Terms of Use

These Terms of Use are an agreement between you and Happen Labs LLC (“Happen Labs,” “we,” “us”), a Delaware limited liability company. They govern your use of our games — including Video Poker Deluxe and Moodoku — and our websites, including happenlabs.com. We refer to all of these as the “Services.”

By downloading, installing, or using any of our Services, you agree to these terms. If you do not agree, do not use them.

1.Who can use our Services

You must be at least 13 years old to use our Services. If you are between 13 and the age of majority where you live, you may only use them with the involvement and consent of a parent or legal guardian, who agrees to these terms on your behalf and is responsible for your use of the Services and for any purchases you make.

Video Poker Deluxe is intended for adults aged 18 and over. It is a social casino game played with virtual coins. No real money can be won, and practice or success at social casino gaming does not imply future success at real-money gambling.

You may not use our Services if you are barred from doing so under the laws of your country or of the United States.

2.Your license to use our Services

We grant you a personal, limited, revocable, non-exclusive, non-transferable license to install and use our games on devices you own or control, and to use our websites, for your own non-commercial entertainment. That is the whole of what we grant; we keep every other right.

Our games do not currently require an account. If we add accounts later, we will update these terms and tell you before doing so.

3.What belongs to us

Our Services and everything in them — code, artwork, audio, characters, level designs, text, and the Happen Labs, Video Poker Deluxe, and Moodoku names and logos — are owned by us or licensed to us, and are protected by copyright, trademark, and other laws. Nothing in these terms transfers ownership of any of it to you.

If you send us feedback, suggestions, or ideas about our Services, we may use them for any purpose without owing you anything. Please do not send us confidential material.

4.Rules of use

When using our Services, you agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of our games, except where the law expressly permits it.
• Modify our games, use cheats, bots, automation, memory editors, or modified clients, or otherwise interfere with normal gameplay.
• Buy, sell, or trade virtual items or game access outside our Services, or attempt to obtain virtual items other than through the methods we provide.
• Circumvent, disable, or interfere with security features, advertising, or purchase mechanisms.
• Generate fraudulent advertising impressions, clicks, or installs.
• Use our Services to break the law, to infringe anyone's rights, or to harass, threaten, or harm anyone.
• Scrape, data-mine, or systematically extract content from our Services without our written permission.
• Remove or obscure any copyright, trademark, or other proprietary notice.

If you break these rules, we may suspend or end your access to our Services, and any virtual items associated with your use may be forfeited without refund.

5.Advertising

Our games are free to download and are funded by advertising and optional purchases. By using them you agree that we may display advertisements, including advertisements you choose to watch in exchange for a reward.

Advertisements are supplied by third-party networks. We do not control and are not responsible for their content or for the products and services they promote. Any dealings you have with an advertiser are between you and that advertiser. Some games offer an option to remove advertisements — where they do, the scope of what is removed is described at the point of purchase.

How advertising affects your information, and how to turn off personalized advertising, is explained in our Privacy Policy.

6.Virtual items and purchases

What you are buying

Our games include virtual items — coins, boosters, passes, cosmetic items, and similar in-game content. When you buy or earn a virtual item, you receive a limited, personal, revocable, non-transferable license to use it inside that game. You do not own it.

Virtual items have no real-world value

Virtual items are not currency, credit, property, or a balance held on your behalf. They cannot be redeemed for money, transferred to another person or another game, or exchanged for anything of real-world value. They have no cash value at any time, including if your access ends or a game is discontinued.

Purchases and refunds

All purchases are processed by Apple or Google under their own terms. We do not receive or hold your payment details. Purchases are final and non-refundable except where the law requires otherwise or where the relevant store chooses to grant a refund — refund requests must go to Apple or Google, not to us. If a store refunds a purchase, we may remove the corresponding virtual items.

Prices and the quantity of virtual items offered may differ by country, and may change at any time. Amounts shown in-game are what you will receive at the moment of purchase.

Season passes

Some games offer a season pass, such as the Gold Moo Pass in Moodoku. A season pass is a one-time purchase and is not a subscription. It does not renew automatically and you will not be charged again unless you choose to buy a pass for a later season.

A pass grants access to rewards during a defined season. Rewards you have not claimed when the season ends are forfeited and do not carry over. Buying a pass part-way through a season does not extend it. We will make the season's end date visible in-game before you buy.

