XQUANT CO., LTD (“HapaBox” “we” or “our”) owns and operates https://hapabox.com (the "Site"). We are registered in the United Kingdom under registration number 13721843 and have our registered office at 291 Brighton Road, South Croydon, United Kingdom. If you are outside of the European Union and/or the United (collectively referred to herein as the “EU”), these Non-EU Terms of Service are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through HapaBox (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on HapaBox (“Materials”), and any Materials posted to or otherwise shared on HapaBox by you such as posts made to the chatroom (“Content”).
The Services also include the deposit of in-store credits (“Credits”) which may be used to purchase virtual mystery boxes (“Boxes”) and experience points (“EXP”). As randomly determined, Boxes may contain EXP or physical item(s) which may be redeemed, exchanged, or otherwise disposed of (“items(s)”). At all times, the value of the items(s) and/or EXP revealed in a Box will be equal to or greater than the price of the Box.
By visiting, accessing, and/or using any part of HapaBox, you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Non-EU Terms of Service, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness. Further, you understand and agree that you are solely responsible for reporting and paying any taxes applicable to you under the laws of your state of residence which may arise from using the Services.
By visiting, accessing, and/or using any part of HapaBox, you acknowledge that you have read and understood these Non-EU Terms of Service and our other policies in full and without reservation. We reserve the right to unilaterally change, modify, or replace any of these Non-EU Terms of Service, which may reasonably be required from time to time (including to ensure compliance with any applicable laws). All modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.
We agree that if we change anything in these Non-EU Terms of Service, we will change the “Last Updated” date at the top of these Non-EU Terms of Service. You agree to re-visit this page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Non-EU Terms of Service, then you may presume that nothing in these Non-EU Terms of Service has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Service in their entirety. You must agree to any updated Terms of Service or immediately cease use of HapaBox. If you fail to review these Non-EU Terms of Service as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.
A. Registration
All users may register for a single account at HapaBox, provided you meet the requirements set forth herein and otherwise abide by these Terms of Service. If you register for more than one account at HapaBox, we may terminate either or both accounts, and you may forfeit all rights associated with and interests in such accounts, including any EXP or Items earned on either or both accounts. To purchase Boxes or EXP at HapaBox or to use other paid features of HapaBox, you must also provide a valid payment method. If you fail to provide the required information, if we reasonably believe that you have provided false information, or if you fail to agree to these Terms of Service, we may terminate your account. Acceptance of registration is subject to our sole discretion.
B. Proof of Age and Identity
We reserve the right to ask for proof of age or identity at any time and for any reason, including requiring you to submit a copy of your government issued photo identification or tax I.D. number before using any feature of the Services. If you fail to provide current and complete documentation per our request, we are entitled to deny or restrict access to HapaBox or any feature of the Services, including withholding any funds in your account balance, refusing redemptions, exchanges, and other disposals of items(s), and refusing account closures. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or approve any user or any Materials posted by our users.
C. Maintenance
If you provide any false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, or if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we have the right to suspend or terminate your account and refuse any and all current or future use of HapaBox, as well as subjecting you to criminal and civil liability. If we suspend or terminate your account, your membership, account, and discounts are null and void, and you will be responsible for a-la-carte billing for the Services.
D. No Account Sharing
You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that we may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
E. Termination by You
You have the right to close your account at any time for any reason by contacting us at [email protected]. You will not assign, transfer, sell, or share your membership to HapaBox. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due.
F. Termination by Us
We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, but you understand that any outstanding balance due will remain if you are terminated with or without cause. We are not responsible for preserving terminated account information which may be permanently deleted at our discretion.
A. Materials
You understand that all we are selling you is access to HapaBox and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access HapaBox or use the Services. All users may access certain public areas of HapaBox and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, nontransferable personal license to access and use only those Materials provided on free areas of HapaBox for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of HapaBox or the Materials therein. We also grant you a limited, nonexclusive, nontransferable personal license to access HapaBox and use the Services and the Materials therein, as limited by your additional purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access HapaBox and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.
B. Content
We may permit you to submit Content to HapaBox, including posts made in the chatroom. Except for personally identifiable information covered under our Privacy Policy, we will consider Content submitted to HapaBox non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to HapaBox.
You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of HapaBox (and derivative works of it) in any media formats and through any media channels. This license shall include the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of HapaBox at our sole discretion. We may freely use and otherwise exploit this Content for any purpose.
