Nutzungsbedingungen

Effective Date: February 11, 2025

These Terms of Service establish the legal framework between you and Hana Games, a French game studio organized as a Société par actions simplifiée (SAS). Hana Games is registered under SIREN number 948 522 131, with its headquarters (SIRET 948 522 131 00010) located at 60 RUE FRANCOIS IER, 75008 PARIS, France, and was founded on January 25, 2023. By accessing or using our games, digital store, websites, and related services (collectively, the "Service"), you agree to abide by these Terms of Service, as well as our Privacy Policy and any other applicable policies, which are hereby incorporated by reference.

Before you begin using the Service—whether by visiting any Hana Games website, playing one of our games, or otherwise engaging with our offerings—you must accept these Terms of Service along with our Privacy Policy. In some cases, you may be provided with a guest account, or you might be required to create a registered account known as your Hana Games ID (collectively referred to as your "Account"). By creating or using an Account, you confirm that you are at least the legal age of majority in your country of residence; if you are not, a legal guardian must review and consent to these Terms on your behalf.

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, PLEASE DO NOT INSTALL, USE, OR ACCESS THE SERVICE.
Use of the Service is strictly prohibited in any jurisdiction where such use is not allowed.

Hana Games reserves the right to modify, update, or remove any portion of these Terms of Service, our Privacy Policy, or any other related policies at its sole discretion. Changes will be posted on the Service, and your continued use of the Service constitutes your acceptance of the updated terms. Should you disagree with any aspect of the current Terms, the Privacy Policy, or any other Hana Games policy, rule, or code of conduct governing your use of the Service, your right to use the Service will immediately cease, and you must stop using the Service right away.

1 Accessing Service

1.1 Your Right to Use the Service

By agreeing to these Terms of Service and all applicable Hana Games policies, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for your personal, non-commercial entertainment. Any use beyond this scope is not permitted.

The following conditions apply to your use of the Service:

• Responsibility for Minors:

You assume full responsibility for any unauthorized use of the Service by minors, including any charges incurred on your credit card or other payment methods (e.g., PayPal) by such minors.

• Account Restrictions:

You must not sell, rent, trade, or otherwise transfer your Account. Additionally, you are prohibited from creating an Account using false or misleading information or on behalf of anyone other than yourself. If you have been previously removed from or banned by Hana Games, you are not allowed to access the Service.

• Prohibited Commercial Activity:

The Service must not be used to promote, solicit, or distribute commercial advertisements. This includes sending chain letters, spam emails, or any repetitive or deceptive messages.

Login Information and Your Account
When you register for an Account, you may need to choose a password or provide other credentials (collectively referred to as "Login Information"). To maintain the security of your Account, you must not share your Login Information or allow anyone else to access your Account. If you become aware of any breach of security—such as loss, theft, or unauthorized disclosure of your Login Information—you are required to notify Hana Games immediately and update your credentials. You are solely responsible for keeping your Login Information confidential and for all actions taken using your Account, including any purchases. Hana Games reserves the right to reclaim or remove any username at any time, for any reason, including claims from third parties that a username infringes on their rights.
Note: Unless you are using Hana Games ID, the Service supports only one Account per game on a supported device.

Hana Games ID
Hana Games ID is our dedicated service designed to secure your game account and allow you to access our games seamlessly across all your mobile devices. To protect your account’s security and privacy, once you register for Hana Games ID, it cannot be detached from your game account. Should you have any questions regarding Hana Games ID, please contact us using the support options available within each Hana Games title.

Use Limitations
Any use of the Service that violates these limitations is strictly prohibited and may result in the immediate revocation of your rights to use the Service, along with potential legal liabilities. By using the Service, you agree not to:

• Misuse of the Service or Support:
  Engage in any behavior that Hana Games determines to be contrary to the spirit or purpose of the Service, or that misuses our customer support services.

• Unauthorized Software and Modifications:
  Directly or indirectly use cheats, exploits, automation tools, emulators, bots, hacks, modifications, or any unauthorized third-party software designed to alter or disrupt the Service, any Hana Games title, or your overall game experience. You must not modify any files related to the Service or any game without explicit written permission from Hana Games.

• Disruption of Service:
  Interfere with or adversely affect the normal operation of the Service or impair other users’ experiences. This includes, but is not limited to, manipulating game outcomes, rankings (such as win trading), exploiting errors for unfair advantages, or any other conduct that undermines the intended design of the Service.

