Hamster Terms of Service
Last updated: Dec 01, 2024
Effective date: Dec 01, 2024
Welcome to Hamster, provided by Dream World Technology Co.,Limited, a company incorporated in Hong Kong ("we," "us," or "our").
1. Your Agreement to these Terms of Service
These Terms of Service (referred to as the "Terms") constitute a binding legal agreement between you ("user," "you," "your") and us (including our successors and assigns). Hamster refers to the applications, websites, products, and other services related to Hamster that we offer (collectively, the "Services"). The Terms establish the terms and conditions governing your access to and use of the Services. We strongly advise you to carefully read and fully understand these Terms and their conditions.
By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by the Terms. If you do not agree to the Terms, please refrain from accessing or using any of the Services.
Your access to and use of the Services are also subject to our Privacy Policy , Community Guidelines as well as any additional guidelines or rules that may be made available to you from time to time. The terms of these documents will be posted through our Services or otherwise notified to you, and they are incorporated herein by reference.
By accessing or using the Services, you represent that you have the full legal capacity and competence to enter into a binding agreement with us.
If you are accessing or using the Services on behalf of an organization such as a company, partnership, association, government entity, or any other organization ("Organization"), you represent and warrant that: (i) you are duly authorized to do so; (ii) you have the authority to bind your Organization to these Terms; and (iii) your Organization is legally and financially responsible for your access to and use of the Services.
These Terms may be provided in multiple languages. In the event of any conflict, where permitted under local law, the English language version of these Terms shall prevail.
You can also access these Terms by the following means:
Me> Settings>About Hamster>Terms of Service
If you have any questions or comments regarding these Terms, please contact us at: dreamworld@hamsterdw.com
We will be happy to answer your questions.
ARBITRATION NOTICE: THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Eligibility and Protection of Minors
Our Services are not intended for children under 16 years of age (or the age required by local law). By accessing and using the Services, you confirm that you are not considered a child in your jurisdiction. If you are not a child but are under the age of 18 or the age of majority in your jurisdiction (referred to as "Minor"), you may only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed and discussed these Terms with you. If you are a parent or guardian permitting a Minor to use the Services, you agree to be bound by these Terms. You are responsible for monitoring and supervising the Minor's use of the Services. If a Minor is using the Services and is either under 16 years of age or does not have your permission, please contact us immediately at: dreamworld@hamsterdw.com so that we can disable their access.
3. Changes to these Terms
In order to enhance your user experience or improve product safety performance, we may make modifications to the Services from time to time. We reserve the right to change these Terms as necessary in compliance with applicable laws and regulations. We will make reasonable efforts to notify you of any material changes to these Terms. It is your responsibility to regularly review these Terms for such changes. We will also update the "Last Updated" date at the top of these Terms, indicating the effective date of such changes.
By continuing to access or use the Services after the revised Terms become effective, you agree to be bound by them. If you do not agree to the revised Terms, you must cease accessing or using the Services.
4. Account
Account Creation
In order to access and use the Services, you may be required to create an account ("Account") with us or login using a third-party account (e.g., your Facebook account). When creating an Account, you must provide us with true, accurate, and up-to-date information. Your Account is strictly for your personal use of the Services, and you are prohibited from sharing or transferring your Account to anyone else or allowing others to access or use your Account. You acknowledge that you are solely responsible (to us or to others) for any activity that occurs under your account, including any content you post and the consequences that may arise from such activity. To the fullest extent permitted by law, any actions taken under your Account will be considered your own.
Account Security
It is crucial that you keep your account password confidential and refrain from disclosing it to any third party. If you become aware or suspect that a third party has knowledge of your password or has accessed your account, you must immediately notify us at dreamworld@hamsterdw.com. We will provide you with assistance regarding the security of your account; however, we do not guarantee successful retrieval of your account. In such cases, we reserve the right to suspend or terminate the account or take appropriate measures that we deem necessary to assist you.
Account Closure
Closure by Us: We retain the right to disable your Account at any time and for any reason, including if you have failed to comply with any provisions of these Terms, or if activities occur on your Account that, in our sole discretion, may cause harm to or impair the Services, infringe upon or violate any third-party rights, or violate any applicable laws or regulations. Additionally, we may freeze or close your inactive Account if you have not used it for 180 consecutive days.
