HELIX GAMES GLOBAL LIMITED TERMS OF USE
WELCOME TO HELIX GAMES, AN ENTERTAINMENT SOFTWARE SERVICE. BEFORE ACCESSING AND USING THE SERVICE (THE HELIXSOFTWARE SERVICE, THE SOFTWARE TOOLS, THE, EXPERIENCES, THE APP, CONTENT AND RELATED PRODUCTS AND SERVICES HEREINAFTER THE “SERVICE”). PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND USING THE SERVICE YOU AGREE TO ABIDE BY THESE TERMS OF USE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN HELIX GAMES LIMITED AND YOU WHETHER OR NOT YOU ARE A REGISTERED USER OF THE SERVICE (“END USER”). IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 28 AND 29, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND USE THE SERVICE. Helix AB RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE SERVICE FOR ANYONE WHO VIOLATES THESE TERMS OF USE. Helix AB MAY DISABLE ACCESS TO THE SERVICE AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE. USE OF THE APP, SERVICE AND CONTENT ARE AT YOUR OWN RISK.
This document (“Terms of Use”) is a legal agreement between you (“You” or “the user”) and Helix Games Global Limited, a British Virgin Island company, with registered and business offices at Nerine Chambers, PO Box 905, Road Town, Tortola, British Virgin Islands. (“Helix”) and governs your use of the Service, whether or not you are a registered End User of Helix Game, HiberWorld, or Hiber3D.
PLEASE NOTE THAT BY ACCESSING AND USING THE SERVICE YOU AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS OF USE. Helix OWNS OR HAS LICENSING RIGHTS TO ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SERVICE AND Helix AND/OR LICENSORS OWN OR CONTROL ALL EXPERIENCES, AND CONTENT RELATED TO THE SERVICE AND PERMITS YOU TO USE THE SERVICE, EXPERIENCE THE CONTENT ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT ACCESS THE SERVICE.
The Service is a social network, social entertainment platform and software tool for the creation of 3D content and experiences and Helix provides an App where the Customers can access and publish their content and experiences and other Customers can experience the content.’
Where applicable, access and use of certain basic Service versions, experience of certain basic content features may not require registering of an account with Helix and where applicable platform/service providers that are providing the Service, etc. to you. However, in order to access and use the complete Service, certain premium experiences, content, services, and features, you must register an account with Helix and/or the platform/service providers that are providing the Service, etc. to you. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Helix reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any virtual currency, characters, assets, etc. to another person or entity, unless specifically permitted in writing by Helix.
Further, you must be 13 years or older to access and use the Service or have the specific consent of a parent or guardian. Any registration by, use of, or access to the Service by anyone under 13 without parental consent, is unauthorized, unlicensed and in violation of these Terms of Use.
If enabled by Helix in its sole discretion, you may establish an account with account data provided to Helix by a third-party such as a content platform, social networking service, mobile App platform, etc. in which case you may have a separate, additional account relationship with such third party.
For information regarding how Helix handles the information you transmit through the Service, please visit the Privacy Policy. Please note that accessing and using the Service constitutes your acceptance of the Privacy Policy.
Helix reserves the right to add, modify, or delete/cancel the Service, including your access to the website, App, experiences and content at any time. Helix makes no representation or warranty as to the completeness or accuracy of the Service, nor does it represent or warrant that the Service will be available at all times or at any time. The Service may be incomplete, may contain errors, etc. Helix makes no commitment and expressly disclaims any duty to fix any errors or lack of functionality in the Service. The Service is provided on an “as is” basis without any express warranties.
Users may acquire virtual items and currency through the platform, for which payment may be required. Any such virtual goods obtained through payment are not owned by the user, but are instead licensed to users. It is important to note that virtual items and currency are not redeemable for real-world currency and do not possess any monetary value.
Helix also reserves the right to adjust the perceived value of virtual goods at any time, subject to applicable laws. Additionally, purchased virtual goods and currency are non-refundable, non-exchangeable, and non-transferable, except where prohibited by law.