Further, you grant each user of HapaBox a worldwide, nonexclusive, royalty-free license to access, use, reproduce, display, and perform the Content through HapaBox, as permitted through HapaBox and under these Non-EU Terms of Service.
At HapaBox, we pride ourselves on offering our customers only the best and most authentic products. We understand that trust is key when it comes to shopping online, which is why we source all of our products from trusted and authentic platforms like StockX. Our team of experts thoroughly inspects every item that comes through our doors to ensure that it meets our high standards of quality and authenticity. When you shop on our website, you can rest assured because you are getting a genuine product that is in excellent condition. So whether you're looking for the latest sneakers, designer clothing, or rare collectibles, you can trust that Hapa Box has got you covered.
A. Boxes
By purchasing Boxes, you understand and agree that you may receive (a) EXP that has a fair market value equal to or greater than the price of the Box, (b) items(s) that have a fair market value equal to or greater than the price of the Box, or (c) a combination of EXP and items(s) that, in total, have a fair market value equal to or greater than the price of the Box. Your Credits will be instantly debited for the purchase of the Box. You will then see a visual animation to signify the action. It is important to note that this animation is purely for display purposes, and the items(s) shown in the animation may not always be the items(s) you have actually revealed.
Images of Boxes are for illustrative purposes only. Although we have made every effort to display the items(s) revealed to be in Boxes accurately, we cannot guarantee that your device’s display of the items(s) revealed to be in Boxes accurately reflects the items(s) in the Boxes. Your items(s) and the packaging of the items(s) may vary slightly from those images.
Every available Item that we fairly pack into the Boxes is displayed beneath the Box listing prominently displayed at HapaBox. The results of your purchased Box are not determined by the visual display, but are instead determined by the algorithm we use. This algorithm is fair and verifiable. For more information, please read our Provably Fair page.
B. Daily Drops
Each day, we may offer you certain free daily rewards depending upon your level, including the ability to open certain free Boxes (“Daily Drops”). You can increase your level (and therefore increase the amount of Daily Drops available to you each day) by purchasing EXP or obtaining it as an Item in a Box. You understand and agree that if you fail to open the Daily Drop(s) in a timely manner, you are not entitled to any rights associated with the Daily Drop(s), and that you are not entitled to any rights associated with the Daily Drop(s) limited to levels that you have not yet attained.
C. EXP
EXP provides users with the ability to “level up” and access to more Daily Drops each day which may feature better potential items(s). When you top-up, you will get extra EXP. You understand and agree that EXP is non-transferable between users and has a real-world fair market value equivalent to the price displayed at HapaBox.
D. Exchanges
Prior to redeeming the items(s) in your Box, you may select to pay a fee to exchange the items(s) in your Box by paying the exchange fee which is prominently displayed on the page associated with the associated Box. The price of the exchange fee is subject to change without notice.
If you select to exchange the items(s) in your Box for different items(s) of equal or lesser value, you must select items(s) of equal or lesser value and pay the exchange fee and any delivery costs associated with this newly selected item(s).
If you select to exchange the items(s) in your Box for Credits, the value of the items(s) in your Box (less any exchange fees) will be added to your account as Credits which can then be used to purchase other Boxes or EXP.
A. Redeeming items(s)
If you select to physically redeem the items(s) in your Box, we may require you to provide certain information associated with the selection and delivery of the items(s), such as delivery address, email, or size selection. If you fail to provide complete and accurate information, we may cancel the order and issue a refund or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for failure to or delay in supplying the items(s) or any portion thereof, if this failure or delay is caused by you failing to provide complete and accurate information.
B. Delivery and Importation Fees
The costs of delivery (excluding customs, duties, or related importation fees, if applicable) will be as displayed to you. You understand and agree that you are responsible for all delivery and importation fees related to delivery of your items(s). In some cases, our third-party service providers may inform us whether you have paid the importation fees. In other cases, your post man may attempt to charge you importation fees. We disclaim all responsibility for any importation fees, regardless of whether our third-party service providers have informed us that you have paid your importation fees. To avoid paying importation fees, you may contact support, before redeeming items(s), to find out where we will be shipping the items(s) from. Once you have paid any delivery and importation fees and provided all necessary information, we will deliver the items(s) to you as soon as reasonably possible, except for in cases of delay due to an event outside our control. Our delivery time is on average between three (3) days and thirty (30) days.