Closure by You: If you wish to close your account, you can do so by submitting a request for account closure through the Me > Settings> Apply for account closure in Hamster. Please note that, for security reasons, your Account cannot be closed unless you follow our instructions (e.g., using up all your red packages, exiting any virtual family or relationships if you are engaged in any).
We kindly remind you that if you choose to close your account, it will result in the loss of access to and use of the Services, and this closure is irreversible. Once your Account is closed, we will delete or de-identify your relevant information. If you signed in to your Account through a third-party account (e.g., your Facebook account), you may need to request account closure through that third party.
5. Your Use of the Services
Please note that not all Services or features may be available in your jurisdiction. Different versions of the Services may offer different features. Certain features may not be available to users below a certain age.
To use the Services, you are responsible for your own device and any associated charges (e.g., internet connection and data charges). If you are unsure about these charges, please consult with your service provider.
We may periodically update or modify the Services, and you may be required to manually update the Services. Please be aware that if you choose to opt out of automatic updates or reject making such updates, the Services may not function properly or may not be fully available to you.
We reserve the right to discontinue or terminate the Services, either in whole or in part, permanently or temporarily, with or without notice to you.
The Services are owned and operated by us, and we retain all rights to the Services that are not expressly granted to you in these Terms.
6. Hamster Content
All audio, video, images, games, text, graphics, software, music, logos, marks, designs, virtual items (referred to as "Hamster Content"), and other content, information, and materials on our Services, as well as the selection and arrangement thereof, and all intellectual property rights associated with them, are either owned by us or licensed to us.
Subject to the terms and conditions of these Terms, we grant you a non-exclusive, non-sublicensable, non-transferable, personal, revocable, and limited license to access and use Hamster Content solely for your personal and non-commercial use. Unless expressly permitted by us, you are prohibited from downloading, copying, reproducing, distributing, transmitting, displaying, broadcasting, licensing, selling, offering for sale, or otherwise exploiting Hamster Content for any other purposes. We reserve all rights to Hamster Content unless expressly licensed to you under these Terms.
You are not permitted to use Hamster Content, third-party contents or services (referred to as "Third Party Services"), or other materials made available as part of the Services for any purpose not expressly permitted by these Terms. Any such use will be considered a breach of these Terms.
7. User Content
The Services may provide audios or other interactive features that allow you to upload, publish, submit, send, or otherwise make available pictures, comments, and other information or content ("User Content") on the Services.
You retain ownership of your User Content. By uploading, publishing, submitting, sending, or otherwise making your User Content available via the Services, you grant us and our affiliates an irrevocable, unconditional, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable, universal, and perpetual license to:
copy, reproduce, publish, transmit, distribute, display, use, adapt, make derivative works of, and otherwise exploit your User Content in any media and by all means, whether now existing or hereafter devised;
use your identity, name, likeness, and other biographical information that you have uploaded, published, submitted, sent, or otherwise made available in connection with such User Content;
use the aforementioned for promotional purposes as deemed appropriate by us; and
Retain your User Content for necessary archiving purposes.
You must ensure at all times that:
you are the owner of your User Content or have obtained necessary rights, permissions, or authorizations for your User Content;
you have all necessary rights, permissions, or authorizations to grant us the rights as set out in these Terms; and
your User Content (and its use in accordance with these Terms) does not infringe on or violate any rights, including intellectual property rights, of any person or contravene any applicable laws.
You acknowledge that User Content will be publicly available and is not confidential. You should not post, publish, or otherwise make available any confidential information via the Services.
We reserve the right, at our sole discretion, to refuse to publish, edit, block, disallow, take down, delete, or remove any User Content for any reason (e.g., if the User Content is deemed inappropriate according to applicable laws or our Community Guidelines or in response to third-party complaints), with or without notice and without liability to you.
You are solely responsible for your User Content, and we recommend that you keep a backup copy of it at all times. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and we will not be liable in any way for any User Content.
