Terms of Service
Last updated 21 July 2026
Welcome to PocketHaven Games! The following Terms of Service (these “Terms”) govern your play of, use of, access to, or participation in, the games, applications, websites, and other services, including but not limited to, the community forums, our discord community server, blogs, various API services, Accounts (defined below), and communication services that we may offer from time to time (collectively, the “Services”) made available by PocketHaven Games Ltd. (“PocketHaven Games”, “we,” “our,” or “us”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES, INCLUDING BROWSING ANY POCKETHAVEN GAMES WEBSITE OR ACCESSING A GAME. WE WOULD LIKE TO DRAW YOUR ATTENTION IN PARTICULAR TO THE PROVISIONS THAT ARE IDENTIFIED IN CAPITAL LETTERS AND THE IMPORTANT TERMS THAT THEY CONTAIN, WHICH HAVE THE POTENTIAL TO AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY DOWNLOADING, INSTALLING, ACCESSING OR USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, PLEASE DO NOT DOWNLOAD, INSTALL, ACCESS OR OTHERWISE USE OUR SERVICES.
IF YOU ACCESS OR DOWNLOAD A MOBILE APPLICATION OR GAME THROUGH THE APPLE APP STORE, GOOGLE PLAY OR ANOTHER THIRD-PARTY STOREFRONT, PORTAL, DEVICE MANUFACTURER, SOCIAL NETWORK, OR DISTRIBUTION PLATFORM (EACH, A “PLATFORM PROVIDER”), YOU ACKNOWLEDGE AND AGREE THAT: (A) THESE TERMS ARE BETWEEN YOU AND POCKETHAVEN GAMES ONLY, AND NOT WITH THE APPLICABLE PLATFORM PROVIDER; (B) THE PLATFORM PROVIDER IS NOT RESPONSIBLE FOR THE SERVICES, THEIR CONTENT, MAINTENANCE, SUPPORT, OR ANY CLAIMS RELATING TO THEM, EXCEPT TO THE EXTENT REQUIRED UNDER THAT PLATFORM PROVIDER’S APPLICABLE TERMS OR BY LAW; (C) YOUR USE OF THE SERVICES MUST COMPLY WITH ALL APPLICABLE THIRD-PARTY PLATFORM TERMS AND ACCEPTABLE USE RULES; (D) THE PLATFORM PROVIDER MAY ENFORCE ITS OWN TERMS WITH RESPECT TO YOUR USE OF THE SERVICES; AND (E) TO THE EXTENT REQUIRED BY AN APPLICABLE PLATFORM PROVIDER’S TERMS, THAT PLATFORM PROVIDER IS AN INTENDED THIRD-PARTY BENEFICIARY OF THESE TERMS SOLELY AS THEY RELATE TO YOUR USE OF THE SERVICES ON THAT PLATFORM.
WE RESERVE THE RIGHT TO, AT ANY TIME, MODIFY OUR SERVICES; OFFER OPPORTUNITIES TO SOME OR ALL USERS OF THE SERVICES; CHARGE, MODIFY, OR WAIVE ANY FEES REQUIRED TO USE THE SERVICES; OR SUSPEND OR TERMINATE PROVIDING ALL OR PART OF OUR SERVICES. YOU ACKNOWLEDGE THAT POCKETHAVEN GAMES MAY PERFORM THESE UPDATES REMOTELY AND AGREE THAT POCKETHAVEN GAMES MAY UPDATE THE SERVICES WITH OR WITHOUT NOTIFYING YOU. YOU HAVE THE RIGHT TO STOP USING OUR SERVICES AT ANY TIME, AND YOU MAY TERMINATE THESE TERMS BY CLOSING YOUR ACCOUNT (DEFINED BELOW), UNINSTALLING ALL APPS, AND OTHERWISE CEASING USE OF OUR SERVICES.
1. ELIGIBILITY
Age. You must be a natural person and, subject to the Minors sub-section below, an adult of the legal age of majority in your country, province and/or state of residence to use and access the Services and anything that may be accessible or available through the Services or related to the Services via third-party platforms. You must further be an adult of the legal age of majority in your country, province and/or state of residence to register for an Account (defined below) or transmit or post any User Generated Content (defined below) on or through any of the Services. By using our Services, you affirm that you are an adult of the legal age of majority in your country, province and/or state of residence.