• Overloading Systems:
  Disrupt, overload, or contribute to the overloading of any computer, server, or network that supports the Service or any Hana Games game environment.

• Cyber Attacks:
  Initiate, assist, or participate in any form of attack against the Service, including the distribution of viruses, denial-of-service attacks, or other measures intended to disrupt the Service or impair others’ enjoyment.

• Unauthorized Access:
  Attempt to gain unauthorized access to the Service, other users’ Accounts, or any related systems by bypassing or modifying the provided security measures, or by encouraging others to do so.

• Inappropriate Content:
  Publish content that is abusive, threatening, obscene, defamatory, or otherwise offensive. Refrain from posting material repeatedly on an unsolicited basis or linking to content containing nudity, excessive violence, or similarly objectionable material.

• Harassment and Abuse:
  Harass, abuse, or harm any individual or group, or incite others to do so—including Hana Games employees and customer support representatives.

• Intellectual Property Infringement:
  Share or distribute any material that infringes on copyrights, trademarks, patents, trade secrets, or any other proprietary rights, or impersonate another person, including Hana Games staff.

• Reverse Engineering:
  Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code or any proprietary information from the Service or any Hana Games title, using methods not explicitly permitted by Hana Games.

• Credential Solicitation:
  Solicit or attempt to obtain Login Information, personal credentials, or any other sensitive information from other users of the Service.

• Privacy Violations:
  Collect or share private information about others, including personally identifiable details, images, videos, identification documents, or financial information.

• Gambling Activities:
  Use any Hana Games title for gambling, betting, or similar activities where prizes or rewards are at stake, including wagering on match outcomes in which you participate, regardless of whether there is a fee or stake involved.

• Legal and Regulatory Violations:
  Utilize the Service in any manner that violates export controls, anti-money laundering rules, economic sanctions, or any similar laws or regulations, including those enforced by the United States, the European Union, or other jurisdictions.

Hana Games reserves the right to determine what constitutes a violation of these rules or behavior that conflicts with the intended use of the Service. Any breach may result in the termination of your Account and the loss of your right to use the Service, either in part or in its entirety.

1.2 Suspension and Termination of Your Account and Access

Without limiting any other remedies available to us, Hana Games may restrict, suspend, terminate, modify, or delete your account or any portion of your access to the Service—with or without prior notice—if you fail to adhere to these Terms of Service or if we suspect any actual or potential misuse or illegal activity. In such cases, you may lose your username, profile, earned or purchased virtual items, and any associated privileges. Hana Games will not be liable to compensate you for any such losses.

In addition, we reserve the right to take the following actions at our sole discretion:

• Service and Content Restrictions:
  We may limit, suspend, or completely terminate access to the Service, including our games, websites, and any related content, tools, or services. This may involve delaying or removing content that you or others have submitted if we believe that such content creates a risk, poses potential legal liabilities, infringes on third-party intellectual property rights, or conflicts with the spirit or letter of our Terms or policies.

• Repeat Infringers:
  Users who repeatedly violate intellectual property rights or our policies may have their accounts suspended or terminated without further notice.

• Inactivity:
  Any account that remains inactive for 180 days may be terminated.

Hana Games also reserves the right to cease offering or supporting the Service—or any particular game or feature—at any time. If such a decision is made, your right to use that part of the Service will automatically end, and Hana Games will not be obligated to provide refunds, benefits, or any form of compensation related to the discontinued Service. Termination may include disabling your access to any part of the Service, including content that you have submitted or that others have shared.

If you wish to voluntarily terminate your account, you may do so at any time by following the instructions on our support page on the Hana Games website. Simply notify us that you want to close your account, and we will process your request accordingly.

2 Proprietary Rights

2.1 Rights in Our Games and Platform

Hana Games exclusively owns all rights, title, and interest in the Service. This includes, without limitation, any games, software, computer code, themes, visual assets, characters (and their names), storylines, dialogues, slogans, creative concepts, artwork, animations, sound effects, musical compositions, audiovisual elements, operating methods, moral rights, user manuals, in-game chat logs, character profile data, gameplay recordings, and the client and server software used to run our games. All intellectual property and proprietary rights related to our games and the Service remain the sole property of Hana Games.

2.2 User Account Ownership

By using the Service, you acknowledge and agree that you do not acquire any ownership or proprietary interest in your account. All rights to your account, including any associated data and attributes, are and will always be owned exclusively by Hana Games. Your use of an account is governed solely by the limited rights we grant you under these Terms.

