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Welcome to the H5Games4u website (the "Website"). By accessing or using the site, you agree to be bound by this agreement and the terms of our privacy policy at https://www.h5games4u.com/page/privacy-policy which are incorporated by this reference. This agreement shall remain in full force and effect while you use any of the H5Games4u family of sites.
The Platform is intended for visitors and users who are thirteen (13) years of age (or the applicable minimum age in your country) or older. Younger visitors are advised to use the services and games together with their parents.
Your use of the Website and/or the Platform means that you are aware of, and agree to, the most recent version of the Terms and our Privacy Policy as published on the Website. It is your sole responsibility to ensure that your use of any and all third party websites or content complies with all third party requirements.
We may modify these Terms from time to time. We will notify you of any material changes by email (if you are registered on our Platform via an account (“Account”)) or notice on the Website (where deemed necessary) and will note the date of the last change. If you use the Website or Platform after these updates are posted, you will be deemed to accept these changes and agree to be bound by them. These Terms will continue to apply until terminated, either by you or by us, as described in these Terms.
Our Platform (and all the available content) is licensed for your use, but its ownership as a property remains with H5Games4u and its licensors. Provided that you comply with all Terms of this Agreement, H5Games4u grants you a limited license to use our Platform and play the available web games for your personal, non-commercial use. You may also upload videos and stream games from our Platform on third party video sharing and streaming platforms but only when you follow our rules.
H5Games4u grants you a non-exclusive, limited, non-sublicensable and non-transferable right to use our Platform, subject to the limitations set forth in these Terms and any other limitations communicated by us in writing. Nothing in these Terms prohibits H5Games4u from providing our Platform to others.
Except for the limited rights expressly granted below, we reserve all right, title and interest in and to the Website and our Platform, including all associated intellectual property rights. Any games available through our Platform are owned by H5Games4u or its partners. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Website/Platform, use of the Website/Platform or access to the Website/Platform without our express written consent. You may not duplicate, copy or reuse any part of the visual design elements without our express written consent.
Users may create, upload, livestream and monetise videos on online (live streaming) websites using gameplay and screenshots from games available on our Platform (“Gaming Content”), subject to the following conditions: (i) H5Games4u’ Platform and its logo will be clearly visible and not obscured, (ii) only monetise such videos and streams in accordance with the monetisation methods available on such online websites (e.g., Youtube, Twitch,...), (iii) you do not imply or state that your Gaming Content is officially affiliated with, sponsored, endorsed or approved by H5Games4u (except when we have entered into a partnership with you) and (iv) the User is responsible for any third party content (e.g. music) that it uses together with the Gaming Content. H5Games4u reserves the right to take action at any time against Gaming Content that H5Games4u believes is unlawful, infringing, inappropriate or not in accordance with these Terms.
You can access our Platform and play web games with or without an Account. You should keep your username and password protected and secure. All activities that occur under your Account or on our Website are your responsibility. The Account information you provide to us must be accurate, complete, and your own. We are not responsible for any loss or damage arising from your failure to comply with these requirements or as a result of the use of your Account. If you are under 13 years old (or the applicable minimum age in your country of residence) or do not understand what this agreement is about, you and your parent or guardian must review this agreement together. Your right to use our Platform is also subject to limitations. In general, you should avoid doing anything that might harm H5Games4u or anyone else. Among other things, you may not copy the Platform or use any content in an illegal or harmful manner, make any misrepresentations of or abuse our services, or otherwise violate anyone’s rights or any applicable laws. Failure to abide by any of these rules may result in us revoking and canceling your Account, and voiding this agreement.
We reserve the right to verify whether your information and use of the Platform comply with our rules.
We reserve the right (but do not assume the obligation) to conduct an audit at any time to validate your Account information and/or to ensure that your participation on the Website and use of the Platform does not violate these Terms and/or any applicable law. You authorize us and our agents to make any inquiries to you and for us to use and disclose to third parties that we deem necessary to validate this information. To facilitate the aforementioned validation, you agree to provide sufficient information or documentation as we, in our sole discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we are unable to verify the information applicable to your account, your account may be terminated.
Notwithstanding the above, H5Games4u reserves the right to remove the username linked to your Account if it does not comply with these Terms.
H5Games4u's use of your personal data and our responsibilities in protecting your privacy are described in our Privacy Policy .
We does not control third-party services, and we’re not liable for any transactions you may perform with them, or for what they do. When using third-party services, your security is your responsibility. Please be aware that promotions that are made available through our Platform may be subject to additional rules.
Our Website contains links to other websites on the internet. H5Games4u is neither responsible for nor endorses the content, products, services or practices of third-party websites, including, but not limited to, websites embedded in our Website or third-party advertisements, and makes no representations regarding the quality, content, accuracy or suitability of these websites in the context of your viewing or use. Your use of third-party websites is at your own risk and subject to the terms of use of such websites.
IN THE EVENT THAT YOU CHOOSE TO PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY, H5Games4u IS NOT RESPONSIBLE FOR SUCH PRODUCTS OR SERVICES, AS IT IS NOT A PARTY TO SUCH A TRANSACTION AND IS NOT LIABLE FOR ANY DIRECT OR INDIRECT COSTS OR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOU AND SUCH THIRD PARTY. NEITHER H5Games4u, NOR ITS LICENSORS OR CONTRACTORS, MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF CERTAIN RIGHTS OR COMPATIBILITY.
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy . If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
You are not permitted to misuse any logos or names, or service marks available on the Website.