Minors. In no event will you be able to install, use, or otherwise access the Services (including creating an Account) if you are under the age of thirteen (13). If you are at least thirteen (13) years of age but under the legal age of majority in your country, province and/or state of residence (“Minor”) but you wish to install, use or otherwise access the Services, then your parent or legal guardian will be required to provide their consent in order for you to install, use or otherwise access the Services. For additional clarity, if you are under the age of thirteen (13), you may not install, use, or otherwise access the Services even if you have the consent of your parent or legal guardian. We may impose different age requirements for specific games, features, or regions and may require age verification, age-gating, parental consent verification, or additional eligibility confirmation in our sole discretion to the extent permitted by applicable law. If you circumvent any age or eligibility restriction and install, use or otherwise access the Services in violation of this restriction, you are still deemed to have agreed to these Terms.
Parental Consent. If you are a Minor, you must review these Terms and the Privacy Policy with your parent or legal guardian. If you are the parent or legal guardian of a Minor who wishes to install, use or otherwise access the Services (including creating an Account) and you provide your consent to them doing the same, then you agree to be bound by these Terms on your behalf and on behalf of such Minor in respect of your and such Minor’s use of the Services and anything that may be accessible or available through the Services or related to the Services via third-party platforms. You understand and agree that you will be solely responsible for such Minor’s full compliance with these Terms, and all uses and actions of such Minor in using the Services whether or not any particular use was authorized by you, including being responsible for any purchases made by such Minor.
WE MAY CLOSE YOUR ACCOUNT IMMEDIATELY WITHOUT NOTICE TO YOU IF WE DISCOVER OR SUSPECT THAT YOU DON’T MEET THE AGE REQUIREMENTS.
Parental Control Protections. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
You agree that the information you provide when you register to use the Services will be true and accurate and kept up to date by you. Our Privacy Policy, which covers how we collect, use, share, store or otherwise process your personal information, is incorporated herein by reference. By using the Services, you consent to the use of your personal information including but not limited to your email address for contacting you pursuant to our Privacy Policy.
3. ACCOUNTS
We may require you to create an account with PocketHaven Games to access parts of the Services. If you create an account with us, you must: (a) not share or permit others to use your individual account credentials; (b) promptly update any information contained in your account if it changes; (c) use a strong password for your account that is unique to our Services and not used by you in any other website or online service (note that PocketHaven Games does not currently have an option to login with password; and currently allows account access only through third-party authentication services, including Google and Apple.); and (d) maintain the security of your account, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You acknowledge that PocketHaven Games does not control, and is not responsible for, the security practices, availability, or operation of such third-party authentication services. Your use of third-party authentication services is subject to the applicable Platform Provider’s terms of service and privacy policies.
YOU MAY NOT PURCHASE, SELL, RENT, TRANSFER, OR OTHERWISE DISPOSE OF YOUR ACCOUNT TO ANY OTHER PERSON OR ENTITY, NOR MAY YOU CREATE AN ACCOUNT USING A FALSE IDENTITY, UNDER THE IDENTITY OF ANOTHER PERSON, OR ON BEHALF OF ANYONE OTHER THAN YOURSELF. WE RESERVE THE RIGHT TO REJECT, REQUIRE THAT YOU CHANGE, OR RECLAIM USERNAMES AT ANY TIME AND FOR ANY REASON, INCLUDING IN RESPONSE TO CLAIMS THAT A USERNAME VIOLATES A THIRD PARTY’S RIGHTS. YOU AGREE THAT POCKETHAVEN GAMES HAS THE RIGHT IN ITS SOLE DISCRETION TO SUSPEND OR TERMINATE YOUR USER ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES OR ANY PORTION OF THE SERVICES AT ANY TIME IF YOU ARE IN VIOLATION OF THESE TERMS.
