By using this website or downloading any of High Mood's mobile games from app
stores, you accept the following Terms of Use. If you do NOT agree to all these
Terms of Use, please do NOT use this website or download and play any of our mobile
games.
The Terms of Use are written in English and can be translated into other languages
at the discretion of High Mood. However, the English version is legally binding and
takes precedence in case of contradictions between the English version and its
translation.
1.1. "Account" means a personal High Mood
account registered by the User to use the Services.
1.2. "High Mood Support Service" refers to the
customer support service provided by High Mood or authorized third parties on behalf
of High Mood to offer end-user support services. Users can contact the High Mood
Support Service via the support portal.
1.3. "Service/Services" means any High Mood's
digital product, e.g., Website, Mobile Games, or other services, including any
available information or content. Content may include any intellectual property,
e.g., databases, trademarks, software, text, design, graphics, video-/audio
materials, films, messages, pictures, architecture, etc.
1.4. "User" means the user of any Service. The
User can also be referred to as "you" or "your" in these Terms of Use. If you do not
agree to these Terms of Use, you should not use any of the Services, and, at the
same time, you cannot be deemed a User in the meaning of this definition.
2.1. Age Restrictions
2.1.1. The Services are not available to Users
under 18 years old (or whichever other age may be required to accept this document
according to the laws of your country of residence), except with parental or legal
guardian consent for their child's use. By accepting the Terms of Use and utilizing
the Services, you confirm that you are at least 18 years old. High Mood may adjust
or restrict the Services for Users of different ages in compliance with local laws.
Parents or legal guardians must supervise their Accounts to limit minor access,
denying access to those under 18 years old.
2.1.2. High Mood may request age verification
for Users at its reasonable discretion.
2.2. General Terms of Use
2.2.1. Certain Services may be unsuitable for
those with epilepsy, seizures, or other conditions necessitating health precautions.
Users must determine if Services pose a risk to their health and cease using them if
so. Consult medical professionals before engaging with the Services.
2.2.2. Users who High Mood previously banned
for violating the Terms of Use may not use the Services.
2.2.3. Services may be updated or altered
without User consent or notification. High Mood reserves the right to cease
providing Services at any time, permanently or temporarily, without compensation or
refund.
2.2.4. In some countries, Services might be
unavailable. High Mood holds the right to restrict Service access in particular
regions. In such cases, the Terms of Use are deemed non-applicable in these areas.
Consequently, no obligations shall arise in these situations.
2.2.5. High Mood may provide free technical
support for Services at its discretion or when reasonable. Users acknowledge that
technical support, maintenance, or other factors may cause Service inaccessibility
and outages, which are considered typical and do not impact Service quality.
3.1. Account Registration
3.1.1. Generally, to access the Services Users
need to create an Account and supply the information as outlined in High Mood's
Privacy Policy.
3.1.2. In specific cases, Users may log in
through a third-party system if permitted by the Mobile Game functionality (for
example, via Facebook Login, Sign in with Apple or Google Sign-In authorization
options).
3.1.3. A "guest (demo) account" may be
available for certain Mobile Games if expressly allowed by High Mood. This limited
account is for demonstration purposes and does not include a separate username or
password. Authorization is provided through the device used (mobile phone, tablet,
etc.).
3.1.4. Users are solely responsible for
providing accurate information and keeping it up-to-date in accordance with Privacy
Policy. Users are prohibited from providing information related to third parties,
false identities, or any information that violates third-party rights or applicable
laws.
3.2. Account Usage Rules
3.2.1. Users shall not create multiple
Accounts.
3.2.2. Users are responsible for keeping their
Account credentials confidential and preventing unauthorized access. They must
immediately notify High Mood of any breach or misuse of their Account.
3.2.3. Users cannot sell, rent, exchange, or
give away an Account.
3.2.4. Services and Accounts are only intended
for non-commercial, personal, and lawful use.
3.2.5. Users acknowledge that they have no
ownership or proprietary rights in the Account. High Mood provides access to the
Account solely to deliver Services.
4.1. Grant of License
4.1.1. High Mood hereby grants you the right
to store, download, install, execute, and display the latest version of the
applicable Mobile Game client for the compatible platforms specifically designed for
the Mobile Games, solely for the purpose of playing the Mobile Games.