We cannot guarantee that your User Content will not be copied, reproduced, distributed, or otherwise used without your authorization. You agree that, to the fullest extent permitted by applicable laws, we shall not be liable to you for any unauthorized use of your User Content, and you hereby waive and agree not to assert any claim against us arising out of or in connection with such unauthorized use. Please note that even if you seek to delete User Content from the Services, it may take some time or may not be possible to achieve technically. For example, we may not be able to prevent any third party from storing or using any of your User Content that you have made public via the Services.
You acknowledge that we have the right to disclose your identity to a third party who claims that any User Content posted or uploaded by you on our Services infringes upon their intellectual property rights, privacy, or other proprietary rights, or if we are required to disclose your identity under applicable laws.
8. Code of Conduct for Using the Services
When accessing and using the Services, you must adhere to these Terms, our Privacy Policy, Community Guidelines, other applicable rules, and all relevant laws and regulations. You agree that you will not:
rent, lease, loan, trade, sell/re-sell, or otherwise monetize the Hamster App, the Services, or related data or access to them without our consent;
upload, transmit, distribute, store, or otherwise make available in any way materials that:
is defamatory, obscene, offensive, pornographic, hateful, or inflammatory;
would constitute, encourage, or provide instructions for a criminal offense, dangerous activities, or self-harm;
is deliberately designed to provoke or antagonize people, including trolling, bullying, or intended to harass, harm, hurt, scare, distress, embarrass, or upset people;
contains threats of any kind, including threats of physical violence;
is racist or discriminatory, including discrimination based on race, religion, age, gender, disability, or sexuality.
post anything that contains software viruses, worms, or any other harmful code;
reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
use any automated system, software, robot, spider, crawler, scraper, or interface, or any other automatic device, software, or process, whether operated by a third party or otherwise, to extract, monitor, copy, or collect any data or information from the Services, or engage in any manual process to do the same;
violate the intellectual property rights of Hamster or others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
otherwise violate laws and regulations, these Terms, our Privacy Policy, Community Guidelines, or any additional terms related to a specific service that are provided when you sign up for or start using that service;
maliciously request refunds to harm Hamster's interests;
modify, alter, reverse engineer, duplicate, disassemble, decompile, transfer, copy, exchange, or translate the Services or any elements therein or thereof without our prior written permission;
use the Services to make profits or for any commercial or unauthorized purposes, such as sending advertising content or messages without our prior written permission;
export or re-export Hamster, the Services, and/or other information or materials provided by us unless permitted by applicable law and with our written authorization.
We may, with or without notice to you:
disable, suspend, or terminate your Account or block or ban your access to the Services;
remove or disable any of your User Content, at any time without any liability to you;
We reserve the right to take these actions if we determine that you have failed to comply with any of the provisions of these Terms, applicable laws and regulations, or if activities occur under your Account that, at our sole discretion, may cause damage to or impair the Services or infringe upon or violate any third-party rights.
9. Intellectual Property Protection
We value intellectual property rights and comply with applicable laws regarding their protection. We retain the intellectual property rights to Hamster Content, the Services, and all related information content (including but not limited to UI interface design, pictures, fonts, audio, etc.), and all rights not expressly granted to you. These intellectual property rights, including but not limited to copyright, trademark, and patent rights, are protected by relevant intellectual property laws, anti-unfair competition laws, and other applicable laws, regulations, and international treaties. For matters not explicitly authorized in these Terms, such as commercial sales, reproduction, or granting third-party access to and use of Hamster Content and the Services, you must obtain separate written permission from us.
While using the Services, you agree not to infringe upon the intellectual property rights of any person. Failure to comply may result in the suspension or termination of your Account with us or your access to our Services. If you discover any content on the Services that infringes upon your intellectual property rights, please notify us of such infringement at dreamworld@hamsterdw.com.
10. Third Party Services
To facilitate your use of the Services, we may incorporate third-party software or services, and the outcomes of such use and access are provided by the third party. This includes but is not limited to services, software, and content provided by third parties that you access through the Services or via other Hamster-related platforms ("Third Party Services").