4. USE OF SERVICES
PocketHaven Games wants all users to have a positive and fair playing experience while using the Services. When using the Services, you agree not to (a) engage in the creation, distribution, promotion, or use of unauthorized software or tools, including auto programs, macros, cheat utilities, hacks, and mods, that are intended to provide an unfair advantage or otherwise alter the intended gameplay experience; or (b) exploit, share, or promote information about game errors, glitches, bugs, or any technical malfunctions that can result in an unintended advantage, such as accessing one-time promotions more than once; or (c) engage in any harassing, threatening, intimidating, predatory, or stalking conduct. You will also not engage in account boosting, unauthorized account sharing, or any activity intended to artificially increase account progression, rankings, rewards, or other game-related benefits. You may not buy, sell, rent, transfer, trade, or otherwise dispose of your account or Virtual Items, except as expressly permitted by PocketHaven Games. You may not manipulate rankings, matchmaking systems, leaderboards, rewards, or other game mechanics in a manner that provides an unfair advantage. You may not engage in fraudulent payment activity, including unauthorized transactions, payment manipulation, or abuse of refund or chargeback processes.
You must notify PocketHaven Games immediately if you become aware of any security vulnerabilities, exploits, cheating activity, or other conduct that may negatively affect the Services or other users. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair any PocketHaven Games server, or the network(s) connected to any PocketHaven Games server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any PocketHaven Games server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Without derogating from any other restrictions in these Terms, unless otherwise explicitly permitted by PocketHaven Games in writing, you may not, whether by yourself or anyone on your behalf: (a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile or disassemble any portion of the Services or publicly display, reproduce, create derivative works of, perform, distribute, or otherwise use Services or any material in connection therewith including without limitation text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, and other features available on the Services; (c) reverse engineer or attempt to extract the source code of the Services we provide, (d) use the Services for any illegal, immoral, unlawful or unauthorized purposes; (e) use the Services other than as specifically permitted in these Terms including without limitation: distribute, resell or offer the Services for rent or lease or offer any of the above to the public in any manner, or integrate any of the above within a service of your own, sell, license, or otherwise exploit the Service ; (f) interfere with or disrupt the operation of the Services, or the servers or networks that host them, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (h) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that PocketHaven Games endorses you or your organization, or any statement you make, or present false or inaccurate information about the Services; (i) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our online-platform infrastructure, as determined, at our sole discretion; (j) bypass or go around any measures we may use to prevent or restrict access to the Services; (k) transmit or otherwise make available in connection with the Services any virus, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (l) access or use any of the Services to design or develop a similar or competitive offering; or (m) infringe or violate any of these Terms.
5. VIRTUAL ITEMS
THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. UNLESS WE EXPRESSLY STATE OTHERWISE IN WRITING FOR A SPECIFIC SERVICE, THE SERVICES DO NOT OFFER REAL-MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY, CASH-EQUIVALENTS, OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF MONETARY VALUE CAN BE WON THROUGH ORDINARY GAMEPLAY, AND NO ACTUAL MONEY IS REQUIRED TO PLAY, ALTHOUGH SOME SERVICES MAY OFFER THE OPPORTUNITY TO PURCHASE VIRTUAL ITEMS AS DESCRIBED BELOW.
You may only purchase Virtual Items if you are legally permitted to do so under applicable laws in your country of residence. If you are a minor, purchases must be made only with the involvement and consent of a parent or legal guardian where required by applicable law.
You acknowledge that the Services may include a component of fictional in-game virtual goods and items (collectively, “Virtual Items”) for use exclusively within the Services and/or associated with your Account. Virtual Items may be purchased, earned, or otherwise obtained through the Services or through other channels expressly authorized by PocketHaven Games. You are not required to purchase Virtual Items, and certain Virtual Items may also be earned or obtained through gameplay or other methods made available within the Services. The Virtual Items may only be used for the specific game for which it was purchased unless we indicate otherwise at the time of purchase. Virtual Items are licensed, not sold. Subject to your compliance with these Terms, PocketHaven Games grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use Virtual Items solely within the Services and only for the purposes permitted by PocketHaven Games. You acknowledge that you do not acquire any ownership, title, or proprietary interest in any Virtual Items, regardless of any consideration paid or other value provided in connection with such Virtual Items..