C. Collecting Luxury items(s)
In some cases, luxury items(s) may be collection-only. In such cases, we will provide you with notice of collection-only status in the description of the luxury items(s). It is your responsibility to check the description of the luxury items(s) to determine whether the luxury items(s) are collection-only. If item(s) are collection-only, we will not deliver the item(s) to you, and you must collect the items(s) from the collection point listed in the description of the luxury items(s).
D. Delays
If our supply of the items(s) is delayed by an event outside our control, then we will provide notice to you as soon as possible, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any items(s) you have redeemed but not received.
E. Failure to Accept Delivery
If you are not home when the items(s) are delivered, you understand and agree that you may be left a note instructing you on how to rearrange delivery or collect the items(s) from a local depot. If you fail to rearrange delivery or collect the items(s) from the local depot, we may issue a refund to you.
F. items(s) Lost in Delivery
If you believe that your item(s) have been lost in the delivery process, please send an email to [email protected]. We may require proof of non-shipment, and you will not be issued a refund if you fail to provide proof of non-shipment.
G. Damaged or Faulty items(s)
If you receive damaged or faulty item(s), please send an email to [email protected]. We may require you to return the item(s) before being eligible for a refund, provided we pay the delivery costs associated with returning the damaged or faulty item(s) to us. If we do not receive the item(s) or if the item(s) are not damaged or faulty, we will not issue a refund to you.
H. Refusing Redemption
In some instances, such as if an Item is out of stock or if an error has occurred in the description of the price or the items(s), we will be unable to accept your order, and we may refuse redemption.
We may issue you in-store credit in the value of the items(s) if: we have changed the items(s); we inform you about an error in the description or price of the items(s); there is a risk that supply of the items(s) may be significantly delayed because of events outside our control; we suspend supply of the items(s) for technical reasons or in response to changes in relevant laws and regulatory requirements; or you have a legal right to end the contract because of something we have done. In such an instance, you must return all item(s) that were delivered to you, and we will pay the delivery cost associated with returning those item(s).
I. Refunds for items(s)
You will only be entitled to a refund under this section if (a) you meet one of the requirements laid out above, (b) you return all items(s) for which you request a refund, and (c) you pay the delivery costs associated with returning those items(s) to us, unless otherwise agreed in this section. In all instances any refund for delivery costs will be the costs of delivery by the least expensive method we offer. For example, if we offer delivery of the items(s) within three to five (3-5) days at one cost but you choose to have the items(s) delivered within twenty-four (24) hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
If you are entitled to a refund for items(s) under this section, we may, in our sole and absolute discretion, resolve the issue by (a) refunding the value of the items(s) to you directly less any delivery, storage, and restocking fees, (b) by providing you with Credit or cryptocurrency in the value of the items(s) less any delivery, storage, and restocking fees, (c) by sending like replacement items(s) to you, or (d) by sending you different items(s) of equal or greater value.
J. Refunds for Credits
Due to the particularity of the mystery box, we do not support credit card refunds. Once the payment is done, it can’t be refunded.
A. Credits
If you provide valid and current payment information, you may deposit Credits to your account which may be used to purchase Boxes and EXP or to utilize other features of HapaBox, such as paying for exchange fees or upgrades. The price of each Box and the cost of any exchange fees are prominently displayed at HapaBox at the time of purchase. The price of EXP is prominently displayed on HapaBox at the time of purchase. The price of every other product, service, feature and any associated fees are prominently displayed at HapaBox at the time of purchase.
B. Value of Items
items(s) have the value prominently displayed on the description of the items(s) at any given time. Thus, the value of items(s) acquired by you will be the value of the items(s) at the time you attempt to redeem, exchange, upgrade, or otherwise dispose of the items(s) – not the value of the items(s) when acquired by you.
C. Fees
We reserve the right to charge additional fees for access to HapaBox or any other feature or service of HapaBox, and to change our fee structure at our discretion. You understand and agree that the price of Boxes, the value of items(s), and the price of any fees may be updated daily. All previous prices, value, offers, and discounts are unavailable once removed from HapaBox.
You agree to pay any and all fees or account charges related to any fees, charges, purchases, exchanges, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.
D. Third-Party Payment Processing
We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with HapaBox. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
E. Changes to Your Billing Information
You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing or payment through HapaBox, if applicable. You are responsible for any credit card charge backs, dishonored checks, and any related fees that HapaBox incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent.
F. Chargebacks
If you make a purchase at HapaBox that results in a chargeback, we may terminate your account.