2.3 Ownership of Virtual Assets

Hana Games either owns or has secured the necessary licenses and rights for all content displayed in our Service and games. Regardless of how virtual content is obtained—whether earned through gameplay or purchased—you acknowledge that you hold no ownership rights in such content. This includes all virtual items, features, goods, services, in-game currencies, and any other digital assets linked to your account or stored within the Service.

3 User-Submitted Content

3.1 Uploading Your Content

"User-Submitted Content" refers to any communications, images, sounds, data, or other materials that you upload, post, or transmit through a Hana Games game client or via our Service—including but not limited to any chat messages. By submitting any such content, you confirm and warrant that it is:

• Accurate, non-confidential, and not misleading;

• Not in breach of any laws, contractual restrictions, or third-party rights, and that you have obtained any necessary permissions if the content includes personal or proprietary information of others;

• Free from viruses, malware, spyware, worms, or any other harmful components; and

• Subject to processing in accordance with our Privacy Policy, including any personal information it may contain.

3.1.1 Content Monitoring

Hana Games is not responsible for the behavior of users who post content, nor do we commit to pre-screening or continuously monitoring all user submissions. Use of the Service is entirely at your own risk—you may come across content that some find offensive, indecent, or otherwise objectionable. By using the Service, you acknowledge and accept these risks. Additionally, Hana Games may, at its discretion, monitor and record your interactions (including chat communications) with the Service. By agreeing to these Terms, you provide your irrevocable consent to such monitoring and acknowledge that you should not expect any privacy regarding the transmission of your content.

Hana Games reserves the right to review, modify, delete, disable access to, or otherwise remove any user-provided content at any time and for any reason without notice. Even if we choose to monitor the Service, we are under no obligation to alter or remove any content, regardless of its nature. We may, but are not required to, edit, refuse to post, or delete any user content at our sole discretion.

3.2 How Others May Use Your Information

3.2.1 Public Forums and Discussions

The Service may feature public forums, blogs, and chat rooms where you can share your ideas, comments, and other content. Please note that once you share your thoughts or information publicly, you cannot control how other users may use that information. If you wish to keep certain ideas or information confidential, do not post them on the Service. Hana Games is not responsible for evaluating, utilizing, or compensating you for any ideas or content you choose to share.

3.2.2 Your Responsibility for Posted Content

You are solely responsible for any information you post or share through the Service. Hana Games retains the right to refuse to post, or to remove, any user-provided content at its discretion, including any content that we determine—whether for any stated or unstated reason—to be in violation of these Terms of Service.

3.2.3 License Granted to Hana Games

By submitting content through the Service, you grant Hana Games an irrevocable, perpetual, worldwide, transferable, fully paid, and royalty-free license (including the right to sublicense and assign to third parties) to use, copy, modify, adapt, create derivative works from, publish, distribute, publicly display, perform, and otherwise exploit your content in any medium or format now known or developed in the future. This license covers all uses related to the Service, including marketing and promotional activities. You further authorize Hana Games to allow others to exercise these rights. Additionally, you grant Hana Games the unconditional and irrevocable right to use your name, likeness, and any other personal details included in your content without any obligation to you. Except where prohibited by law, you waive any rights to attribution or moral rights associated with your content, even if it is altered. Please note that while Hana Games is granted these rights, we do not claim any ownership over your content, and these Terms do not limit your ability to use or exploit your own material. Hana Games is not obligated to monitor or enforce any intellectual property rights you may have in your content.

3.3 Interactions Between Users

You are fully responsible for your interactions with other users and any third parties you engage with through the Service or Hana Games titles. While Hana Games reserves the right to intervene, we are under no obligation to mediate disputes between users. In cases where we suspect unlawful, fraudulent, or otherwise improper behavior, you agree to cooperate fully—including providing access to any password-protected portions of your account if necessary for investigation.

If a dispute arises with other users, you agree to release Hana Games, as well as our officers, directors, agents, subsidiaries, joint ventures, and employees, from any and all claims, damages, or liabilities—whether known or unknown, direct or consequential—that result from or relate to such disputes.

4 Fees and Purchase Terms

4.1 Making Purchases

Within our Service, you have the option to buy digital goods using real money. Such purchases grant you a limited, non-transferable, personal, and revocable license to use the following “Virtual Items”:

• Digital Currency: Coins, gems, or similar virtual money used in Hana Games titles;

• In-Game Items and Features: Digital objects, content, or enhancements available within our games; and

• Other Digital Goods or Services: Any additional items or services offered through our Service.