You acknowledge and agree that Virtual Items have no cash value and cannot be exchanged for real currency or anything of monetary value, except where required by applicable law. If your Account and limited license to such Account is terminated, suspended or otherwise modified or if your right to access the Services is terminated, you will lose access to the Virtual Items associated with your Account. Purchases of Virtual Items are final and non-refundable except where refunds are required by applicable law or expressly provided by PocketHaven Games. You will not receive money, credit, or other compensation for unused Virtual Items upon closure, suspension, or termination of your Account, whether such closure is voluntary or involuntary, except where required by applicable law. PocketHaven Games’ obligation with respect to purchased Virtual Items shall be deemed fulfilled once such Virtual Items are delivered, credited, or otherwise made available to your Account.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT POCKETHAVEN GAMES MAY, FROM TIME TO TIME, MODIFY, REBALANCE, ADJUST, UPDATE, OR OTHERWISE CHANGE THE ATTRIBUTES, CHARACTERISTICS, FUNCTIONALITY, ABILITIES, STATISTICS, EFFECTIVENESS, AVAILABILITY, OR OTHER ASPECTS OF ANY VIRTUAL ITEMS, INCLUDING VIRTUAL ITEMS THAT YOU HAVE PURCHASED, EARNED, OR OTHERWISE OBTAINED. Such changes may result in a Virtual Item becoming more or less effective, valuable, or useful than it was when acquired. These changes may be made, among other reasons, to correct errors, address unintended gameplay interactions, prevent imbalances, maintain appropriate progression, improve gameplay, or ensure fair and balanced gameplay among users. You acknowledge that such changes are part of the ongoing operation and development of the Services and do not entitle you to any refund, reimbursement, replacement, or other compensation except where required by applicable law.
Furthermore, to the extent these Terms say otherwise and to the extent permitted by applicable laws, PocketHaven Games shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to Virtual Items, including the deletion of Virtual Items upon the termination of your Account (including without limitation, due to your violation of these Terms), expiration of your Account, or our reasonable changes to the Services.
At its discretion, PocketHaven Games reserves the right to charge fees for the right to access or use Virtual Items, and/or may distribute Virtual Items without charge. To the extent permitted by applicable laws, prior to any purchase by you of applicable Virtual Items, you acknowledge and agree that PocketHaven Games may revise or take action that impacts the design, amount, and distribution of any Virtual Items and/or any Services at any time in its sole discretion.
Virtual Items may not be sold, resold, transferred, assigned, traded, lent, gifted, or otherwise disposed of except where expressly permitted through the Services. Any attempted transfer or transaction involving Virtual Items outside the Services is prohibited and void. If PocketHaven Games discontinues, modifies, removes, or suspends any Service, game, feature, or Virtual Item, you acknowledge that you may lose access to related Virtual Items without any obligation by PocketHaven Games to provide replacement Virtual Items, refunds, reimbursement, or other compensation except where required by applicable law.
6. TRANSACTIONS; RETURNS, REFUNDS, AND EXCHANGES
Before completing a transaction in the Services (e.g., to purchase a license to a Virtual Item), You may be required to provide PocketHaven Games or its designated agent with your credit card number or other billing information, and related information, related to your transactions for the Services, including through third-party platforms, or for your participation in any third-party offers. PocketHaven Games is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions for the Services, including through third-party platforms (like the Apple App Store or Google Play Store or on a website or application such as facebook.com), or for your participation in any third-party offers. Such transactions may be administered by a third-party payment processor, platform and/or store; and PocketHaven Games expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third-party processor, platform store, payment provider or merchant of record designated by PocketHaven Games. PocketHaven Games is not a party to any agreement between you and such third party and, except as required by applicable law, disclaims any responsibility or liability for the processing of payments, billing, refunds, chargebacks, credit card or bank-related charges or fees, or other transaction-related matters handled by such third party.
