities, contests, pyramid schemes or chain letters
- promotes or is related to tobacco, gambling or weapons;
- is related to pornographic or obscene material;
- is related to excessively graphic or explicit violence;
- is defamatory, inappropriate or profane;
- is discriminatory or constitutes “hate speech”, whether directed at an
individual or a group, and whether based upon the race, sex, creed, national
origin, religious affiliation, sexual orientation or language of such
individual or group;
- promotes or contains viruses, worms, corrupted files, cracks or other
materials that are intended to or may damage or render inoperable software,
hardware or security measures of HIGHCORE, any User, or any other third
- Service – use of HIGHCORE’s games and related services;
- SNS – Social Networking Site, such as Facebook or Google+;
- User – a person who uses the Services;
- User Content – shall mean all the non-personal data that the User uploads,
transmits, creates, generates, posts, publishes or shares on or through the
Services, including but not limited to pictures, videos messages, files, in-game art
or any other content. The User’s Content shall be accurate and in compliance with
any laws and this Agreement and shall not include non-confidential information,
Restricted Content or viruses, adware, spyware, worms or other harmful codes, files
- Virtual Item – shall mean: i) virtual currency, including without limitation virtual
coins, cash, tokens, or points, all for use in the Services and ii) virtual in-game
items; whether earned in a game or purchased from HIGHCORE.
- Our games are intended to be played by adults and we do not knowingly collect, and
do not wish to collect information about children. Creating an Account or entering
the Service is not permitted for persons under the age of 13. The User shall deny
access to the Service to children under the age of 13. The User shall be fully
liable for any unauthorized use of the Service by minors, including payment
instruments, such as credit card or online payments system, such as PayPal.
- If the User’s age is between 13 and 17, it is the User’s legal guardian who has to
review and agree to this Agreement. If the User access the Service from an SNS, the
User shall comply with its terms of service/use as well as this Agreement.
- It is prohibited to:
- use the Service if the User has been previously removed or banned from
playing any HIGHCORE’s game by HIGHCORE;
- create an Account using a false identity or information or on behalf of
someone other than User;
- purchase, sell, rent or give away the User’s Account;
- use the Account for commercial purposes or to advertise, solicit, transmit
commercial advertisements, including chain letters, junk or spam e-mail or
repetitive or misleading messages to anyone.
- Amendments of the Agreement. HIGHCORE at its sole discretion has the right to make any
amendments of this Agreement and other relevant HIGHCORE’s policies at any time. The amended
version shall be published on the HIGHCORE’s Services. If the User continues to use the
Services, that shall be considered as the User’s consent to the said amendments. The User
shall be informed about the changes, If the User does not agree to the said amendments, the
User’s license terminates immediately and the User must not use the Service any longer.
- Limited License. Upon this Agreement and other relevant HIGHCORE’s policies,
HIGHCORE grants the User a non-exclusive, non-transferable, non-sublicensable,
revocable and limited license to access and use the Service for the User’s own
non-commercial, entertainment purposes. The User must not use the Service for any
- License Limitations. Unless the User comply with License Limitations, it is
prohibited to use the Service and HIGHCORE may revoke the User’s license.
Furthermore, the User shall be liable for any breach of law. Under no circumstances
the User shall not:
- violate any law, including but not limited to intellectual property law;
- perform any actions against the community of users, the HIGHCORE’s
employees, HIGHCORE itself, the spirit or intent of the Service or misuse
HIGHCORE’s Services; including but not limited to posting, publishing,
uploading or sharing any information, photo or video that can be understood
as Restricted Content or violating good manners.
- modify or interfere with the Service by using, directly or indirectly,
cheats, exploits, automation software, bots, hacks, mods or any other
unauthorized third-party software;
- harm the Services, HIGHCORE’s computers and servers and other users,
including but not limited to overburdening the servers, any attack,
including distribution of a virus, gaining unauthorized access to the
Service or to any other data protected by HIGHCORE, especially personal
data, manipulating Services and its rankings or taking advantage of errors
in the Service or modifying any files constituting the Service without
HIGHCORE’s prior written consent.
- HIGHCORE may at its sole discretion decide what misconduct shall be considered as
violating this Agreement and take suitable actions, including deleting the User
Content, termination of the User’s Account, prohibiting the User from using the
Service or take any other actions allowed by the law.