G. Changes to Our Billing Methods
We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.
H. Refunds
You understand and agree that it is our standard policy that all purchases, including all purchases of Boxes and EXP, are final and nonrefundable. Further, you cannot return or exchange any EXP revealed in your Box. We reserve the right to address all refund requests at our sole discretion.
I. Billing Errors
If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Non-EU Terms of Service.
J. Fraudulent Use of Credit Cards
We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
You agree that you will only use HapaBox, the Services, and the Materials for purposes expressly permitted and contemplated by these Non-EU Terms of Service. You may not use HapaBox, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
· use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these Non-EU Terms of Service or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:
laws related to illegal gambling and gaming;
intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers;
laws against obscene, lewd, defamatory, or libelous speech; and
laws protecting confidentiality, privacy rights, publicity rights, or data protection.
· fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
· link to HapaBox on any third-party website in any way that is unfair, illegal, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
post, upload, or share Content in any language other than English.
· post, upload, or share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise just plain nasty or objectionable, or any content that, in our sole discretion, is otherwise inappropriate.
· engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
· impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.
· engage in platform manipulation, including cheating, hacking, scamming, exploiting, or otherwise taking advantage of any features of HapaBox.
· circumvent, disable, damage, or otherwise interfere with the operations of HapaBox, any user’s enjoyment of HapaBox, or our security-related features or features that prevent, limit, or restrict the use or copying of any materials or content, or features that enforce limitations on the use of HapaBox or the content on it, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
· reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of HapaBox or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
· access or use any automated process (such as a robot, spider, scraper, or similar) to access HapaBox in violation of our robot exclusion headers or to scrap all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
· modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.
· commercially exploit or make available the Services or the Materials therein to third parties including any action or attempt to “frame” or “mirror” HapaBox.
· take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
· attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Engaging in any Prohibited Use will be considered a breach of these Non-EU Terms of Service and may result in removal of any balance from your account or any items(s) from your cart which you have not yet redeemed, refusal to process any order or redemption, temporary or permanent limitation of your ability to use certain features of HapaBox including the chatroom, immediate suspension or termination of yours account and access to HapaBox, or any other responsive action we deem proper, in our sole discretion.
We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Non-EU Terms of Service and certain international, foreign, and domestic laws.
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Non-EU Terms of Service, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in HapaBox receiving a subpoena, discovery request, production order, or court order that causes HapaBox to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
A. Affiliate Program
Affiliate Program (“Program”) is a way for users to earn compensation (“Commission”) provided by HapaBox. Whenever new users join HapaBox through your Referral Link (“Link”), or new registered users join HapaBox using your Referral Code (“Code”), you can get commissions according to a certain percentage depending on the amounts these users top up.
We provide all HapaBox users with the right to join the Program under the premise of complying with the local laws and regulations of the countries or regions where users are located. Users can use Code and Link to promote, publicize, and market HapaBox, and earn commissions as a result.
You are not allowed to use Code and Link for purposes other than promoting HapaBox, and you ensure that you will not violate our terms of service.
If you close your HapaBox account or your qualification is terminated, your Code and Link will become invalid and will be removed from this Program automatically.
Please note that the license of this Program can be revoked at any time without prior notice.
B. Affiliate Website and Referral Content
You can publish your Code or Link using the following two methods:
· Publish your Code or Link on your personal website (“Affiliate Website”), and
· Publish your Code or Link in the content you post on third-party websites or social media platforms (“Referral Content”).
We do not recommend that you directly publish your Code or Link on any third-party websites or social media platforms, if you do not own or operate any third-party website.
You cannot add your Code and Link directly to paid advertisements. In the meantime, If you want to add your Affiliate Website to paid advertisements, you need to follow these requirements:
· Do not use HapaBox’s trademarks, URLs, or descriptions with wrong spellings or misleading contents thereof,
· Do not bid on HapaBox’s trademarks and misspellings.
You agree and comply with the terms that, if you violate this agreement, we reserve the right to request you:
· Remove Code and Link from Affiliate Website,
· Remove Referral Content from third-party websites or social media platforms, and
· Delete paid advertisements that do not comply with the terms of this agreement.
You are fully responsible for Affiliate Website and Referral Content. If you have any questions about publishing Code and Link, we recommend that you contact us before publishing content.
You promise that you own or operate an Affiliate Website or have the right to post Referral Content on third-party websites or social media platforms.