Transactions completed through a Platform Provider may also be subject to additional terms, conditions, and policies (including terms of service or privacy policies) of the applicable Platform Provider. Certain transactions may also be processed by a third-party payment provider acting as the merchant of record (the “Merchant of Record”), which may be the applicable Platform Provider or another third party designated by PocketHaven Games. Any agreement you enter into regarding a transaction is solely between you and the applicable Platform Provider and/or Merchant of Record, as applicable. PocketHaven Games is not a party to any such agreement. Except as required by applicable law, PocketHaven Games is not responsible for the processing of payments, billing, refunds, chargebacks, or other transaction-related matters handled by the applicable Merchant of Record. You acknowledge and agree (a) that all credit card and other payment related information that you provide to PocketHaven Games, its designated payment processor or store, or a third-party providing offers, is accurate, current and complete; (b) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (c) that you are responsible for any and all charges incurred by you or on your behalf through the Services, at the prices in effect when the charges are incurred, including all taxes applicable to your transactions.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS ARE FINAL AND NON-REFUNDABLE TRANSFERABLE OR EXCHANGEABLE, EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW. IF YOU WERE CHARGED FOR A TRANSACTION NOT INITIATED BY YOUR ACCOUNT, DID NOT RECEIVE THE VIRTUAL ITEMS YOU PAID FOR, OR WERE CHARGED AN INCORRECT AMOUNT, YOU MAY REQUEST A REFUND OR CORRECTION FROM POCKETHAVEN GAMES FOR ANY TRANSACTIONS COMPLETED DIRECTLY WITH US. FOR TRANSACTIONS COMPLETED THROUGH A PLATFORM PROVIDER, THE PLATFORM PROVIDER IS SOLELY RESPONSIBLE FOR ANY REFUNDS, AND ITS REFUND POLICIES WILL APPLY. FOR TRANSACTIONS PROCESSED BY A MERCHANT OF RECORD, THE APPLICABLE MERCHANT OF RECORD IS RESPONSIBLE FOR ADMINISTERING REFUND REQUESTS, AND ITS APPLICABLE REFUND POLICIES WILL APPLY.
IF LEGAL ACTION IS NECESSARY TO COLLECT ON BALANCES DUE, YOU WILL REIMBURSE US AND OUR VENDORS AND AGENTS FOR ALL EXPENSES INCURRED TO RECOVER SUMS DUE, INCLUDING ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. OWNERSHIP OF SERVICES; USE RESTRICTIONS
PocketHaven Games and its licensors own and reserve all rights, title and interests in and to the Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained in the Services, and to all modifications and enhancements thereto, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms and all rights not explicitly granted to you are reserved by PocketHaven Games.
Subject to your compliance with these Terms, PocketHaven Games grants you a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to access, register and use the Services. Under this license you have the right to use Services SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL, ENTERTAINMENT PURPOSES, AND SUBJECT TO THE CONDITIONS AND LIMITATIONS SET OUT IN THESE TERMS.
The Services may be modified, revised, suspended or discontinued in whole or in part, either temporarily or permanently, with or without notice, in our discretion. No resale, sale or use for commercial purposes of any portion of the Services is authorized or permitted except with our prior written consent. We reserve the right in our discretion to deny access to the Services by or through any person, network or device.
Any and all comments, suggestions or recommendations (verbal or written) that you provide to PocketHaven Games in connection with the Services (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Services) (collectively, “Feedback”) is voluntary, is at no cost to PocketHaven Games, and is without any restrictions on PocketHaven Games. You hereby acknowledge that any and all intellectual property rights in the Feedback and any changes or improvements to the Services resulting from Feedback, is and shall remain the property of PocketHaven Games.