- Termination of Account and Service
Notwithstanding with HIGHCORE’s other remedies, if
HIGHCORE considers that the User violates this Agreement or law, HIGHCORE may at its own
discretion limit, suspend, terminate, modify or delete Accounts, access to the Service or
parts of it. HIGHCORE shall not be obliged to compensate the User loss of the Account,
Virtual Items and other benefits and privileges relating to use of the Services and lost due
to aforementioned HIGHCORE’s decision. HIGHCORE may also take other technical and legal
steps to prevent the User who violates this Agreement or law to access the Service, if
HIGHCORE considers that the User’s actions violate any laws and third parties rights,
including but not limited to Intellectual Property Rights and create risk of possible legal
actions against HIGHCORE or its affiliates.
Any Account inactive for 180 days may be
terminated by HIGHCORE at its sole discretion.
HIGHCORE has the right to stop supporting
or offering the Service at any time and for any reason. In that case the User’s license is
immediately terminated. HIGHCORE shall not be responsible to compensate the User any loss of
benefits, privileges or funds that may derive from the Service’s discontinuation.
User may terminate the User’s Account at any time and for any reason by informing HIGHCORE
that the User wishes to terminate the Account. Please contact us at: email@example.com
- Ownership. HIGHCORE is owner and shall have all rights, title and interest, including but
not limited to all Intellectual Property Rights or other proprietary rights in connection
- Games and Service – including without limitation any games, titles, computer code,
themes, objects, characters, character names, stories, dialogue, catch phrases,
concepts, artwork, animations, sounds, musical compositions, audio-visual effects,
methods of operation, moral rights, documentation, in-game chat transcripts,
character profile information, recordings of games played using a HIGHCORE game
client, and the HIGHCORE game clients and server software.
- Accounts – the User shall have no ownership or other proprietary interest in the
- Virtual Items – the User shall have no right or title in or to any content that
appears in the Service.
- User Content
The User warrants that the User Content comply with this Agreement and any
laws, including but not limited to Intellectual Property Rights. The User agrees that the
User Content will be processed by HIGHCORE in accordance with its policies.
the right to monitor, record or store the User’s interactions with the Services, HIGHCORE or
other players while the User is using the Services (including without limitation
communications through in-game text or video chat). HIGHCORE may also edit, refuse to post,
or remove any User Content.
However, HIGHCORE shall not be liable for any User Content;
the only subject liable for the User Content is the User. The User uses the Services for the
User’s own risk. HIGHCORE shall not be responsible in particular for monitoring the User’s
content or conduct. Notwithstanding with HIGHCORE’s other remedies set forth in this
Agreement or by law, the User shall compensate to HIGHCORE any damages deriving from the
User Content, including but not limited to these arising of other User’s compensation,
decisions of court, government or other suitable authorities.
License to User Content
hereby grants HIGHCORE an irrevocable, perpetual, transferable, fully paid-up, royalty-free,
worldwide license (including the right to sublicense and assign to a third party) to the
User Content. The said license entitles HIGHCORE to use the User Content for any purpose,
including marketing and promotion of the Service on all fields of exploitation known at the
time of authorization, in particular on the following:
- any recording and reproduction (including the insertion into the computer or other
device memory), production of copies, by any technique, including printing,
reprographic, magnetic, mechanical, optical, electronic or other, by analogue or
digital technique, in any system or format; on any media, including audio or video
media, paper or similar, photosensitive, magnetic, optical, discs, memory bones,
computer media and other storage media and memory;
- any transactions with the User Content’s original and copies made in accordance with
point 1 – placing them on the market, renting, lending;
- any other distribution, including:
- any broadcasting and rebroadcasting, including by means of a wired or
wireless vision or sound, by land stations, via satellite, cable,
telecommunications or multimedia systems or other transmission systems
(including simulcasting or webcasting), in an uncoded manner or coded, in an
open or closed circuit, in any technique (including analog or digital),
system or format, with or without the possibility of recording, including
text, multimedia, Internet, telephone or telecommunications services;
- any public access to the User Content in such a way that everyone can access
it in a place and time of their choice, including the introduction of User
Content to IT networks, in particular to the intranet and the Internet, to
make the User Content available in such networks, as well as through
stations terrestrial, via satellite, cable, telecommunications or multimedia
networks, databases, servers or other devices and systems, including third
parties, in an open or closed circuit, in any technique, system or format,
with or without the possibility of recording on a medium, also within the
services mentioned in letter “a”;
- any public performance, display, exhibition,
- and in relation to User Content computer program layer also in the following fields of use:
- permanent or temporary duplication of the software in whole or in part, by any means
and in any form;
- distribution, including lending or rental of software or a copy thereof.