You may only purchase these Virtual Items directly from Hana Games or through our officially authorized partners, and no other means are permitted.

By proceeding with a purchase, you explicitly agree that we may begin fulfilling your order before the statutory cooling-off period (if any) expires. In doing so, you confirm that the purchased items will be delivered immediately and you thereby waive any statutory right to cancel the transaction.

Hana Games reserves the right to manage, modify, or even discontinue Virtual Items at any time, with or without prior notice. To the fullest extent allowed by law, Hana Games will not be held liable for any consequences arising from such actions.

Additionally, transferring Virtual Items to any third party is strictly prohibited unless explicitly allowed by the Service. This means you may not sell, trade, or otherwise exchange these items with any other user, with Hana Games, or with any outside party.

All purchases and redemptions of Virtual Items made through the Service are final and non-refundable, except where a refund is mandated by applicable law. For further details—particularly regarding purchases by minors—please refer to our Parents Guide.

Once Hana Games accepts your purchase, the delivery of Virtual Items for use in our games commences immediately.

4.2 Payment Responsibilities

You agree to pay all fees and applicable taxes incurred through your purchases, whether by you or any user operating an account registered in your name. Hana Games reserves the right to adjust pricing for Virtual Items at any time. Please note that Hana Games is under no obligation to issue refunds or provide compensation for any Virtual Items that remain unused, even if your account is closed, whether by your own choice or otherwise.

5 Service Updates

The Service is continuously evolving. Hana Games may require you to install updates to both the Service itself and to any Hana Games titles installed on your device or computer. You agree that such updates can occur at any time and may be implemented without individual notification. Additionally, you might be required to update third-party software periodically in order to access and enjoy the Service fully.

6 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES—EXPRESSED OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Hana Games DOES NOT GUARANTEE THAT THE SERVICE WILL BE AVAILABLE AT YOUR PREFERRED TIMES OR LOCATIONS, THAT IT WILL BE UNINTERRUPTED OR FREE FROM ERRORS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Furthermore, Hana Games makes no assurance that the Service, our games, or any downloaded content will be completely free of viruses or other harmful components.

Certain jurisdictions do not permit the exclusion of some warranties, and if so, some of the above disclaimers may not apply to you.

7 Limitations on Liability, Exclusive Remedies, and Indemnification

To the maximum extent permitted by law, Hana Games shall not be liable for any indirect, incidental, consequential, special, punitive, or similar damages—including but not limited to lost profits, revenue loss, loss of data, or business interruptions—arising out of or relating to these Terms or your use of the Service, regardless of the legal theory (contract, tort, etc.) involved, and even if Hana Games has been advised of the possibility of such damages. Furthermore, Hana Games’ total liability to you for any claims shall not exceed the total amount you have paid to Hana Games in the six (6) months preceding the claim. If no payments were made during that period, your sole remedy is to stop using the Service and to cancel your account.

Nothing in these Terms will affect any statutory rights you may have as a consumer, nor will it limit Hana Games’ liability for gross negligence, willful misconduct, fraud, or for any death or personal injury caused by our negligence.

You also agree to defend, indemnify, and hold harmless Hana Games—as well as our officers, directors, employees, agents, subsidiaries, and affiliates—from any claims, losses, damages, liabilities, or expenses (including reasonable legal fees) that arise from your use of the Service or from any breach of these Terms by you, except to the extent that such claims are not attributable to your intentional or negligent actions.

8 Dispute Resolution Procedures

By using our Service, you and Hana Games agree that any disputes or claims—whether legal, equitable, statutory, or otherwise—related to these Terms of Service, our Privacy Policy, or the Service will be resolved according to the procedures outlined below. This dispute resolution process applies to any claims that arise, even those predating this agreement, and remains in effect whether or not you continue using your account or the Service.

Note: Sections 8.1 through 8.7 are applicable only to residents of the United States or Canada. If you reside outside these regions, these procedures do not apply.

8.1 Informal Dispute Settlement

If you encounter an issue that our customer support team cannot resolve, you agree to attempt to settle the dispute informally with Hana Games for a minimum period of thirty (30) days before initiating arbitration. This informal process begins once you send us a written "Dispute Notice" at [email protected]. Your Dispute Notice should include your full name, any Hana Games game account name or Hana Games ID you use, your mailing address, your preferred method of contact, a clear description of the problem, and your suggested resolution. If Hana Games has a dispute with you, we will send our Dispute Notice to the email address associated with your Hana Games ID or game account.