You need to ensure that the content you post on Affiliate Website, third-party websites or social media platforms does not infringe or violate any intellectual property rights, and does not violate any laws, rules, and regulations. For the content you post on the channels above, HapaBox does not have an obligation to provide, review, or monitor your contents. Please be aware that we have the right to claim against you if HapaBox is claimed, charged, indebted, or sued for any of your actions in the Program.
C. Prohibited Uses of the Program
HapaBox has the right to terminate your eligibility to participate in the Program at any time and for any reason, including your user behavior, Affiliate Website and Referral Content posted on third-party websites or social platforms, under the following circumstances:
· When your suspicious behavior in this Program is questioned or noticed by any individual or entity and you fail to notify us in a timely manner, and
· When you use materials that are harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, distress, embarrassment, discomfort or inconvenience, and
· When you post the Referral Code directly to any third-party website that is not owned or operated by you, including any third-party social media platforms, and
· When you use the Referral Code in or otherwise promote HapaBox via advertorials, paid advertising, media buying, advertising exchanges, programmatic networks, email marketing, SMS marketing, or pop up/under windows, without our prior written consent, and
· When you encourage password theft or hacking, and
· When you use any fraudulent, deceptive, or unfair advertising, transactions, or trade practices, and
· When you cheat, defraud, or mislead us in any manner, and
· When you use any techniques or software to manipulate search engine results that may be false, misleading, infringing, or otherwise manipulative or deceptive in order to drive traffic to the Referral Code, and
· When you fail to receive a sufficient number of unique hits, and
· When you appear to utilize deceptive, unlawful, or unfair promotional tactics or devices, and
· When you use URLs or mobile applications that are confusingly similar to our trademarks and service marks, contain our copyrighted material without license, or if you otherwise infringe upon our intellectual property or engage in any activity that may be harmful to our image, goodwill, or reputation, and
· When you use any meta-tags, pay-per-click advertisement, or other search engine terms that would imply or suggest that illegal content may be found using the Referral Code or that users can engage in illegal activities using the Referral Code, and
· When you violate the restricted nonexclusive license provided in the Terms of Services, and
· When you market HapaBox as an illegal gambling service, and
· When you use any third-party website to promote HapaBox as part of the Program, when doing so would violate the third-party website’s terms of service and/or other policies, and
· When you violate any other provision in the Terms of Services, and
· In case of termination of Sponsorship agreement before its expiration date, for any reason, and
· When you use “Trojan Horses,” viruses, or the like, which cause or have the potential to cause damage to any computer or Programs, regardless of the intent, and
· In case of paid partnership whether the agreement ends before expiration date or after the termination date, you as an affiliate are not eligible for any future Commissions, whether earned or unearned, and
· When you attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section, and
· When we deem your application or The Referral Code to be unsuitable for any reason.
Violating any of the above terms may result in the termination of your eligibility to participate in the Program, and HapaBox will confiscate commissions you have received previously or in the future.
If you violate any of the above terms, we will cooperate fully with law-enforcement authorities to investigate your behaviors, in addition to confiscating the commissions you’ve obtained in the Program. Please note that you are responsible for any monetary losses during the investigation related processes.
If you violate the terms related to URLs or Referral Content, you need to immediately transfer the offending URLs to HapaBox, or delete these contents immediately upon request. You are responsible for any costs incurred during this process.
D. Affiliate Exclusivity
After joining this Program, you will not be allowed to participate in similar promotion service plans, websites or products, to provide online marketing services, or to become an “influencer” of such websites and products. This includes:
· Other websites or products related to mystery box services, and
· Other websites or products related to PVP probability games, and
· Other websites or products of the same type, whether the service is physical or virtual.
If you violate the exclusivity rules, we have the right to block your account, clear your commissions, and stop you from continuing to receive commissions.
If you are subject to the above treatments due to a violation of the exclusivity rules, you can appeal to [email protected] and your appeal will be judged and processed by Hapa Team.
Accepting the Affiliate Program’s terms of service means that you are aware of, understand, and accept the confidentiality nature of HapaBox’s Affiliate data. If you share your Affiliate data with any other similar website or product, “influencer”, marketing agency, or any third-party organization without our written consent or in an illegal way, we have the right to stop you from participating in the Program, confiscate your commissions and block your account forever.