Helix has the right to manage, modify, cancel, substitute, replace, suspend, or eliminate virtual items and currency, as well as the user’s ability to access or use them, at its discretion and without notice to the user. Helix shall also have no liability to the user, except where prohibited by law.
Users are prohibited from selling, trading, transferring, gifting, exchanging, lending, or leasing virtual goods and currency outside of the Helix platform, unless otherwise stated.
The ownership of virtual goods and currency remains with Helix and the license to use these virtual goods and currency terminates upon termination of the user’s account or service.
You agree to fully pay for the Service and any and all products and services ordered in the Service. You are responsible for providing Helix and/or the platform/service providers with valid credit card information, or other applicable payment information in order to secure payment. Helix and/or the platform/service providers reserve the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third-party payment service providers, like PayPal, etc. Helix or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once Helix or the platform/service provider have had the opportunity to confirm your purchase
In order to access the complete Service, certain premium services and experiences, content, services, and features, etc., you are required to pay certain fees (the complete Service, the premium services and experiences, access to premium content, etc. is provided to paying users only). You can find the current fees and payment terms in the Service, in the Helix App and at the platform/service provider’s service access pages etc. Helix may also offer other products and services in the Service, either for free, for one-time fees or for recurring fees. Helix may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Helix or the platform/service provider may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
However, a remaining portion of the payment may be credited in Helix’s and/or the platform/service provider’s sole discretion should you decide to upgrade your services. When you purchase the complete Service, certain premium services and experiences, content, services, and features etc. you authorize Helix or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Helix or the platform/service provider are not required to collect) and for all hardware, software, Internet, and other costs you incur to access and use the Service. Helix and/or the platform/service providers reserves the right to change the fees and availability of the Service at any time without notice; provided, however, such price change will not affect your purchase price for orders that Helix or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Service, for changes in the fees or payment terms.
Users must be authorized to give Helix the right to charge the payment method specified by the user for the full amount of the transaction.
In addition, users are responsible for any chargebacks made to Helix, including any associated fees or penalties. If a chargeback is initiated, Helix reserves the right to suspend or terminate the user’s account, in addition to seeking reimbursement for any chargeback fees or penalties incurred. Users are encouraged to contact Helix’s support team to resolve any disputes or issues related to transactions made on the platform, rather than initiating a chargeback without prior communication with Helix.
In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, Helix or the platform/service provider will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Service and enable you to access and use the service subject to the other applicable provisions, limitations and restrictions in these Terms of Use. You may not upload or republish the Service, or any Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation without the express written consent of Helix, and any other use of the Service, website and the experiences, the Content is strictly prohibited. If Helix or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at Helix’s or the platform/service provider’s discretion.
Helix provides the Service on an “as is” basis. Helix or the platform/service provider shall endeavor to deliver the Service that you have ordered to you within a reasonable amount of time. However, technical problems may delay or prevent delivery and except as set forth in the next sentence, Helix or the platform/service provider shall have no liability to you with respect to delays or delivery problems. Your sole remedy with respect to the Service, a purchased product or service that is not delivered within a reasonable amount of time after ordering is to either receive a replacement of the Service, product or service, or a refund of the purchase price paid for the Service, product or service, as determined by Helix or the platform/service provider in their sole discretion.
The Service may contain links to other services, content, experiences, Apps, services etc. Helix does not review or evaluate any service, website, experiences, website, service, etc., linked to in the Service and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these services, Apps, experiences, Apps, services, etc., nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such services, experiences, Apps, the platforms, etc. You should carefully review the respective conditions of use for each of these services, experiences, Apps, services etc. Under no circumstances shall Helix be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any service, content, products, goods, or services, etc., available on such services, experiences, Apps, services, platforms etc.
This clause only applies to users within the European Union. Helix is the data controller of the personal data collected from the users of the service and we will only process your personal data in accordance with applicable privacy laws and our privacy policy, which can be found here, or otherwise made available to you through the service.