If you access or use any Third Party Services through the Services, you acknowledge and agree that:
the Third Party Services (including payment services related to their use) are provided by third parties, not us;
you are solely responsible for accessing or using such Third Party Services;
you assume full responsibility for your reliance on and other activities arising from or related to your access or reliance on such Third Party Services.
we have no control over the Third Party Services, and we do not warrant, endorse, or approve any Third Party Services in any manner;
we are not responsible for the security, accuracy, and validity of Third Party Services;
we have no liability to you for any damages or losses resulting from or related to your access or use of Third Party Services.
any disputes arising from or related to your access or use of such Third Party Services shall be solely between you and the applicable third party.
Your access or use of Third Party Services is subject to the agreements between you and the third party directly. Certain third parties may require you to agree to additional terms and conditions for accessing or using their Third Party Services. These agreements and additional terms and conditions are solely between you and the relevant third party. We are not a party to your relationship with such third party, nor do we act as the agent for you or the third party.
You acknowledge that we may, at our sole discretion, disable, suspend, or remove Third Party Services from the Services, either in whole or in part, at any time without any liability to you.
11. Fees, Advertising Content, and Taxes
You understand and agree that while Hamster is currently available for download free of charge, you may be required to pay fees determined by the payment plan or in-app purchase amount you have selected in order to access and use certain features or functions of the Services. All payments made are non-refundable unless required otherwise by relevant laws and regulations.
The price will be displayed to you at the time of purchase, and prices may change periodically. Additionally, the price for the same item at the same time may vary (e.g., certain products may have different prices for individual and group purchases). Although we strive to provide accurate price information, there may be instances where prices are displayed erroneously. In the event of a mispriced product, we reserve the right to cancel your order, unless otherwise required by applicable law.
We may display or make available advertising, promotional, or commercial content or activities ("Advertising Content") on our Services. You understand that Advertising Content is provided by third parties and is intended for informational purposes only. You agree that such Advertising Content may be displayed or made available on the Services alongside your User Content. Your use of the Services may consume your device's resources, bandwidth, and traffic. You are responsible for any fees associated with these resources, such as internet access fees, SMS fees, and payment for the Software's value-added services.
Any payments made by you to us will be facilitated by third-party payment service provider(s). These payment service provider(s), not us, will provide you with the payment services. You may be subject to additional terms and conditions when using such payment services. If any taxes are imposed by a jurisdiction on your payment for using the Services, you are responsible for paying those taxes, including any related penalties or interest. We reserve the right to charge any applicable taxes if required to do so by applicable laws. Additionally, we may request certifications from you regarding taxes and report to tax authorities the amounts paid and/or withheld from payments to you.
12. Virtual Items
We may offer you virtual coins, or other virtual items ("Coins") on a promotional basis that can be used to exchange for in-app virtual items. These Coins and other virtual items have no monetary value and do not constitute currency or property of any kind. They cannot be sold or transferred to third parties, including other users, except for features permitted by us, such as sending gifts to support other users. Furthermore, they cannot be used outside the Services or exchanged for cash, goods, or services. You do not have any property, proprietary, intellectual property, ownership, or monetary interest in the Coins or other virtual items. Purchasing, selling, bartering, or trading of Coins or virtual items is prohibited, and any attempted transfer of these items will be null and void.
Please note that engaging in private trading of Coins or using unofficial channels for stored value may be risky and may result in loss of your property. Violations of these terms may lead to the suspension or termination of your account.
13. Your Privacy
We highly value and respect your privacy. Please refer to our Privacy Policy, which outlines how we collect, use, and process your personal information, as well as your rights and choices regarding your privacy.
14. Indemnification
You agree to indemnify, release, and hold us, our licensors, agents, and all senior management and directors, as well as our employees, harmless from any and all third-party claims, actions, liabilities, losses, damages, judgments, costs, and expenses, including reasonable attorney's fees (collectively referred to as "Claims") arising from:
i. Your use of the Services or products available on the Services in a manner that does not comply with the terms and conditions of these Terms.
ii. Any breach of these Terms by you or any person you allow to use the Services.
iii. Any violation of laws, regulations, or the rights (including Intellectual Property rights) of any third party by you or any person you allow to use the Services.
15. DISCLAIMERS
DISCLAIMER OF WARRANTIES: Hamster AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES, AND LACK OF NEGLIGENCE, WITH RESPECT TO THE SOFTWARE AND SERVICE.
