Terms of service
The terms of this agreement (“Terms of Service”) govern the relationship between you and Happyfish and its
affiliates (hereinafter “Happyfish” or “Us” or “We”) regarding your use of Happyfish’s games, websites and
incorporated herein by reference.
Before accessing or using the Service, including browsing any Happyfish website or accessing a game, you
on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that
you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages
of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access
the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its
terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS
OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE
OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Happyfish reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of
deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to
Happyfish policy, rules or codes of conduct relating to your use of the Service, your license to use the Service
shall immediately terminate, and you must immediately stop using the Service.
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant
Happyfish policies, Happyfish grants you a non-exclusive, non-transferable, non-sublicensable, revocable
limited license subject to the limitations below to access and use the Service for your own non-commercial
entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use
by minors, and you will deny access to children under the age of 13. You accept full responsibility for any
unauthorized use of the Service by minors. You are responsible for any use of your credit card or other
payment instrument (e.g. paypal) by minors.
You shall not sell, rent or give away your Account, create an Account using a false identity or information, or
on behalf of someone other than yourself; You shall not use the Service if you have previously been
removed by Happyfish, or previously been banned from playing any Happyfish game;
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or
solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive
messages to anyone;
Login information and Your Account
During the Account creation process, you will be required to select a password (“Login Information”). You shall
not share the Account or the Login Information, nor let anyone else access your Account or do anything else
that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect
any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login
Information, you must immediately notify Happyfish and modify your Login Information. You are solely
responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses
of the Login Information, including purchases, whether or not authorized by you. You are responsible for
anything that happens through your Account.
Happyfish reserves the right to remove or reclaim any usernames at any time and for any reason, including but
not limited to claims by a third party that a username violates the third party’s rights.
The Service supports only one Account per game on a supported device.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate
revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Happyfish deems to be in conflict with the spirit or intent of the Service or make
improper use of Happyfish’s support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software
designed to modify or interfere with the Service, any Happyfish Game or any Happyfish game experience or
without Happyfish’s express written consent, modify or cause to be modified any files that are a part of the
Service or any Happyfish game.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”)
used to offer or support the Service or any Happyfish game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus,
denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use
or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers,
Servers, or networks connected to the Service by any means other than the user interface provided by
Happyfish, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or
encouraging or assisting any other person to circumvent or modify, any security, technology, device, or
software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually,
religiously, or otherwise objectionable or offensive.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a
link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person,
group, including Happyfish employees, including Happyfish’s customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark,
patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates
any other person, including without limitation a Happyfish employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any
underlying software or other intellectual property used to provide the Service or any Happyfish game, or to
obtain any information from the Service or any Happyfish game using any method not expressly permitted
Solicit or attempt to solicit personal information from other users of the Service or any Happyfish game or
collect or post anyone’s private information, including personally identifiable information (whether in text,
image or video form), identification documents, or financial information through the Service.
Happyfish reserves the right to determine what conduct it considers to be in violation of the rules of use or
otherwise outside the intent or spirit of these Terms of Service or the Service itself. Happyfish reserves the right
to take action as a result, which may include terminating your Account and prohibiting you from using the
Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, HAPPYFISH MAY LIMIT, SUSPEND, TERMINATE, MODIFY,
OR DELETE ACCOUNTS OR ACCESS TO HAPPYFISH SERVICES OR PORTIONS THEREOF IF YOU ARE,
OR HAPPYFISH SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF
SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH
OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF
ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS
AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND HAPPYFISH IS
UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE
AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES,
AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE
TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE
BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE
LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE
CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS
WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
HAPPYFISH RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR
Happyfish reserves the right to stop offering and/or supporting the Service or a particular game or part of the
Service at any time, at which point your license to use the Service or a part thereof will be automatically
terminated. In such event, Happyfish shall not be required to provide refunds, benefits or other compensation to
users in connection with such discontinued Services. Termination of your Account can include disabling your
access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by following the process described on our
support page located athttps://support.Happyfish.com/ informing Happyfish that you wish to terminate your
2.1. Games and Service
All rights, title and interest in and to the 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 Happyfish game
client, and the Happyfish game clients and server software) are owned by Happyfish. Happyfish reserves all
rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its
games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT
YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU
FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL
FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HAPPYFISH.
2.3. Virtual Items
Happyfish owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in
Happyfish games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title
in or to any content that appears in the Service, including without limitation the virtual goods or currency
appearing or originating in any Happyfish game, whether earned in a game or purchased from Happyfish, or
any other attributes associated with an Account or stored on the Service.
2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that
you upload or transmit through a Happyfish game client or the Service, or that other users upload or transmit,
including without limitation any chat text. By transmitting or submitting any User Content while using the Service,
you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b)
not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from
any third party whose personal information or intellectual property is comprised in the User Content; (c) free of
viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your
personal information within such content will at all times be processed by Happyfish in accordance with
disable access to or otherwise make unavailable any User Content (including without limitation your User
Content) without notice for any reason or for no reason at any time.
3. User Content
3.1. Content Screening
Happyfish assumes no responsibility for the conduct of any user submitting any User Content, and assumes no
responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot,
pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you
may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You
bear all risks associated with the use of any User Content available in connection with the Service. At our
discretion, our representatives or technology may monitor and/or record your interaction with the Service or
communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and
recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of
any User Content, including without limitation chat text or voice communications.
