Hodie

Terms and Conditions

You must read and agree to these Terms and Conditions before you can use HODIE Games (“Site”). By becoming a subscriber or using the Site you become what is defined herein as a User and hereby agree to be legally obligated by these Terms and Conditions (the "Agreement") between you and HODIE Games (the "Company"). The Company will refer to you in this Agreement as "you", "your" or "User". This Agreement can be amended at any time by the Company and the updated version of the Agreement shall take immediate effect. It is your responsibility to periodically review these Terms and Conditions on the Site. Your continued membership is your acceptance of being bound by any such revised Terms and Conditions.

Definitions

"Member"or "Membership," shall mean the User of a valid username and password for the Site during the term of membership.

"Site" shall mean the HODIE Games for which User is purchasing a username and password in order to access the Site and its materials and obtain the benefits of membership.

Description of Services

This Site is was created and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented nature. The material available within the Site may include graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under the age of 18 years. By accessing Site or purchasing a subscription you confirm to the Company and/or any licensors of content to the Site that, under penalty of perjury, you to be an adult, at least 18 years of age or the age of majority your jurisdiction. I will not permit any person(s) under the age of 18 years to have access to any of the material contained within Site. When you enter the Site, you acknowledge that you will be exposed to graphic images, video, audio and textual descriptions that portray graphic sexual activity involving nudity. You are voluntarily choosing to do so, because you want to view, read, and/or hear the various materials which are available for your own personal enjoyment. My choice is based on my interest in sexual matters, which are healthy, normal, and generally accepted and commonly shared by adults in my community.

Content Rights

The content provided, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags and other materials (collectively, "Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed by the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of any services provided on the Site. The Company retains all intellectual and proprietary rights over the Content and any of the services available on the Site. No right is granted to you herein to use any Marks.<

How You Will Be Charged

Certain Services are subject to subscription fees ("Subscription Fees"). These Subscription Fees are provided to you upon registration and may change from time to time. Unless otherwise indicated, Subscriptions Fees cover an initial period, for which there is a one-time charge, followed by recurring periodic charges for subsequent periods as agreed to by you upon registration. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit the accepted recurring charges on a monthly basis without any additional authorization from you. We will immediately cancel all recurring charges once you have terminated your membership to the Site. In order to cancel your subscription simply access the customer service website or phone number on your credit card statement.

Some services may require you to make one-time payments or prepay certain amounts for specified services.

We may use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. In order to facilitate your future transactions on this Site, it is necessary for us (or our agents, e.g., credit card processors, payment gateways) to store your credit card number. Credit card numbers are stored in secure format. You consent and authorize us to use your credit card number for future transactions on this Site.

In the event a User payment method was declined, the Company may attempt to process the transaction again under the same conditions as the transaction was initiated by the User, within seven (7) days of the User's first attempt to purchase their Membership. The User's next rebill will be attempted on their original rebill date. Company reserves the right to change the price of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User's Membership at the original rebill price which shall take effect as of the next rebill unless the User cancels 48 hours before such rebill, or at the initial transaction price to successfully complete the User's purchase of their Membership. In the event of an unsuccessful recurring payment, an administrative fee of up to $2.00 may be charged in order to keep your subscription active until the full subscription fee can be processed successfully. At any time, should You have any questions about the rebill price or date of your Membership please contact customer service for the Site.

Tax

VValue-Added Tax (VAT), Sales Tax or other excise tax may be included in, or added to, your purchase depending on your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly.

Termination and Refund Policy

You may cancel and terminate your membership with the Site at any time, and termination will be effective immediately upon receipt of notice. Fees are non-refundable once You have accessed the Site. User not subsequently accessing the Website, providing that it no fault of the Company, shall not be grounds for a refund

In the event a refund is issued, ALL refunds will be made by the Company who will credit the payment method you used to make the original purchase. NO refunds will be made by cash or paper check. ALL refunds will be issued within ten (10) days of communication between the User and the Company's customer service department.

Cardholder Chargebacks

All chargebacks are thoroughly investigated and may prevent future purchases on the Site. Fraud claims may result in the Company contacting the User’s payment method issuer to protect the User and prevent future fraudulent charges to the User’s payment method (credit card and debit cards.)

Authorization of Use

Users of the Site are hereby authorized a single access right to access the site or material located at this site. This access right shall be granted for sole use of one User. All memberships are provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Site or any material found within it is strictly prohibited. No material within the Site may be transferred to any other person or entity, whether commercial or non- commercial. In addition, materials may not be modified, or altered. Materials on the Site may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from. The Company and the Site reserve the right to terminate the access rights at any time if the terms of this agreement are breached.

Transfer of Access Rights

Access to the Site initiated by the issuance of a unique username and a password. Users may not release their access rights to any other person and are required to keep their access rights strictly confidential. The Company will not release passwords for any reason, to anyone other than the User, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement. Users acknowledge that the Company may track the User’s movements in the Site using special software.