4.1.2. This license relates only to the Mobile
Games client that High Mood intentionally made available for download, installation,
and launch. You are not permitted to store, download, modify, or use any part of the
Mobile Game that does not constitute its client, including but not limited to any
backend part (server-side) of the Mobile Games and In-Game Content. The license
allows you to interact with non-client parts only as technically enabled by High
Mood within the Mobile Games, and High Mood reserves the right to change the methods
of such technical interaction.
4.1.3. The license granted to you under the
Terms of Use is:
1. non-exclusive: you are not the only User (licensee), and High Mood may grant the
same or different licenses to its Mobile Games to others;
2. for personal use only: you can use the Mobile Game only on your device (used
primarily for personal purposes and by you), and your use of the Mobile Game
explicitly excludes any commercial or non-personal use;
3. limited: you can use the Mobile Games only for the purposes and by means provided
in the Terms of Use;
4. revocable: High Mood can terminate the license in certain instances, as outlined
in Section 8 of the Terms of Use;
5. non-transferable: the license is granted only to you, and you cannot assign,
sublicense, or transfer it to any other person or entity.
4.1.4. Mobile Games are licensed, not sold.
This means you do not acquire any property or other rights to a digital copy of any
Mobile Game unless otherwise mandated by applicable law. You are also not granted
any rights that are not expressly stated in the Terms of Use.
4.1.5. You do not have the right to and may
not create derivative works of any Mobile Games or any portions thereof. All
modifications or enhancements to the Mobile Games remain the sole property of High
Mood.
4.2. License Term and Territory
4.2.1. The license starts when you accept the
Terms of Use and lasts until it is suspended or terminated, as stated in Section
8.
4.2.2. You can use the Mobile Game worldwide
unless High Mood specifies otherwise on the official Website, the Mobile Game
client, a physical copy, or other means.
5.1. All rights to the Services and associated
intellectual property rights, including ownership, are held by High Mood or are
provided by High Mood with proper authorization.
5.2. If the User wants to access certain
Services, such as Mobile Games, they must accept the Terms of Use, which govern the
usage of these Services. Users must not engage in any activities that infringe upon
High Mood's intellectual property rights or use any part of the Services for
unintended purposes.
5.3. You acknowledge that the Mobile Games
contain various components protected by intellectual property and trade secret laws.
You also understand that High Mood commercially operates Mobile Games at its
discretion. High Mood may employ technical measures (e.g., DRM tools, anti-cheat
solutions) to prevent unauthorized usage to safeguard its intellectual property and
other rights. These measures ensure compliance with the Terms of Use and verify the
authenticity of the Mobile Games.
6.1. These Terms of Use apply to your posting
and sharing of any words, pictures, images, data, video, information, or any other
media you upload, post, or share via Services ("User-Generated Content").
6.2. The User acknowledges that:
1. Services contain User-Generated Content submitted by Users over whom High Mood
has no entire or overwhelming control;
2. it is impossible for High Mood to fully and effectively moderate, oversee or
monitor the Services, in particular, to monitor whether any User-Generated Content
infringes the copyright or any other legal right of a third party;
3. High Mood does not undertake to permanently oversee, monitor, or pre-moderate any
of Services and cannot, therefore, guarantee the accuracy, integrity, or quality of
any particular User-Generated Content;
7.1. High Mood may grant the User a limited,
non-transferable, non-exclusive, revocable right to use test versions of Services to
identify issues and help improve their functionality. User participation in Service
testing is subject to the Terms of Use.
7.2. Tests are free and personal, and sharing
access (or the right to access) to the Services with third parties is forbidden. Any
information (including comments, ideas, or other feedback) obtained or provided by
the User during closed tests is strictly confidential. The User must not disclose
any Service-related information obtained during closed testing, including
functionality, gameplay, and plot information. The User must also refrain from
sharing screenshots, screen recordings, information about errors, streaming
gameplay, or disclosing any other information about the Services. This
confidentiality agreement is indefinite or as long as permitted by applicable
law.
7.3. Test versions of the Services may be
withdrawn at any time at High Mood's discretion, and the User's progress,
achievements, in-game items, and other data may be lost. Service testing is provided
on an "AS IS" basis, and High Mood offers no warranty of any kind, neither express
nor implied, to the User.