- HIGHCORE may therefore in particular copy, reproduce, fix, adapt, modify, create derivative
works from, manufacture, commercialize, publish, distribute, sell, license, sublicense,
transfer, lease, transmit, publicly display, publicly perform, or provide access to
electronically, broadcast, communicate to the public by telecommunication, display, perform,
enter into computer memory, and use and practice, in any way, the User Content and all
modified works and works which derive from the User Content
On the basis of the given
consent by User, HIGHCORE can use and exploit the User’s name, likeness and any other
information or material included in any User Content and in connection with any User
Data Protection Regulation (GDPR) (EU) 2016/679.
User hereby waives or undertakes not to
perform any rights of attribution and/or any moral rights the User may have in the User
Content, regardless of whether the User Content is altered or changed in any manner unless
it is prohibited by applicable law.
HIGHCORE does not claim any ownership rights in the
User Content and nothing in this Agreement is intended to restrict any rights that the User
may have to use and exploit the User Content.
- Interactions. HIGHCORE is not responsible for the User’s interactions with other Users and
third parties. In particular HIGHCORE is not responsible, but reserves its right to get
involved in disputes arising from the use of the Services. If the User suspects unlawful,
harmful or other improper activity of the other users, the User shall contact HIGHCORE. In
case of the User’s disputes with other users, BoomBit shall be released from any claims,
demands and damages arising of these disputes.
- In-Services Purchase Terms
While using the Service, the User may purchase a limited,
personal, non-transferable, non-sublicensable and revocable license to „virtual currency”,
in-game items (together with virtual currency, the „Virtual Items”) and other goods and
services. HIGHCORE may revise pricing for any reason and at any time. Only HIGHCORE and its
partners are authorized to sell the Virtual Items and other goods and services. HIGHCORE and
its affiliates shall not be liable for Virtual Items and other goods and/or services’
purchase from third parties.
Virtual Items and other goods or services may be modified,
eliminated, managed, regulated or controlled by HIGHCORE at any time, for any reason. No
User’s rights arise from such activity.
Unless it is expressly authorized in the Service,
the User must not transfer Virtual Items and other goods and services relating to the
All purchases and redemptions of Virtual Items and other goods and services
made through the Service are final and non-refundable. The User is not entitled to a refund
for any reason, including but not limited to unused Virtual Items and other goods and
services or the Account’s termination.
The User agrees to pay all fees and applicable
taxes incurred by the User or anyone using an Account registered to the User.
- Subscription. Some parts of the Services and/or Virtual Items may be billed on a
subscription basis (“Subscription”). Subscription provides access to dynamic content or
services from within the Services on an ongoing basis. Subscriptions may be available at
different fees chargeable for a set period of time specified in the Services (“Subscription
Period”). Payment will be billed on the User’s Platform account when User confirms the
Subscription by available confirmation tools within the Services.
Trial Subscription is
offered free of charge for certain period of time from activation specified in the relevant
offer in the Services. In case the User does not cancel the Subscription within such period,
Subscription Fee shall be taken from User’s relevant Platform account when the trial period
expires. User’s Subscription begins immediately after the activation of a trial
Subscription, not after the seven-days trial period. User may cancel a Subscription during
its free trial period using the relevant Subscription settings of User’s account in the
Platform. HIGHCORE cannot cancel your free-trial subscription if it has already been
Subscription is automatically renewable, unless the User turns such
Subscription off at least 24 hours before the expiry of the current Subscription.
Subscription Fee shall be taken from User’s relevant Platform account during 24 hours
preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken
from User’s Platform account due to absence of monetary funds, invalidity of credit card or
for any other reasons, Subscription shall be automatically cancelled.
Once the User has
purchased a Subscription, User can manage it and switch off automatic renewal at any time
after the purchase in the settings of User’s Platform account. User cannot cancel User’s
current Subscription if it has already been activated.
Except when required by law, paid
Subscription Fees are final and non-refundable. User is not entitled to a refund for any
reason, including but not limited to unused Virtual Items and other goods and services
relating to the Subscription or the Account’s termination.