Once a Dispute Notice is received, all relevant statutes of limitations are considered tolled from that day. Unless the dispute qualifies as a Mass Arbitration (as defined later), this tolling period will end either on the date when arbitration is initiated or thirty (30) days after the Dispute Notice is submitted—whichever comes first.

If the issue remains unresolved after the informal process, either you or Hana Games may proceed with arbitration as described below. However, if Hana Games is unable to locate an email or billing address linked to your account, we reserve the right to bypass the informal process and move directly to arbitration.

8.2 Agreement to Arbitrate

You and Hana Games agree that any disputes will be exclusively resolved through final and binding individual arbitration, except for claims that fall under the exceptions listed in Section 8.4. This means that any legal action must be pursued on an individual basis, solely between you and Hana Games. Should either party initiate a court claim that is arbitrable under this agreement, the other party may request that the court require the dispute to be settled through arbitration. The arbitrator will be the sole authority to determine whether any part of this dispute resolution clause is valid, enforceable, or applicable to a particular claim.

By agreeing to arbitration, you waive your right to a trial by judge or jury. Arbitration procedures differ from traditional court cases—for instance, the discovery process may be more limited. Once the arbitrator renders a decision, that decision is final. Either party can request that the arbitrator provide a written decision or award, and a court may be asked to confirm the arbitrator’s decision, thereby giving it the force of a court judgment. Outside of very limited circumstances, neither party will be able to modify the arbitration outcome through further court action.

8.3 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. In the event of any conflict between these Terms of Service and AAA’s rules, the provisions set forth here will prevail. For more details on AAA’s rules or to initiate arbitration, please visit AAA’s website. If either party elects to start arbitration, a written Demand for Arbitration must be provided to the other party in accordance with AAA guidelines.

Arbitration fees will be set by AAA’s Consumer Arbitration Rules. If the arbitrator determines that these fees are excessive, Hana Games agrees to cover the costs. Each party is responsible for its own attorney fees and expenses, unless the arbitrator rules otherwise under AAA rules or applicable law. Should either party later challenge the arbitrator’s decision in court, that party will bear its own costs and legal fees.

The arbitration session will be conducted before a single neutral arbitrator and may be held in person in San Francisco, California, in your county or province of residence, or via virtual means.

8.4 Arbitration Exceptions

The following types of disputes are not subject to the informal dispute settlement process or the arbitration provisions described above:

• Claims related to Hana Games’ intellectual property rights, including those aimed at enforcing, protecting, or questioning the validity of our copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property.

• Claims involving piracy or claims of tortious interference.

• Claims that, by law, are not subject to arbitration and are not preempted by federal law.

• Disputes that fall under the jurisdiction of small claims court.

Any dispute that qualifies under these exceptions will be resolved in a court of competent jurisdiction, as further detailed in Section 10 ("Venue for Disputes Not Subject to Arbitration").

8.5 Waiver of Class or Representative Actions

You and Hana Games agree that any claims you bring must be done on an individual basis only. This means:

• You cannot join together with other users to bring a class, collective, or representative action against Hana Games.

• The arbitrator is prohibited from consolidating your claims with those of other users or from presiding over any class or collective arbitration proceeding.

• The outcome of the arbitration will solely apply to your dispute and cannot be used as a precedent for resolving claims brought by other users.

If any part of this “No Class Actions” provision is found to be unenforceable, then the entire Section 8 (including Sections 8.1 through 8.7) will be rendered null and void.

8.6 Mass Arbitration

If 25 or more similar claims that qualify for arbitration—such as disputes against Hana Games—are filed (or are filed with the assistance of the same law firm, group of firms, or organizations, or in a coordinated manner), they will be treated as “Mass Arbitration Cases.” Such cases will be processed according to the American Arbitration Association’s (AAA) supplementary rules for consumer mass arbitration. You acknowledge that, depending on the circumstances, if you join a mass arbitration, your individual claim may ultimately be resolved via a single global mediation or, alternatively, be brought before a court of competent jurisdiction.

Any demands for arbitration submitted as part of a mass arbitration must follow the procedures set out in this section. In addition, all relevant limitation periods (including any statutory limitations) for claims within a Mass Arbitration Case will be paused from the moment a valid Dispute Notice is received until either global mediation is completed or the claim is otherwise settled, withdrawn, or resolved.