8. USER GENERATED CONTENT
Our Services may allow you and other users to create, post, store, or share content, including reviews, messages, text, graphics, photos, videos, and other materials or data (collectively, “User Generated Content”). If you do choose to create, generate, or make available your User Generated Content through the Services, you are solely responsible for your User Generated Content and represent and warrant that: (i) you are the creator and owner of, and have all the necessary licenses and rights to use and authorize PocketHavenGames to exploit the license granted above; (ii) your User Generated Content, and PocketHaven’s use of the User Generated Content as contemplated under these Terms, will not infringe or violate any third-party rights, including copyright, trademark, patent, trade secret, moral rights, or the rights of privacy or publicity; (iii) PocketHaven Games does not need to obtain any further licenses, provide attribution, or pay royalties or other compensation to any third parties; and (iv) PocketHaven Games’s use of your User Generated Content will not violate any third-party contract or cause PocketHaven Games to violate any applicable laws or regulations. You may not create, post, store, or share any User Generated Content that (i) is unlawful, libelous, defamatory, obscene, pornographic, indecent, vulgar, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or derogatory of any ethnic, racial, gender, or religious group; (ii) contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (iii) contains any private or personal information of a third party without the third party’s consent; (iv) contains any viruses, corrupted data, or other malicious, invasive, harmful, disruptive, or destructive files or content; (v) in our reasonable judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose PPocketHaven Games or others to any harm or liability of any type; or (vi) contains links to content that would violate any of the above restrictions if the linked content were User Generated Content.
If you do, we may have to take it down. PocketHaven Games may, but is under no obligation to, edit or control any User Generated Content you or others make available through the Services. PocketHaven Games may at any time screen, remove, delete, edit, block, or refuse to publish User Generated Content that violates these Terms or is otherwise objectionable as determined in PocketHaven Games’s sole discretion and without prior notice or any liability to you or any third party.
IF YOU CHOOSE TO MAKE ANY OF YOUR INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
Except for the license you grant below, as between you and PocketHaven Games, you retain all rights in and to your User Generated Content, excluding any portion of the Services included in your User Generated Content. In using our Services, you are providing us with certain rights to your User Generated Content. You grant PocketHaven Games and its parent, subsidiaries, and affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, sublicensable (through multiple tiers), and assignable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, process, and exploit your User Generated Content and any name, username, or likeness provided in connection with your User Generated Content in all media formats and channels now known or later developed without compensation to you or any third party (in each case, to the maximum extent permitted by applicable law). You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Generated Content that you may have under any applicable law or under any legal theory.
YOU UNDERSTAND THAT WE HAVE NO OBLIGATION TO PROVIDE YOU WITH ANY CREDIT, APPROVAL, OR COMPENSATION FOR ANY PERMITTED USE OF YOUR USER GENERATED CONTENT.
9. THIRD-PARTY CONTENT
The Services may include links to other websites or services (including advertisements and payment providers) solely as a convenience to you (“Third-Party Content”). The inclusion of any Third-Party Content does not imply endorsement by PocketHaven Games of any third-party, third-party websites or any association with the operators of such Third-Party Content. The Third-Party Content is not under the control of PocketHaven Games. We have no obligation to monitor Third-Party Content, and we may block or disable access to any Third-Party Content (in whole or part) through our Services at any time. Your access to and use of Third-Party Content may be subject to additional terms, conditions, and policies (including terms of service or privacy policies of the providers of the Third-Party Content).
WE ASSUME NO RESPONSIBILITY OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO WEBSITES OR SERVICES OWNED AND OPERATED INDEPENDENTLY BY THIRD PARTIES WHICH MAY BE ACCESSED BY YOU THROUGH LINKS ON OUR WEBSITE OR OTHERWISE FROM THE SERVICES.
10. NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL SERVICES, INCLUDING BUT NOT LIMITED TO SITE CONTENT AND SOFTWARE MADE AVAILABLE FOR DOWNLOAD, INSTALLATION, ACCESS OR USE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (II) THAT THE SERVICES OR ANY CONTENT PROVIDED IN ORWITH OUR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR USE OF OUR SERVICES AND ANY CONTENT OR MATERIALS PROVIDED IN OR WITH OUR SERVICES IS AT YOUR SOLE RISK.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POCKETHAVEN GAMES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) BE LIABLE FOR ANY PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, PROFITS OR REVENUE AND DAMAGES, CAUSED UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF POCKETHAVEN GAMES HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, POCKETHAVEN GAMES SHALL HAVE NO LIABILITY FOR LOSS, DAMAGE OR COSTS IN RELATION TO OUR SERVICES OR OTHERWISE UNDER THESE TERMS ATTRIBUTED TO: (A) YOUR OWN FAULT; (B) A THIRD PARTY UNCONNECTED WITH OUR OWN PERFORMANCE; OR (C) ANY OTHER EVENTS WHICH ARE OUTSIDE OUR OR OUR SUPPLIERS’ CONTROL EVEN IF WE OR THEY HAVE TAKEN REASONABLE CARE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, INCLUDING THAT WHICH IS AVAILABLE THROUGH ANY THIRD-PARTY PLATFORM, USER GENERATED CONTENT OR ANY LINKED SITES IS TO STOP USING THE SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF POCKETHAVEN GAMES AND ITS COVERED PARTIES, FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, EXCEED THE AMOUNT PAID BY YOU (IF ANY) TO POCKETHAVEN GAMES IN CONNECTION WITH THE SERVICES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH THE FIRST CLAIM GIVING RISE TO LIABILITY OCCURRED.