E. FTC Compliance
Any fraudulent or unfair advertising is prohibited. You should note that if you are not familiar with the legal terms of advertising or trading, you have an obligation to seek legal advice or to consult relevant laws in your country or region before engaging in any promotional activities.
lf you are in the United States, you must agree to and comply with the regulations, rules, policies and advisory opinions issued by the United States Federal Trade Commission ("FTC"). Any transaction that violates the above regulations will result in your inability to receive commissions.
F. Commissions
HapaBox will pay commissions to you for participating in the Program in accordance with the provisions of the Terms of Service. You acknowledge and agree that the commission percentage and amount may change at any time without any prior notice based on HapaBox's judgment on the operation of the website, and we are exempt from penalty for such behavior.
You understand and agree that the commission percentage varies depending on different tiers, and you can only get commissions for your current tier or lower. According to the detailed rules of the Program, your tier could change, which may go up or go down. You need to check the specific contents and tier rules in the AFFILIATES page.
You acknowledge and accept that you will regularly visit the AFFILIATES page to check the real-time commission percentage, and your continued participation in the Program will be deemed to be your agreement and acceptance of such changes of commission percentage.
You agree and accept that HapaBox may, in its sole discretion, refuse to pay or withhold commissions, and may terminate your participation in the Program for any suspicious or risky behaviors, including an unusually high number of refund orders.
When facing legal problems, HapaBox will confiscate your commissions and terminate your eligibility to participate in the Program. When cooperating with legal authorities, HapaBox has the ability to request your information such as Social Security Number, Employer Identification Number, Individual Taxpayer Identification Number and so on.
G. Limitation of Liability related to the Program
l In no event shall either party be liable to the other for any indirect, special, incidental, punitive or consequential damages, including loss of profits, loss of data, loss of business or other loss arising out of or resulting from your participation in the Program, even if the other party has been advised of the possibility of such damages.
l The foregoing shall apply regardless of the negligence or other fault of either party and regardless of whether such liability sounds in contract, negligence, tort or any other theory of liability.
l Notwithstanding the aforementioned limitations of liability, you agree that if we are held liable to you for damages, the total amount of liquidated damages for any and all claims shall not exceed one hundred dollars (U.S. $100.00).
A. Governing Law and Venue
These Non-EU Terms of Service and all matters arising out of, or otherwise relating to, these Non-EU Terms of Service shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All parties to these Non-EU Terms of Service agree that all actions or proceedings arising in connection with these Non-EU Terms of Service or any services or business interactions between the parties that may be subject to these Non-EU Terms of Service shall be brought exclusively in Orange County, Florida. The parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, these Non-EU Terms of Service in a jurisdiction other than that specified in this paragraph. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Non-EU Terms of Service whatsoever. All parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any disputes. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Non-EU Terms of Service. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.
B. Class Action Waiver
You hereby waive any right or ability to initiate any class action or collective proceeding.
C. Rights to Injunctive Relief
You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach this Agreement, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
D. Provisions with Stipulated Liquidated Damages
In various provisions in these Non-EU Terms of Service, we have outlined liquidated damages amounts to be applied as penalties against you if you violate these specific provisions. You specifically agree to pay these amounts. In doing so, you acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
E. Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any liquidated damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the actual or liquidated damages themselves. You agree that you will pay these fees and costs.
A. We Disclaim All Warranties
We provide access to HapaBox and use of the Services “as is” and “with all faults.” We make no warranty that HapaBox or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to HapaBox or use of the Services will be uninterrupted, timely, secure, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. We may change any of the information found on HapaBox at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through HapaBox or any transaction entered into through HapaBox. There are no warranties of any kind that extend beyond the face of these Non-EU Terms of Service or that arise because of course of performance, course of dealing, or usage of trade.
B. Use at Your Own Risk
You expressly agree that access to HapaBox and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that HapaBox or the Services will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, HapaBox, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through HapaBox is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
C. Third-Party Links
HapaBox may contain links to third-party websites. These links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from the use thereof. We reserve the right to terminate any link at any time.
D. No Responsibility for User-Generated Materials
HapaBox may include Materials uploaded by our users, including posts made in the chatroom. We expressly disclaim all liability for any user-generated content in the Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content in the Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor the Materials. However, we reserve the right to refuse to publish, remove, or block the Materials, or any portion thereof, or to terminate a user’s access for uploading Materials that violate these Terms of Use, at any time, for any reason, with or without prior notice. If we choose to monitor HapaBox at any time, we assume (a) no responsibility for the Materials, (b) no obligation to modify or remove any inappropriate Materials, and (c) no responsibility for the conduct of the user submitting those Materials. To submit an abuse complaint about Materials uploaded by other users please contact us at [email protected].