HIGHCORE in its sole
discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will
become effective at the end of the current Subscription period. User will be provided a
reasonable prior notice of any change in Subscription Fee. If User does not take action to
agree to the increase in Subscription Fee, such User’s Subscription shall expire at the end
of the current Subscription period.User acknowledges and agrees that all billing and
transaction processes are handled by relevant Platform operators, and are governed by such
Platforms’ terms and conditions. If the User has any payment related issues, such User need
to contact the relevant Platform operator directly. HIGHCORE shall not be a party to such an
agreement between the User and Platform operator and shall not be liable for any obligations
or damage rising thereof.
- Updates. To provide the Service’s proper performance, HIGHCORE at its sole discretion, has
the right to update its Service without prior notification. To continue using of the
HIGHCORE’s Services the User must accept these updates, including updates of third parties’
software from time to time.
- No Warranties. HIGHCORE does not warrant that its Services will be accessible for User
at the times or locations chosen by the User, are error-free or free of viruses or other
harmful components, as well as HIGHCORE does not warrant that its Services will suit the
User’s purpose of use.
- Limitation of liability
As far as it is permitted by law, HIGHCORE is not liable to the
User for any damages, including loss of revenues, lost profits, data, business interruption
or other unless these damages arise from HIGHCORE’s gross negligence or willful misconduct
or from death or personal injury arising from HIGHCORE’s any negligence or fraud. This
Agreement does not affect any statutory rights of consumer.
The User undertakes to
indemnify, defend and hold HIGHCORE (and its officers, directors, agents, subsidiaries,
joint ventures and employees) harmless from any claim, demand, damages or other losses,
including reasonable attorneys’ fees, asserted by any third party resulting from or arising
out of the User’s use of the Service, or any breach by the User of this Agreement. For the
avoidance of doubt, the foregoing does not apply if the infringement of rights is not
attributable to the User’s intentional or negligent behavior.
- Governing Law and Dispute Resolution
This Agreement and any dispute arising out of it or
United States. Any claim arising out of it shall be resolved exclusively by the competent
court having jurisdiction in the US ,unless the law in your country of residence allows you
to choose the courts of that country for the dispute in question.
In case of any dispute
arising between the User and HIGHCORE, the User is strongly encouraged first to contact
HIGHCORE directly to find a resolution by sending an email to firstname.lastname@example.org
illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such
provision shall, as to such jurisdiction, be ineffective solely to the extent of such
determination of invalidity or unenforceability and no other provision will be affected.
- Right to transfer. HIGHCORE may transfer this Agreement or relevant policies, in whole or in
part, at any time and to any person or entity without the User’s consent. However, HIGHCORE
prior written consent is required for the User’s rights or obligations transfer made by the
User to be valid.
- Additional Policies. HIGHCORE may publish additional policies related to its Services. The
User must agree and comply with these policies to use theServices.
- Entire Agreement. This Agreement, together with any documents referred to in it (if any),
constitutes the entire agreement and understanding between HIGHCORE and the User and
supersedes any previous agreements or understandings of the parties hereto relating to the
subject matter hereof, whether electronic, oral or written, or whether established by
custom, practice, policy or precedent.
- No Waiver. If HIGHCORE fails or delays to enforce its rights under this Agreement or other
policies, it shall not preclude HIGHCORE from taking legal or other actions to enforce its
rights. Any prior failure or delay shall not constitute a defense. Any waiver of HIGHCORE to
enforce its rights shall be made in writing to be valid and applies only to certain rights,
the waiver does not apply for any future claims, demands or damages, unless it is expressly
- Notices. HIGHCORE may notify the User via HIGHCORE’s website (www.highcore.io), the User’s e-mail or using any
other contact information provided by the User. All notices given by the User or required
from this Agreement or HIGHCORE’s other policies, shall be made via HIGHCORE’s website.
- Force Majeure. HIGHCORE shall not be liable and shall be excluded from performing if such
performance hereunder is interfered with by any condition beyond HIGHCORE’s reasonable
control, including acts of God, labor disputes, or other industrial disturbances, electrical
or power outages, utilities or other telecommunications failures, earthquake, storms or
other elements of nature, blockages, embargoes, riots, acts of orders of government,
pandemics, acts of terrorism or war.
- Right to change. HIGHCORE reserves the right to make changes to this Agreement, if
necessary, in particular for legal reasons or in connection with changes in the services
provided. In the event of such a circumstance, the User shall be informed and HIGHCORE shall
publish the current wording of the Agreement with the date of amendments on highcore.io.