THE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS SET FORTH IN THIS SECTION 11 DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF POCKETHAVEN GAMES OR ANY OTHER MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN ADDITION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. INDEMNIFICATION; RELEASE
You agree to defend, indemnify and hold harmless PocketHaven Games and its affiliates, directors, officers, employees, service providers and agents, from and against any and all liabilities, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from or relating to any third party claim, action or demand asserted against any of the foregoing parties based on: (a) any breach of these Terms by you or anyone accessing the Services using your login credentials; or (b) any violation of law, regulation or third party rights in connection with your use of the Services. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.
You are solely responsible for your interactions with other users of the Services. PocketHaven Games may at any time intervene in disputes between you and other users, but is under no obligation to do so. PocketHaven Games will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind. If you have a dispute with one or more users, to the fullest extent permitted by applicable law, you release PocketHaven Games and its affiliates, directors, officers, employees, service providers and agents, from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes you have with other users and the acts or omissions of third parties.
If you are a consumer who resides in California, you waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
13. EXPORT CONTROL AND SANCTIONS
You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. Without limiting the foregoing, you will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You acknowledge that the information, data, technology, software, products, and/or services obtained from PocketHaven Games may be subject to the export control and economic sanctions laws and regulation of Israel, United States, European Union, United Kingdom, and other relevant jurisdictions as determined by PocketHaven Games in our sole discretion (the “Export Control and Sanctions Laws”). By accessing or using the Services you certify that you are eligible to receive such items under applicable Export Control and Sanctions Laws, will not use such items in breach of or contrary to Export Control and Sanctions Laws, and, further, that you are not: (i) identified on any list of restricted parties targeted under Israel, U.S., EU, U.K., or multilateral sanctions, including, but not limited to, the U.S. Department of the Treasury, Office of Foreign Assets Control’s List of Specially Designated Nationals and Blocked Persons, the U.S. Department of Commerce’s Entity or Denied Persons Lists or the EU Consolidated list of persons, groups and entities subject to EU financial sanctions; or (ii) owned or controlled by, or acting on behalf, or at the direction, of any of the foregoing.
14. TERMINATION
Your right to access and use the Services shall terminate immediately upon your breach of any Terms.
PocketHaven Games reserves the right to suspend, modify, discontinue, or terminate the Services, or any game, feature, or portion thereof, at any time and for any reason. If the Services or any part thereof are discontinued or your access is terminated, your right to use the affected Services will immediately cease. PocketHaven Games shall have no obligation to provide refunds, benefits, compensation, or any other reimbursement in connection with such discontinuation or termination.
Upon any termination, you must immediately cease all use of the Services.
Upon termination, PocketHaven Games may, without liability to you, suspend, delete, or permanently deactivate your account, together with any associated data, virtual items, user content, and other materials associated with your account. You acknowledge and agree that you will have no claim against PocketHaven Games arising from or relating to any such suspension, deletion, or deactivation.
Any provisions of these Terms that, by their nature or express intent, are intended to survive termination, including those necessary to give effect to their purpose, shall remain in full force and effect following termination.
14A. RIGHT OF WITHDRAWAL (EU/EEA AND UK USERS ONLY)
If you are resident in the European Union, European Economic Area, or United Kingdom, you may have a statutory right of withdrawal as set out below.
