Last modified: November 11th , 2018.
A. Your Acceptance of the Terms of Service:
Please carefully read these Terms of Service, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that (1) you are age 14 or older, (2) you understand and agree to these Terms of Service, and (3) if you are between the ages of 14 and 18, your legal guardian has reviewed and agrees to these Terms of Service.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
B. Changes to the Terms of Service and the Service:
Happy Orangutan reserves the right to change or modify these Terms of Service at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Service are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT HAPPY ORANGUTAN SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF SERVICE.
Happy Orangutan reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.
C. Relationship to Other Agreements:
Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source. In the case of any conflict between any Third Party Agreement and these Terms of Service with respect to Happy Orangutan or any aspect of the Service, these Terms of Service will control.
D. Rights to Use the Service:
Subject to your compliance with these Terms of Service, Happy Orangutan grants you a limited, revocable, non-exclusive, non-transferable, nonsublicensable license to use and display, solely for your personal, non-commercial useYou agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Service or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Happy Orangutan or its licensors, except for the licenses and rights expressly granted in these Terms of Service. Without limiting the generality of Section B above, Happy Orangutan reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Service in accordance with the terms and conditions of these Terms of Service
E. Service Materials, Ownership, Trademarks and Feedback:
Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Service, as between you and Happy Orangutan, Happy Orangutan and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. “Service Materials” means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the "look and feel" of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Service are reserved by Happy Orangutan and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Happy Orangutan and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
The term Happy Orangutan, the Happy Orangutan logo and other Happy Orangutan, Inc. logos and product and service names are trademarks and service marks of, and are owned by, Happy Orangutan. Except as expressly set forth herein, you may not use or display such trademarks in any manner without Happy Orangutan’s prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Happy Orangutan trademarks or service marks as "metatags" on other websites is prohibited.
If you provide Happy Orangutan with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of Happy Orangutan, and you hereby assign all rights, title and interest in and to such Feedback to Happy Orangutan. You agree that unless otherwise prohibited by law, Happy Orangutan may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
F. User Content:
The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Happy Orangutan and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). Happy Orangutan has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Happy Orangutan has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Happy Orangutan makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Happy Orangutan be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, Happy Orangutan reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Service, or for no reason, at any time. You may bring User Content that you believe violates these Terms of Service, or other inappropriate user behavior, to Happy Orangutan’s attention by emailing .
G. Your Content:
User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.
You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Service without Happy Orangutan incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Happy Orangutan does not claim any ownership rights in Your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit Your Content. You hereby grant to Happy Orangutan a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Happy Orangutan the right to sublicense and authorize others to exercise any of the rights granted to Happy Orangutan under these Terms of Service. You further perpetually and irrevocably grant Happy Orangutan the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you. Happy Orangutan has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
H. Restrictions and Rules of Use:
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You agree to not use the Service to transmit, make available or otherwise promote or support:
(a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another's privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
(b) any User Content that promotes illegal activity, such as drug use;
(c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
(e) any unsolicited or unauthorized advertising, promotional materials, “junk mail," “spam," “chain letters," “pyramid schemes," or any other form of solicitation;
(f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;
(g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
(h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.
You further agree not to:
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(iv) use the Service to harm minors in any way;
(v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
(vi) defraud or mislead Happy Orangutan or other users or otherwise engage in any suspicious activity;
(vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;
(viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
(x) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the Happy Orangutan experience to the detriment of fair play; or
(xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.
You also agree not to access the Service: (x) by any means other than through the interface that is provided by Happy Orangutan for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to: (1) excessively communicate the same phrase, similar phrases, or gibberish; (2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service; (3) post or transmit non-constructive comments; (4) abuse any functionality enabling reporting to Happy Orangutan by sending false alarms or nonsensical messages; (5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read”) or “First!” posts; (6) post off-topic comments; (7) commit other actions that Happy Orangutan considers, in its sole discretion, to be “flaming,” “trolling” or “spamming”; (8) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or (9) links to threads from other forums unless previously approved by a moderator.