If at any time Happyfish chooses, in its sole discretion, to monitor the Service, Happyfish nonetheless assumes
no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User
Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including
your observations and comments on designated topics. Happyfish cannot guarantee that other members will
not use the ideas and information that you share. Therefore, if you have an idea or information that you would
like to keep confidential and/or don’t want others to use, do not post it on the Service. Happyfish shall have no
responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and
that you provide to others. Happyfish may reject, refuse to post or delete any User Content for any or no reason,
including, but not limited to, User Content that in the sole judgment of Happyfish violates these Terms of
You hereby grant to Happyfish an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide
license (including the right to sublicense and assign to third party) and right to 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, your User Content as well as all modified and derivative works thereof in connection with
our provision of the Service, including marketing and promotions of the Service. You also hereby grant to
Happyfish the right to authorize others to exercise any of the rights granted to Happyfish under these Terms of
Service. You further hereby grant to Happyfish the unconditional, irrevocable right to use and exploit your name,
likeness and any other information or material 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 moral rights you may have in your User Content, regardless of whether your User Content is altered or
changed in any manner. Happyfish does not claim any ownership rights in your User Content and nothing in
these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.
Happyfish has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom
you interact through the Service and/or Happyfish games. Happyfish reserves the right, but has no obligation,
to become involved in any way with these disputes. You will fully cooperate with Happyfish to investigate any
suspected unlawful, fraudulent or improper activity, including, without limitation, granting Happyfish access to
any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, arising out of or in any way connected with such disputes.
4. Fees and Purchase Terms
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable,
non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or
diamonds, all for use in Happyfish games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual
Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from
us or our authorised partners through the Service, and not in any other way.
Happyfish may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time,
with or without notice. Happyfish shall have no liability to you or any third party in the event that Happyfish
exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service.
Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items
or Merchandise to any person or entity, including but not limited to Happyfish, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE
SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Happyfish games is a service provided by Happyfish that commences
immediately upon acceptance by Happyfish of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
Happyfish may revise the pricing for the goods and services offered through the Service at any time. YOU
ACKNOWLEDGE THAT HAPPYFISH IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON,
AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL
ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR
5. Updates to the Service
You understand that the Service is an evolving one. Happyfish may require that you accept updates to the
Service and to Happyfish’s games you have installed on your computer. You acknowledge and agree that
Happyfish may update the Service and Happyfish games, with or without notifying you. You may need to
update third party software from time to time in order to receive the Service and play Happyfish’s Games.
6. Disclaimer of Warranties
WITHOUT LIMITING HAPPYFISH’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE. HAPPYFISH DOES NOT WARRANT THAT YOU WILL BE
ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED;
OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
HAPPYFISH SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE
LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO
THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAPPYFISH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. HAPPYFISH SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE
AMOUNT YOU HAVE PAID TO HAPPYFISH IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE
SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU
ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HAPPYFISH DURING SUCH
TIME PERIOD, YOUR SOLE REMEDY (AND HAPPYFISH’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE
WITH HAPPYFISH IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
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 disclaimers and limitations may not apply to you. To
the extent that Happyfish may not, as a matter of applicable law, disclaim any warranty or limit its liability as set
forth herein, the scope of such warranty and the extent of Happyfish’s liability shall be the minimum permitted
under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT
THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR
DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HAPPYFISH.
You agree to indemnify, defend and hold Happyfish harmless from any claim, demand, damages or other
losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your
use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the
infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution and Law
If a dispute arises between you and Happyfish, we strongly encourage you to first contact us directly to seek a
resolution by email to us email@example.com. You agree that any claim or dispute you may have
against Happyfish must be resolved exclusively by a court located in The People’s Republic of China.
found 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
without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting
the remaining provisions of the terms, which shall continue to be in full force and effect.
10. General Provisions
part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights
unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Happyfish may publish additional policies related to specific services such as forums, contests or loyalty
programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference
supersede all prior 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, between you and us with
respect to the Service.
10.4. No Waiver
The failure of Happyfish to require or enforce strict performance by you of any provision of these Terms of
waiver or relinquishment of Happyfish’s right to assert or rely upon any such provision or right in that or any
The express waiver by Happyfish of any provision, condition, or requirement of these Terms of Service or the
condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements,
consents, waivers, or other acts or omissions by Happyfish shall be deemed a modification of these Terms of
Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed
officer of Happyfish.
We may notify you via postings on www.happyfishgames.com, and via e-mail to firstname.lastname@example.org or
any other communications means to contact information you provide to us.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Happyfish are
of a unique and irreplaceable nature, the loss of which shall irreparably harm Happyfish and which cannot be
replaced by monetary damages alone so that Happyfish shall be entitled to injunctive or other equitable relief
(without the obligations of posting any bond or surety or proof of damages) in the event of any breach or
anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation
of the Service or any Happyfish game, exploitation of any advertising or other materials issued in connection
therewith, or exploitation of the Service or any content or other material used or displayed through the Service
and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Happyfish shall not be liable for any delay or failure to perform resulting from causes outside the reasonable
control of Happyfish, including without limitation any failure to perform hereunder due to unforeseen
circumstances or cause beyond Happyfish’s control such as acts of God, war, terrorism, riots, embargoes, acts
of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy,
labor or materials.