Once one party (for example, Hana Games in disputes against us) is notified that nearly all mass arbitration claims have been filed, and before the initiation phase of the mass arbitration is complete, legal counsel for both sides will confer in good faith to determine how many cases should continue as “bellwether” cases. These bellwether cases will serve as representative tests of the merits of each side’s arguments. Only the cases selected as bellwethers will advance beyond the initiation phase, and neither party will be liable for per-case fees for those not chosen. If the parties cannot agree on a number, each side will select five cases from among those claimants who submitted valid Dispute Notices, and only those cases will proceed. Should the parties still fail to agree and the arbitration provider (or its designated process arbitrator) determines that more than ten bellwether cases are warranted, the provider may set an even number of bellwethers—up to a maximum of either 10% of all mass arbitration cases or 500, whichever is lower—with each side choosing an equal share.

Both parties further agree that a limited service neutral will be appointed—either by the arbitration provider or by mutual agreement—to act as the process arbitrator in accordance with AAA Mass Arbitration Rules. Unless otherwise agreed, each bellwether case will be assigned to a separate arbitrator for decision-making.

Only bellwether cases will proceed to full arbitration. For each bellwether case, you and Hana Games agree to follow streamlined procedures aimed at efficiency. This includes implementing a scheduling order that sets deadlines for submitting documents and witness lists, completing discovery, and filing motions. The designated process arbitrator will manage common administrative and procedural matters—such as issues regarding discovery, choice of law, and statute of limitations—and will resolve any disputes regarding coordination across cases to prevent duplication or excessive burden. Dispositive motions may be brought during this phase. The bellwether cases will be resolved based solely on the record (using documents, affidavits, or recorded depositions) rather than via live hearings. Any final awards will be provided in writing, along with concise reasons for the decision, unless both parties agree otherwise.

After the bellwether cases conclude—or sooner if agreed by counsel—both parties will participate in a single, global mediation addressing all remaining mass arbitration claims, with Hana Games covering the mediation fees. Legal counsel for both sides must agree on a mediator within thirty (30) days following the final bellwether decision; if no agreement is reached, the arbitration provider or process arbitrator will appoint a mediator administratively. Both parties agree to cooperate in scheduling the mediation as soon as practicable.

If the global mediation fails to fully resolve all outstanding mass arbitration claims, then the mandatory arbitration requirement will no longer apply to those unresolved claims. Instead, they may proceed individually in court under the Applicable Law (Section 9) and Venue (Section 10) provisions of these Terms. In doing so, you consent to exclusive jurisdiction in the designated courts. This provision does not prevent either party from transferring a case from state to federal court if permitted by law. Moreover, if your claim is joined with other mass arbitration claims, you agree to waive any objection that such joinder is impractical. In any subsequent court proceedings, any class action claims may only include those mass arbitration claimants who have submitted compliant Dispute Notices or filed mass arbitration cases, to the fullest extent permitted by law.

If, after all appeals, this section is ultimately found unenforceable or invalid with respect to your dispute with Hana Games, then the entire Section 8 will be void, and any dispute will be resolved in court as provided in Sections 9 and 10.

8.7 Opting Out of Arbitration and Class Action Waivers

You may choose to opt out of the arbitration and class action waiver provisions set forth in Sections 8.1 through 8.6 by sending a written notice of your decision to opt out to [email protected] with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” This notice must be sent within thirty (30) days either from your first use of the Service or from the date this opt-out option becomes available, whichever is later. If you do not provide such notice within that timeframe, you will be deemed to have accepted and will be bound by these arbitration provisions. In opting out, Hana Games will likewise not be bound by these provisions with respect to your claims.

8.8 Alternative and Online Dispute Settlement

If you are a consumer based in the European Union (EU) or European Economic Area (EEA), you may choose to use the European Commission’s Online Dispute Resolution (ODR) platform as an alternative means to resolve disputes out of court. You may also seek resolution through any other alternative dispute resolution mechanism, such as referring your complaint to a consumer disputes board or a similar out-of-court institution in your jurisdiction.

9 Applicable Law

For residents of the United States or Canada:

1. The United States Federal Arbitration Act—including its procedural provisions—will govern the interpretation and enforcement of the arbitration and class action waiver provisions of Section 8.

2. Any dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service will be governed exclusively by the laws of the State of California, USA, without regard to conflicts of law.

For residents outside of the United States and Canada:
Any claim or dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service will be governed by and construed in accordance with the laws of France, without giving effect to any conflict of law provisions.