E. Violations of Law
Access to HapaBox and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access HapaBox and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
You agree to defend, indemnify, and hold harmless HapaBox, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use HapaBox or the Materials, or any breach of these Non-EU Terms of Service by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such a claim or suit. We reserve the right to participate in the defense of such a claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of HapaBox including claims relating to the following: Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, revenge porn law violations, any financial loss not due to the fault of HapaBox, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of HapaBox, unavailability of HapaBox, its functions and any other technical failure that may result in inaccessibility of HapaBox, or any claim based on vicarious liability for torts committed by individuals met on or through HapaBox, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of HapaBox, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
· any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
· personal injury or property damage of any nature resulting from your access to and use of HapaBox.
· any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.
· any interruption or cessation of transmission to or from HapaBox and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with HapaBox.
· any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through HapaBox by any third party.
· any incompatibility between HapaBox and your other services, hardware, or software.
· any claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of HapaBox to mark certain content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.
A. Trademarks
HapaBox is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on HapaBox may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits HapaBox.
B. Copyrights
Except for Materials posted by our users such as in the chatroom, the Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. HapaBox, the Materials, and our software are protected by copyright law. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Non-EU Terms of Service violates our intellectual property rights.
C. Notification of Copyright Infringement
We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights at HapaBox, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to HapaBox, in accordance with our DMCA Policy or Repeat Infringer Policy.
A. Entire Agreement
These Non-EU Terms of Service and any other legal notice or agreement published by us at HapaBox, forms the entire agreement between you and us concerning your use of HapaBox as a Non-EU user. It supersedes all prior terms, understandings, or agreements between you and us regarding use of HapaBox. A printed version of these Non-EU Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such versions of these Non-EU Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
B. Policies of Our Service Providers
You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such a third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.
C. Assignment and Delegation
We may assign any rights or delegate any performance under these Non-EU Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
D. Severability
If any provision of these Non-EU Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
E. Cumulative Remedies
All rights and remedies provided in these Non-EU Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
F. Successors and Assigns
These Non-EU Terms of Service inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Non-EU Terms of Service.
G. Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics, pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
H. Notices
Any notice required to be given by us under these Non-EU Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting at HapaBox, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us through the contact button at HapaBox, unless otherwise specified in these Non-EU Terms of Service. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Non-EU Terms of Service. Notices shall be deemed effective upon delivery. Notices delivered by overnight carriers shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
I. Communications are Not Private
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. You will not use HapaBox to transmit any communication for which you intend only you and the intended recipient to read. Notice is hereby given that all messages entered into HapaBox may be read by the agents and operators of HapaBox, regardless of whether they are the intended recipients of such messages.
J. Authorization and Permission to Send Emails to You
You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult content, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
K. Consideration
We allow you to access and use HapaBox, the Services, and the Materials, as limited by your additional purchase of certain paid features and upgrades, in consideration for your acquiescence to all the provisions in these Non-EU Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of HapaBox.
L. Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through HapaBox. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
M. English Language
We have written these Non-EU Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Non-EU Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Non-EU Terms of Service. In the event that you choose to translate these Non-EU Terms of Service, you do so at your own risk, as only the English language version is binding.
N. Export Control
You understand and acknowledge that the software elements of the Materials at HapaBox may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
O. No Agency Relationship
Nothing in these Non-EU Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
P. Usages
In these Non-EU Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:
· references to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
· in computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
· references to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
· “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
· “including” means “including, but not limited to.”
Q. No Waiver
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Non-EU Terms of Service. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Non-EU Terms of Service.
R. Headings
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Non-EU Terms of Service.
S. Other Jurisdictions/Foreign Law
We make no representation that HapaBox, the Services, or any of the Materials are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access HapaBox and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Non-EU Terms of Service shall be interpreted as an admission that HapaBox is subject to the laws of any nation besides the United States.
T. Service Not Available in Some Areas
You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access HapaBox. HapaBox IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use HapaBox while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Non-EU Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that HapaBox cannot be held liable if laws applicable to you restrict or prohibit your participation. HapaBox makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on HapaBox, nor shall any person affiliated, or claiming affiliation, with HapaBox have authority to make any such representations or warranties. We reserve the right to restrict access to HapaBox in any jurisdiction.
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