These rules of use are not meant to be exhaustive, and Happy Orangutan reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action - up to and including termination of your Account and exclusion from further participation in the Services.
I. Termination: These Terms of Service will remain effective until terminated by either party.
You may terminate these Terms of Service at any time and for any reason by (a) sending an email to notifying Happy Orangutan of your termination, (b) deleting or otherwise destroying all Service-related materials and (c) ceasing use of the Service.
Happy Orangutan may terminate these Terms of Service, your Account and your access to the Service (or, at Happy Orangutan’s sole option, applicable portions of the Service) at any time and for any reason. Happy Orangutan may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Service. However, you acknowledge that Happy Orangutan is not required to provide you with any such notice or warning prior to any such termination under this Section. In addition, Happy Orangutan may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Happy Orangutan suspects or determines that you may have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Happy Orangutan; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Happy Orangutan, any third parties or the Service itself.
You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable. You acknowledge and agree that upon any termination permitted under these Terms of Service for any reason, whether by you or Happy Orangutan, you will not be entitled to and Happy Orangutan will not be liable to you or any third party for any refund, reimbursement or other liability. If Happy Orangutan terminates your Account, you may not participate in the Service or any other Happy Orangutan service without Happy Orangutan’s express written permission. To request permission for post-termination participation in a Happy Orangutan service, email . Happy Orangutan reserves the right to refuse to keep Accounts for, and provide Happy Orangutan services to, any individual. You shall not allow individuals whose Accounts have been terminated by Happy Orangutan to use your Account.
J. Disputes With Others: You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Happy Orangutan hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with Happy Orangutan to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Happy Orangutan access to any password-protected portions of your Account. Happy Orangutan reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service. N. Disclaimers of Warranties and Damages, Limitations of Liability: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.
THE HAPPY ORANGUTAN PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Happy Orangutan PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.
THE “HAPPY ORANGUTAN PARTIES” ARE COMPRISED OF HAPPY ORANGUTAN AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.
UNDER NO CIRCUMSTANCES SHALL THE HAPPY ORANGUTAN PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Happy Orangutan PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Happy Orangutan or any other Happy Orangutan Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Happy Orangutan’s and such Happy Orangutan Party’s liability shall be the minimum permitted under such applicable law.
K. Links to External Locations and Third Party Websites:
The Service may contain links to third-party websites or resources. You acknowledge and agree that Happy Orangutan is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Happy Orangutan of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Happy Orangutan may remove any links at any time for any reason or for no reason.
L. Indemnification: You agree to indemnify, defend and hold the Happy Orangutan Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your password) use of the Service, (3) your (or anyone accessing the Service using your password) violation of these Terms of Service or any applicable Additional Terms of Service or Third Party Agreements, and (4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.
M. Governing Law and Remedies: These Terms of Service and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Happy Orangutan under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Happy Orangutan for which remedies at law are inadequate. Happy Orangutan shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
N. Miscellaneous: You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
Happy Orangutan operates and controls the Service from its offices in the UK. Happy Orangutan makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Happy Orangutan to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Happy Orangutan as a result of these Terms of Service or your use of the Service. These Terms of Service constitute the entire agreement between you and Happy Orangutan with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Happy Orangutan. The failure of Happy Orangutan to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Service. These Terms of Service may not be assigned by you without Happy Orangutan's prior written consent, but are freely assignable by Happy Orangutan. The section headings used herein are for convenience only and shall not be given any legal import. Upon Happy Orangutan's request, you will furnish Happy Orangutan any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Happy Orangutan by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
You agree that the following sections of these Terms of Service will survive any termination of these Terms of Service, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section L (Termination), Section M (Disputes with Others), Section N (Disclaimers of Warranties and Damages, Limitations of Liability), Section P (Indemnification), Section Q (Governing Law and Remedies and Section R (Miscellaneous).
For all correspondence, please email us at .
Happy Orangutan is a Limited company resident in UK, England. Registration no. 11409212