Unless otherwise indicated, all logos, names, packaging designs and marks on the Website are trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.
If you are interested in embedding our games into your platform, we welcome you to become an official partner of our Game Center. By joining Google’s AdSense for Platforms (AFP) program, you can participate in advertising revenue sharing. We look forward to collaborating with you to build a high-quality gaming ecosystem. Please ensure compliance with all relevant Terms of Service and partnership guidelines.
H5Games4u reserves the right to withdraw qualification at any time and block sites from embedding games at its own discretion, without warning or the requirement to provide justification.
It is strictly forbidden to:
We offer no warranties regarding our services and the Platform, including any regarding their quality, reliability, security, or compatibility.
You understand that we cannot and do not represent or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may have contaminated or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to meet your specific requirements for accuracy of data input and output, and for maintaining a means outside the Website and Platform for reconstructing lost data. We assume no responsibility or risk for your use of the Internet.
OUR SERVICES AND ALL MATERIALS ON THE WEBSITE AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. H5Games4u MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY MATERIAL ON THE WEBSITE, OR ON ANY WEBSITE OR WEBSITES "LINKED" TO THE WEBSITE. H5Games4u DOES NOT WARRANT THAT THE WEBSITE AND/OR OUR PLATFORM WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
If H5Games4u is sued or otherwise put in harm’s way because of something you did, you will bear the associated costs and damages.
You agree to defend, indemnify and hold harmless H5Games4u, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") from and against any and all liability, loss or damage, costs or expenses, including but not limited to court costs, attorneys' fees, and any awards or damages caused by, in connection with or incidental to: (a) your use of our Platform; (b) the Website; or (c) other services offered through the Website.
You can delete your Account at any time yourself on our Platform. Furthermore, we can terminate or suspend your access to our Platform when we believe that you do not follow our rules.
H5Games4u reserves the right to terminate these Terms and end your access to the Website and/or Platform, or temporarily suspend all or part of your access, at any time and without prior notice under the following circumstances: If we have a reasonable belief that you have violated, or may potentially violate, any term or provision outlined in these Terms; If we determine that termination or suspension of your access is required by applicable law or legal obligation; At our sole discretion, for any other reason we deem suspension or termination necessary or appropriate. We may delete any Account Information or other material related to your use of the Website and/or our Platform on our servers or otherwise in our possession. You acknowledge that we will not be liable to you or any third party for any termination of your access to the Website and/or our Platform.
If you have any concerns or complaints, please email us at [email protected]. When you provide us with feedback we are free to use such feedback at our own discretion.
If you have a question or complaint regarding the Platform or Website, please send an email to [email protected].
We value your opinion. If you provide us with feedback, including data, variables, comments, suggestions, ideas, notes, drawings, graphics, concepts or other information ("Feedback"), you are providing that Feedback, and all of your rights thereto, to us free of charge, and such Feedback will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This applies whether you submit such Feedback to us by email, through a form on the Website, on a bulletin board or otherwise.
If you believe in good faith that materials available on the Website or Platform infringe your copyright, you (or your agent) may send us a written notice by courier, mail or e-mail, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you can send us a counter-notice. Notices and counter-notices must be sent to [email protected].
For US Residents Only: If you are a copyright owner or an agent thereof and believe that your intellectual property rights have been infringed upon, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Mindful of the high costs of legal disputes, we want to try to settle any disputes with you related to the Terms by initially attempting to resolve the matter in good faith through written notice.
Mindful of the high cost of legal dispute, not only in money but also in time and energy, both you and H5Games4u agree to the following dispute resolution procedure: In the event of any controversy, claim, action, or dispute arising out of or related to the breach, enforcement, interpretation, or validity of these Terms or any part of it, the party asserting the dispute will first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice will be sent to [email protected].
As a Belgium-based company, the law that governs these terms and conditions and our relationship with you is Belgian law. Any disputes need to be resolved by the competent courts of Leuven (Belgium).
These Terms will be construed in accordance with Belgian law, without prejudice to any other imperative provision of law more favorable to you applicable in your country of habitual residence.
The competent courts of Leuven will have exclusive jurisdiction over any dispute or controversy arising from or related to these Terms or their subject matter. If you are a resident of an EU Member State or a country or state where this clause is prohibited by local law, this clause does not apply to you and does not deprive you of the protection of the mandatory provisions of consumer protection laws in your country. H5Games4u nonetheless reserves the right to take legal proceedings in a country other than Belgium, to protect its interests or to enforce its rights where it deems it appropriate to do so.
To the extent permitted by law, the Parties agree that all claims and disputes made against the other in your or its individual capacity, and not as a plaintiff or class member in any purported class action, class arbitration, or representative proceeding.
If any provision of these Terms is deemed invalid, illegal or unenforceable, such provision will be deemed amended to comply with applicable law and the remaining provisions of the Terms will continue in full force and effect to the extent permitted by law.
These Terms and our Privacy Policy represent the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written communications with respect to the subject matter.
Your use of the Website/Platform does not create an employment, partnership, joint venture or any other relationship beyond that of a website user governed by these Terms. H5Games4u cannot be held responsible in case of default (temporary or otherwise) or in case of failure to perform any of its obligations as a result of a case of force majeure or force majeure.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by H5Games4u without restriction.
H5Games4u's waiver of any term in these Terms does not imply an ongoing or additional waiver of that term or any other term, and H5Games4u's failure to enforce a right or provision does not constitute a waiver of that right or provision.