Changes to virtual items and game economies

Game balance changes over time. We may add, modify, remove, re-price, or discontinue virtual items, adjust how they are earned or what they do, or reset seasonal content. We will not do this arbitrarily or in a way that deprives you of the substantial benefit of something you recently bought, and where a change materially reduces the value of a purchase you have already made, we will provide reasonable notice or a comparable replacement.

If your access ends

If you stop using a game, delete it, or we suspend or terminate your access under section 4, any virtual items are forfeited without refund. If we permanently discontinue a game, we will give reasonable advance notice in-game where we can, but we are not obliged to refund unused virtual items except where the law requires it.

If you are in the EEA or UK

You normally have 14 days to withdraw from a purchase of digital content. By completing a purchase of virtual items, you ask for them to be delivered immediately and acknowledge that you lose your right of withdrawal once delivery begins. Nothing in this section affects your statutory rights where the content is faulty or not as described.

7.Apple and Google

If you obtained one of our games from the App Store or Google Play, these additional terms apply. This agreement is between you and us, not with Apple or Google, and we alone are responsible for our games and their content. Apple and Google have no obligation to provide maintenance or support. If a game fails to conform to any applicable warranty, you may notify the relevant store, which may refund the purchase price if any; beyond that the store has no warranty obligation. Apple and Google are third-party beneficiaries of these terms and may enforce them against you. You confirm that you are not located in a country subject to a US government embargo or designated as supporting terrorism, and that you are not on any US government list of prohibited or restricted parties.

8.Changes, interruptions, and ending a game

We may change, update, suspend, or discontinue any part of our Services at any time. We cannot promise that our Services will always be available or error-free; maintenance, technical problems, and factors outside our control may interrupt them.

We may also update these terms. When we do, we will change the date at the top of this page, and if the change is material we will give notice in our games or on our website before it takes effect. Continuing to use our Services after a change takes effect means you accept the updated terms. If you do not accept them, stop using our Services.

9.Third-party content

Our Services may link to or include content, advertisements, and services operated by other companies. We do not control them, do not endorse them, and are not responsible for them. If you leave our Services, the terms and policies of the destination apply, not ours.

10.Privacy

Our Privacy Policy explains what information we collect and how we use it. It forms part of these terms.

11.Disclaimers

Our Services are provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, secure, error-free, or free of harmful components, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you, and you may have additional rights.

12.Limitation of liability

To the fullest extent the law allows, we and our officers, employees, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost data, or loss of virtual items, arising out of your use of our Services, even if we have been advised that such damages are possible.

Our total liability to you for any claim relating to our Services will not exceed the greater of the amount you paid us in the six months before the claim arose, or one hundred United States dollars.

Nothing in these terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud. If you are a consumer in the EEA or UK, these limits apply only to the extent permitted by the consumer law of your country.

13.Governing law and disputes

Governing law

These terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules. If you are a consumer, this does not deprive you of the protection of the mandatory laws of the country where you live.

Talk to us first

If you have a problem, email contact@happenlabs.com and describe it. Most issues are resolved this way. Please give us 30 days to respond before starting formal proceedings.

Arbitration and class action waiver

If we cannot resolve a dispute informally, and you are not covered by the exceptions below, the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Delaware. You understand that this means you are giving up the right to sue in court and to a jury trial. Arbitration may be conducted by documents, telephone, or online. If the arbitrator finds the costs excessive, we will pay the arbitration fees.

Arbitration will be on an individual basis only. Disputes may not be joined or arbitrated as a class action or in a representative capacity.

You may bring an individual claim in small claims court instead, if it qualifies.

Exceptions

Arbitration does not apply to disputes about intellectual property rights, claims of piracy or unauthorized use, or requests for injunctive relief.

It also does not apply if you live in the European Economic Area or the United Kingdom. If you are a consumer there, you may bring proceedings in the courts of the country where you live, and you may use the European Commission's online dispute resolution platform. You keep every right your national consumer law gives you.

Time limit

Any claim relating to our Services must be brought within one year of when it arose, unless the law of your country requires a longer period.

14.General

These terms, together with our Privacy Policy, are the entire agreement between you and us about our Services. If any part is found unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these terms; we may transfer ours in connection with a merger, acquisition, or sale of assets. Nothing here creates a partnership, employment, or agency relationship. We are not liable for failures caused by events beyond our reasonable control.

15.Contact us

Email: contact@happenlabs.com

Happen Labs LLC
530 10th Ave.
Huntington, WV 25701
United States