Disclaimer of Warranties

The services on this Site are provided on an “As-Is” basis and the Company disclaims any implied warranties to the fullest extent of the law. There is no warranty of merchantability, fitness for a particular purpose, title, or non-infringement. To the extent an applicable law prohibits terms of use from disclaiming any implied warranty, said implied warranty will be limited to whatever the minimum warranty period is required by that law. In the event there is no period specified, then thirty (30) days from the first use of the services provided on the Site will apply. There is no guarantee of any results from the services furnished on the Site. In addition, no warranty is made that the use of the Site will not be uninterrupted or error free.

Limit of Liability

You hereby agree that the Company will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages for the use or the inability to use the services provided on the Site. Nevertheless, should any action be brought by you against the Company, the Company shall not be liable to you for any such claim or cause of action whatsoever that would exceed the amount paid by You to the Company during the 120 day period immediately preceding the date on which you might first assert a claim. Notwithstanding the foregoing, you agree that any claim or cause of action arising out of or related to these Terms and Conditions or your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Indemnification

You agree to indemnify and hold the Company and their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to or arising out of your use of the services provided on the Site or any breach or violation of these Terms and Conditions.

Third Parties and Advertisers

The Site may provide links to sponsor, advertiser, or other third-party websites that are not owned or controlled by the Company. Inclusion of, linking to, or permitting the use or installation of any third- party site, applications, software, content, or advertising does not imply approval or endorsement thereof by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Site, you agree to release the Company from all liability arising from your use of any third-party website, content, service, or software accessed through the Site.

Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of

Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Site, are solely between you and such third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such third parties or advertisers, or as the result of their presence in the Site.

Subscription Fees and Communication

Membership fees to the Site are subject to change at any time at the sole and absolute discretion of the Company. The standard rates for the Site are forth on the payment page of the Site. In addition, the monthly membership rate appears on Your credit card bill or any other choice of payment you have elected.

Electronic Communications

By using the Site, you consent to receiving electronic communications, e.g., email, from the Company. These communications will include notices about your account and information concerning or related to the Site or any services provided on the Site. These communications are part of your relationship with the Company and you receive them as part of your membership. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.

OPT-OUT

You expressly and specifically acknowledge and agree that Your email address or other means of communicating with you may be used to send you offers, information or any other commercially oriented emails or other means of communications. More specifically, other offers may be presented to you via email campaigns or other means of communications with a pre-selected preference or choice. If you do not deselect the pre-selected preference of choice (i.e. "OPT-OUT" of the offer) then the Site may transfer Your personal profile information to the third-party service or content provider making the offer. If you deselect the pre-selected preference, then no personal information about the you will be disclosed to any third-party service or content provider.

U.S. Export Controls

Software and Content provided through any of the services on the Site is subject to United States export controls. No software or Content from the Services may be downloaded or otherwise exported or re- exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software or Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Governing Law

These Terms and Conditions shall be governed by the laws of the Republic of Cyprus, without regard to its conflict of laws rules or principles.

Jurisdiction and Venue

You agree to exclusive jurisdiction in the Republic of Cyprus for all arbitration and other proceedings arising out of these Terms and Conditions.

Arbitration Provisions

Binding Arbitration - If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with applicable Arbitration Ordinance. Claims subject to arbitration (“Arbitral Claims”) shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by Us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims (including but not limited to claims involving copyrights, trademarks, patents, unfair competition, and/or trade secrets), along with actions (regardless of the underlying cause of action) seeking injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in the Republic of Cyprus, in a convenient location agreed to by the parties, or absent such agreement, selected by the Arbitrator. The arbitration shall be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality.

The Arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of this Agreement. The arbitrators shall be bound by and apply Cyprus law to any dispute submitted for arbitration hereunder, and this Agreement shall be interpreted in accordance with the laws of the Cyprus. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

No waiver of right to arbitration - There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.

Waiver of Class Action

No action, regardless of form, arising out of or in conjunction with the subject matter of this Agreement, except for claims involving intellectual property, claims to recover outstanding amounts due to Us and claims for indemnification, may be brought by any party more than one (1) year after the cause of action arose.

Force Majeure

Neither you nor the Company shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party's reasonable control.

Miscellaneous Provisions - Severability

TThese Terms and Conditions, together with the Privacy Policy and any other legal notices published by the Company on the Site, shall constitute the entire agreement between You and the Company concerning the Site. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Site's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

No waiver or action made by the Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement. 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 this Agreement.

DMCA Notice

We strive to comply with the Digital Millennium Copyright Act of 1998, as amended ("DMCA"), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Site if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Site in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to our DMCA Copyright Agent at support@hodie-support.com

Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your material has been mistakenly removed or disabled pursuant to this Section 17, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Headings

The headings used herein are for convenience only and shall not be deemed to define, limit, or construe the content of any provision of these Terms and Conditions. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.

No-Assignment

You may not resell, assign, or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may resell, assign or transfer its rights and obligations under these Terms and Conditions at any time without restriction and without notice or consent.

Notice

Notices by the Site to Users may be given by means of electronic messages through the Site, by a general posting on the site, or by conventional mail. Notices by Users may be given by electronic messages to the Company unless otherwise specified in the Agreement.