End-User License Agreement (“Agreement”)
Please read this End-User License Agreement carefully before downloading or using +HP’s games.
1. About These Terms
1.1 This Agreement is entered into by and between you and +HP or PlusHP (hereinafter referred to as “we”, “us” or “our”) in relation to our game (referred to as our “Game”). You agree that by accessing and/or playing our Game, you are bound by the terms and conditions of this Agreement.
1.2 We may update this Agreement from time to time by posting the amended terms in our Game or websites. Your continued use of our Game will be deemed as your acceptance of the updated agreement.
1.3 You consent to entering these terms electronically, and to the storage of records related to these terms in electronic form.
2. Breach and Indemnification
2.1 In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) terminating your right to use our Game; (iii) taking legal action against you or disclosing relevant information to law enforcement authorities and (iv) any other actions set forth in any posted guidelines and rules.
2.2 You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
3. Intellectual property
3.1 +HP and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Game, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
3.2 The Game and the data, content generated by +HP within the Game (collectively referred to as our “Work”) may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. You may not reproduce, distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement.
3.3 The Game’s data, content, including without limitation all copyrights, patents, trademarks, and other intellectual property rights are, and shall remain, the sole and exclusive property of +HP and their owners.
4. By playing our Game, you agree that you will not:
4.1 reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Game, any Content created by others or any portion thereof, in whole or in part;
4.2 use our Game in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
4.2 use cheats, automation software (bots), hacks, mods or any other third-party software designed to modify any part of the Game, collect any information, data of the Game.
4.3 use our Game for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
4.4 except for a necessary backup for playing our Game, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Game;
4.5 remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) or other intellectual property information of +HP or its affiliates, partners, suppliers or the licensors of the Game.
4.6 use our Game in any other way not permitted by this Agreement or any posted guidelines or rules.
5. Miscellaneous:
5.1 Definitions:
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
● “Agreement” means this End-User License Agreement that forms the entire agreement between You and +HP regarding the use of the Game.
● “Game” means the software program provided by +HP downloaded by You through the application store (itch.io or Google Play Store) account to a Device
● “Content” refers to content such as text, images, or other information included in our Game.
● “Device” means any device that can access the Application such as a computer, a cellphone or a digital tablet.
5.2 This Agreement is a legal document between You and +HP and it governs your use of the Game made available to You by +HP.
This Agreement is between You and +HP only and not with itch.io or Google Play Store. Therefore, +HP is solely responsible for the Game and its content. Although itch.io or Google Play Store are not a party to this Agreement, they have the right to enforce it against You as a third party beneficiary relating to your use of the Game.
Since the Game can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Game by those users is expressly subject to this Agreement.
5.3 Scope of License
+HP grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Game strictly in accordance with the terms of this Agreement.
You may only use the Game on a Device that You own or control and as permitted by the Application Store’s terms and conditions.
The license that is granted to You by +HP is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
5.4 Modifications to the Game
+HP reserves the right to modify, suspend or discontinue, temporarily or permanently, the Game with or without notice and without liability to You.
5.5 Updates to the Game
+HP may from time to time provide enhancements or improvements to the features/functionality of the Game, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Game. You agree that +HP has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Game to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Game, and (ii) subject to the terms and conditions of this Agreement.
5.6 Indemnification
You agree to indemnify and hold +HP and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Game; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
5.7 Limitation of Liability
In no event shall +HP or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to,
damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Game, third-party software and/or third-party hardware used with the Game, or otherwise in connection with any provision of this Agreement), even if +HP or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special
consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
5.8 Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws.
5.9 We won’t hold responsibilities if you have any problems with the games that not downloaded from our offical source.
5.10 Entire Agreement
The Agreement constitutes the entire agreement between You and +HP regarding your use of the Game and supersedes all prior and contemporaneous written or oral agreements between You and +HP.
Contact Us
If you have any questions about this Agreement, You can contact Us: plushpgames@gmail.com
Privacy Policy
This privacy notice for +HP (“we,” “us,” or “our”), describes how and why we might collect, store, use, and/or share (“process”) your information when you use our services (“Services”), such as when you:
Download and use our Games (Tickle Aoi, Demon’s Little Game, Night Town…), or any other application of ours that links to this privacy notice
Our Game itself doesn’t collect any information from you. We won’t hold responsibilities if you download the Game that’s not from our official sources.
What personal information do we process? We do not process personal information.
Do we process any sensitive personal information? We do not process sensitive personal information.
We would not be responsible for the data that third parties such as Google Play Store and Itch.io collect, nor we can change or delete that information.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
If you still have any questions or concerns, please contact plushpgames@gmail.com.
+HP 