Hamster APP DOES NOT CONTAIN ANY MALICIOUS CODE INTENDED TO DESTROY YOUR DEVICE DATA OR OBTAIN YOUR PRIVACY INFORMATION. WE WILL ALSO MAKE EVERY EFFORT TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE, AND CONTINUOUS OPERATION OF Hamster AND THE SERVICES. HOWEVER, DUE TO TECHNOLOGICAL LIMITATIONS, Hamster AND THE RELATED SERVICE MAY BE AFFECTED BY VARIOUS UNSTABLE FACTORS. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT Hamster IS COMPATIBLE WITH ALL DEVICES, IS ERROR-FREE, CAN OPERATE WITHOUT INTERRUPTION, OR THAT ANY ERRORS IN THE APP OR RELATED SERVICE CAN BE CORRECTED. IN THE EVENT OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT US FOR TECHNICAL SUPPORT. IF THE COMPATIBILITY PROBLEM CANNOT BE RESOLVED, YOU CAN UNINSTALL THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE ARE EXEMPT FROM ANY LOSSES INCURRED AS A RESULT.
16. LIMITATION OF LIABILITIES
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, SENIOR MANAGEMENT, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF THE FOLLOWING REASONS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (1) YOUR USE OR INABILITY TO USE THE SERVICES; (2) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO USE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (5) ANY OTHER MATTER RELATING TO THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE TOTAL AGGREGATE LIABILITY OF THE Hamster PARTIES FOR ALL CLAIMS ARISING OUT OF THESE TERMS EXCEED THE HIGHER OF THE FOLLOWING: (A) THE AGGREGATE FEE PAID OR PAYABLE BY YOU TO US, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SPECIFIC SERVICES THAT GAVE RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (U.S. $100.00). HOWEVER, IN THE CASE OF ANY PRODUCT PURCHASED BY YOU FROM US, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE Hamster PARTIES FOR ALL CLAIMS SHALL NOT EXCEED THE HIGHER OF: (A) THE AGGREGATE FEE PAID OR PAYABLE BY YOU TO US, IF ANY, FOR SUCH PRODUCT; OR (B) ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
17. GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with the laws of Hong Kong, without giving effect to any conflict of law rules or principles.
18. DISPUTE RESOLUTION
Your Dispute with Us:
You agree to first contact us for any claim, dispute, or controversy ("Dispute") arising from or in connection with these Terms, including any question regarding the existence, validity, or termination of these Terms. Both parties agree to attempt to resolve such Dispute in good faith.
For any unresolved Dispute, the parties agree that the Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC in force at that time. The arbitration shall take place in Singapore, and the arbitration proceedings and all pleadings and written evidence shall be in the English language, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
Your Dispute with Third Parties:
To the fullest extent permitted by law, any dispute between you and third parties (e.g., service provider, copyright owner) relating to your use of the Services shall be resolved directly between you and such third party. We will not be held liable to any extent for any claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way related to your dispute with third parties. You hereby irrevocably release us, defend, and hold us harmless against any and all claims and liabilities arising out of or in connection with your disputes with third parties of any nature.
19. MISCELLANEOUS
Headings: The headings of all terms in these Terms are for reference purposes only, have no actual meaning themselves, and shall not be used as a basis for interpreting the meanings of the Terms.
Severability: If any term or provision of the Terms is held to be invalid or unenforceable by any judicial or administrative authority for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions of the Terms. The remaining provisions of the Terms shall remain in full effect and shall be construed in accordance with their terms.
Languages: If the Terms are made in English, we may provide the Terms in other languages in the future for your reference. In case of any discrepancy, the English version shall prevail.
No Waiver: Our failure to enforce any provision of the Terms at any time, or our failure to require performance by you of any provision of the Terms, shall not be construed as a present or future waiver of such provisions, nor shall it affect our right to enforce such provision thereafter. Our express waiver of any provision, condition, or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Entire Agreement: The Terms, together with any other terms or policies incorporated herein by reference, constitute the entire agreement between you and us governing your use of the Services and replace all prior agreements and communications between you and us in relation to your use of the Services.
20. CONTACT US
If you have any questions or want to learn more about the Services, please contact us at dreamworld@hamsterdw.com.