Your access to and use of the service, accessing the content constitutes your agreement to defend, indemnify, and hold harmless Helix, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Service, content, including related services by a third party with the use of your account.
These Terms of Use are effective until amended by Helix in its sole discretion. Helix may change, suspend, or discontinue all or any aspect of the Service, content, and experiences, at any time for any reason without prior notice or liability, including, without limitation, the availability of the Service, content, and experiences or any feature, without prior notice or liability. Helix may cease to provide the Service, content, and experiences or any or all of the products and services offered in connection with the Service, content, and experiences, terminate the Terms of Use, and cancel all of the rights granted to you under the Terms of Use at any time for any reason without prior notice or liability. Helix may, but is not obligated to, communicate such termination to you in any of the following manners: (i) in a notice on Service, website, in the experiences, in the content; (ii) via electronic mail; (iii) in these Terms of Use, or (iv) in another manner that Helix deems suitable to inform you of the termination. If Helix terminates the Service, content, and experiences, you will not receive a refund of paid fees. In the event of any termination hereunder Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, of these Terms of Use will survive termination.
THE SERVICE IS PROVIDED BY Helix ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Helix DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, HELIXMAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE SERVICE, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE SERVICE WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE SERVICE, APPS, EXPERIENCES, CONTENT, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF HELIX, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH Helix PROVIDE RULES FOR USER CONDUCT AND POSTINGS, Helix DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE SERVICE AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE SERVICE OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, EXPERIENCES, CONTENT, SOFTWARE OR CONTENT. HELIX IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
THE OPERATION AND FUNCTIONS OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF Helix, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HELIX, ITS PARENTS, AFFILIATES, LICENSORS, LICENSEES, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “HELIX” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR OTHERWISE FROM Helix OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Helix’S RECORDS, PROGRAMS, EXPERIENCES OR CONTENT ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, EXPERIENCES, CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE SERVICE. Helix TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Helix BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICE OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Helix’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT Helix SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE SERVICE OR ANY EXPERIENCES, CONTENT, PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE, EXPERIENCES, CONTENT, PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXPERIENCES, CONTENT, SERVICE AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Helix HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EXPERIENCES, APPS, CONTENT, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Helix DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, EXPERIENCES, CONTENT, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, EXPERIENCES, CONTENT, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE, EXPERIENCES, CONTENT, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Helix OR AN Helix AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE, EXPERIENCES, APPS, CONTENT, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
HELIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EXPERIENCE, CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE SERVICE OR IN RELATION TO THE SERVICE, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND Helix WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Helix BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE SERVICE, EXPERIENCES, CONTENT, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, OR DEFECT IN OR CAUSED BY THE SERVICE, EXPERIENCES, CONTENT, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Helix’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE, EXPERIENCES, CONTENT, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Helix takes no responsibility for such effects and end results and you are accessing and using the Service on your own risk. Nor does Helix take any responsibility for motion sickness, any balance problem that may occur from your use of the Service etc.
The names, logos, characters, brands and product and service names appearing in the Service and related services are trademarks/service marks or registered trademarks/service marks of Helix or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
You acknowledge and agree that all content, design elements, and materials available in the Service, for example experiences, content, graphics, logos, designs, software, characters, objects, environments, worlds, icons, scripts and service names (“Helix Content”) are owned by Helix and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Helix and/or its partners and licensors. Helix and its partners and licensors retain all right, title and interest in and to the Helix Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Helix Content in any form or for any means, unless expressly permitted in this Agreement. Helix’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Helix. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Helix Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Service or Helix Content. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against Helix any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
By using the Service you may create certain content such as content, experiences, etc. (“Submissions”). Except for the Helix Content contained therein, any intellectual property right and title to such Submissions shall remain and where applicable shall become your intellectual property, created and submitted by you for use in the Service. That portion of a Submission that is not Helix Content is sometimes referred to herein as User Content. By publishing any Submission containing User Content in the Service you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content, or any part thereof, or which might in any way impair the rights granted by you hereunder.