Right of Withdrawal. You have the right to withdraw from a purchase contract within 14 days, without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform PocketHaven Games of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email to support@pockethavengames.com). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. We will acknowledge receipt of your withdrawal request without undue delay.
Effects of Withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested that performance of the Services begin during the withdrawal period, you shall pay us an amount proportionate to what has been provided up until the point you communicated your withdrawal, in comparison with the full coverage of the contract.
Exceptions. You do not have a right of withdrawal: (a) in the case of a contract that does not oblige you to pay a price, if we have started to fulfil the contract; or (b) in the case of a contract that obliges you to pay a price, if (i) we have started to fulfil the contract, (ii) you have expressly consented to us commencing performance before expiry of the withdrawal period, and (iii) you have confirmed that you are aware that your right of withdrawal expires upon commencement of performance as a result of your consent.
15. GOVERNING LAW AND JURISDICTION
These Terms shall be governed and construed in accordance with the laws of the State of Israel without giving effect to any conflict or choice of law provisions. You and we consent to the exclusive jurisdiction and venue of the competent courts of Tel Aviv, Israel, for all disputes arising out of or relating to these Terms. Notwithstanding the foregoing, PocketHaven Games may seek injunctive relief in any court of competent jurisdiction.
Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms should not invalidate the remaining portions hereof, and they shall remain in full force and effect.
These Terms of Service, and any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Privacy Policy, or the Service, shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles.
Notwithstanding the foregoing, if you are a consumer, nothing in these Terms of Service shall limit or exclude any mandatory consumer protection rights that may apply to you under the laws of your country or jurisdiction of residence.
BY AGREEING TO THESE TERMS, YOU AND POCKETHAVEN GAMES AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. YOU AND POCKETHAVEN GAMES EACH WAIVE ANY RIGHT TO BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. POCKETHAVEN GAMES WILL NOT BE BOUND BY, AND YOU EXPRESSLY WAIVE ANY RIGHT TO, ANY CLASS-WIDE ARBITRATION AWARD, CLASS-WIDE SETTLEMENT, OR ANY OTHER FORM OF CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
16. ARTIFICIAL INTELLIGENCE
Pockethaven Games may use artificial intelligence (“AI”) generative AI, or other technologies which may be considered automated decision-marking or profiling, to provide, design, develop, and improve our Sevices and for other legitimate business purposes. You understand that some of our AI systems and models used in the provision of the Services are provided by third party service providers and are subject to third party terms and conditions.
17. WAIVER & SEVERABILITY
Any failure by PocketHaven Games to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, the provision shall be modified to the extent necessary to make it enforceable while, to the maximum extent possible, reflecting the intent of the parties, and, in any event, shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
18. ASSIGNMENT
Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever. You may not assign any of your rights hereunder and any purported assignment by you shall be invalid. We may assign any and all rights or obligations under these Terms in our discretion.
19. SUPPLEMENTAL TERMS
We may indicate that different or additional terms, conditions, guidelines, policies, or rules (including any game rules which may apply to individual games) apply to some of our Services (“Supplemental Terms”). If Supplemental Terms apply to the Services you are using, you are required to read them, and they will become part of your agreement with us. The Supplemental Terms will control over any conflicting or inconsistent provisions in these Terms of Service.
20. CHANGES TO THESE TERMS
PocketHaven Games reserves the right to revise and update these Terms from time to time in our sole discretion. Please take a look at the “LAST UPDATED” legend at the top of this page to see when these Terms were last revised. Any such revision or modification will become effective immediately upon posting of the revised Terms on our website.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
21. NOTICES
We may notify you via postings in our games, on pockethavengames.com, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the shall be in writing and addressed to: 11 Menachem Begin Road, 7th Floor, Ramat Gan 5268104, Israel (Attn: Amit Klein, CEO). Any notices that you provide without compliance with this section on Notices shall have no legal effect.
22. CONTACT
If you have any questions, comments or concerns regarding these Terms or your use of the Services, you are welcome to contact us via a support@pockethavengames.com and we will make an effort to reply within a reasonable timeframe. Please note that communications may not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your correspondence with us.
23. CONSUMER COMPLAINTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. If you are a resident of the European Union, you may report complaints to your local consumer protection authorities.