You agree that Helix shall be given the irrevocable, sublicensable, perpetual, worldwide, royalty-free, paid in full, right and license to utilize, perform, reproduce, remix, recompile, decompile, and make derivative works from your User Content and Submissions, and incorporate, etc., your User Content and Submissions in the Service, in any Helix or third-party products and services, including the right to modify, edit, publicly perform, publicly display, commercialize, distribute your User Content and Submissions in any and all media now known or hereafter devised, including the right to use your User Content and Submissions for marketing and promotional purposes, in tutorials, etc., and to feature your User Content and Submissions, and any derivative works created therefrom, in the Service, in any Helix or third-party products and services. For any use of User Content and Submissions in other products and services you may be entitled to compensation as decided by Helix in its sole discretion.
You are hereby given only a limited revocable license to use the Service as set forth herein solely to create Submissions in accordance with these Terms of Use.
You shall be fully responsible for your User Content and represent that any content that you post in the Service does not infringe on any third party’s Intellectual Property Rights, right of privacy or right of publicity. You are responsible that no copyright protected material owned or controlled by third parties is inserted into your User Content without the prior written consent of such third party. Helix will delete or remove your content if Helix believes it is infringing someone else’s Intellectual Property Rights, right of privacy or right of publicity. If you believe Helix has removed such content by mistake, you may notify us and Helix may, but has no obligation to, provide you with an opportunity to appeal that decision. If you infringe other people’s intellectual property rights, Helix will disable your account and take such action as we may deem appropriate.
You agree to abide by all applicable laws and regulations when using the Service. Your continued access to the Service and right to use the Service is subject to proper conduct. Without limiting Helix’s rights to control the Service’s environment, and the conduct of the End Users within that environment, Helix prohibits the following practices that Helix has determined detract from the overall user experience and you are strictly prohibited from:
Helix and the platform/service providers can close down your account and stop your access to the Service for any reason, at any time, without notice, including, but not limited to if we believe that you have violated these Terms of Use, the Privacy Policy, or any of our policies.
Helix may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Service, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Service, payment methods etc. Helix may occasionally ask you to provide information on your experiences of using the Service etc. which will be used to improve the quality and provision of the Service etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Helix. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Helix, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Helix and acknowledge that Helix may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Helix by following the specific instructions in promotional messages or by our customer support at info@helix-games.com. These communication choices do not apply to mandatory service communications that are considered part of the Service which you may receive periodically.
Helix respects the intellectual property of others and expects our users to do so as well. If you believe that a Submission or other content accessible in the Service is in violation of your copyright or trademark rights, please submit a “Take Down Notice” pursuant to the Digital Millennium Copyright Act, Directive on Copyright in the Digital Single Market, or relevant applicable laws.
The following information must be included when submitting a Take Down Notice:
When you use the Service or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Service or by any other means Helix finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Service or otherwise) satisfy any legal requirement that such communications be in writing.
You are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor disputes between you and other users.
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in a small claims court of competent jurisdiction.
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 28 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AND Helix AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Göteborg (Göteborgs Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Use that is not subject to mandatory arbitration as set forth above in section 28 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Helix may apply to any court of competent jurisdiction for payments, injunctive or other equitable relief.
If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Helix reserves the right, at its discretion, to update or revise the Terms of Use at any time. Helix will post such changes in the Service and or forums etc. related to the Service and these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued use of the Service constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by Helix as permitted above.
These Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Helix may assign its rights under the Terms of Use without notice to you. You may not assign Your rights under the Terms of Use.
The Service and related products and services hereunder are offered by:
Helix Games Limited
Nerine Chambers, PO Box 905, Road Town, Tortola, British Virgin Islands.
Email: info@helix-games.com
[Updated: DATE, 2025]