HyperPlay Developer Distribution Agreement

1. Certain Definitions Used in this Agreement
   1. Authorized Provider: A third-party non-HyperPlay Labs Inc. entity authorized by HyperPlay Labs Inc. to provide services that enable Developers to receive payments for Products that are sold to users of Devices via HyperPlay.
   2. Brand Features: The trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as owned (or licensed) by such party from time to time.
   3. Developer or You: Any person or company who provides Products for distribution through HyperPlay in accordance with the terms of this Agreement.
   4. Developer Account: A publishing account issued to a Developer in connection with the distribution of Developer Products via HyperPlay.
   5. Device: Any device that can access HyperPlay.
   6. HyperPlay Labs Inc.: HyperPlay Labs Inc., a Texas corporation with principal place of business at 600 W 6th Street - Fourth Floor #1079, Fort Worth, TX 76102.
   7. HyperPlay: The software and services, including the HyperPlay Developer Portal, which allow Developers to distribute Products to users of Devices.
   8. HyperPlay Store: The software distribution platform where HyperPlay hosts and distributes games.
   9. Third-Party Stores: Software distribution platforms operated by third parties.
   10. Intellectual Property Rights: All patent rights, copyrights, trademark rights, rights in trade secrets, database rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world.
   11. Payments Profile: A financial service account or profile provided by a Payment Processor to a Developer that enables a Payment Processor to collect and remit payments to the Developer on the Developer's behalf for Products sold via HyperPlay.
   12. Payment Processor(s): A HyperPlay Labs Inc.-affiliated entity providing services that enable Developers to receive payments for Products sold via HyperPlay.
   13. HyperPlay Developer Portal: The “HyperPlay Developer Portal” and other online tools or services provided by HyperPlay Labs Inc. to developers at https://developers.hyperplay.xyz, as may be updated from time to time. [The HyperPlay Developer Portal is also available through an app to developers.]
   14. Products: Software, content, digital materials, and other items and services as made available by Developers via the HyperPlay Developer Portal.
   15. Taxes: All government-imposed charges, including taxes, duties, imposts, and withholdings. The term Taxes excludes communication taxes and similar fees and surcharges; property taxes; and taxes based on each Party's net income, franchise taxes, business and occupation taxes, and other similar tax types. Each Party is responsible for its own net income taxes. For the avoidance of doubt, the term Taxes includes Transaction Taxes.
   16. Transaction Taxes: Any Taxes that are imposed on the purchase price or cost of goods or services, including value-added taxes (VAT), goods and services taxes (GST), sales taxes, government levies, and transfer taxes.
2. Binding Agreement
   1. This agreement ("Agreement") forms a legally binding contract between You and HyperPlay Labs Inc. in relation to Your use of HyperPlay to distribute Products. You are contracting with the applicable HyperPlay Labs Inc. entity based on where You have selected to distribute Your Product as set forth in this agreement. You acknowledge that HyperPlay Labs Inc. will, solely at Your direction, and acting pursuant to the relationship identified in Section 3.1, display and make Your Products available for view and download by users. In order to use HyperPlay to distribute Products, You accept this Agreement and will provide and maintain complete and accurate information in the HyperPlay Developer Portal.
   2. HyperPlay Labs Inc. will not permit the distribution of Your Products through HyperPlay, and You may not accept the Agreement, unless You are verified as a game developer in good standing.
   3. If You are agreeing to be bound by this Agreement on behalf of Your employer or other entity, You represent and warrant that You have full legal authority to bind Your employer or such entity to this Agreement. If You do not have the requisite authority, You may not accept the Agreement or use HyperPlay on behalf of Your employer or other entity.
3. Relationship, Pricing, Payments and Taxes
   1. You hereby irrevocably (subject only to termination of this Agreement) appoint HyperPlay Labs Inc. as distribution platform as outlined in https://www.hyperplay.xyz/terms-of-service to make Your Products available in HyperPlay.
   2. This Agreement covers Products that users can access for free.
   3. You are the merchant of record for Products You sell or make available via HyperPlay to all other users.
   4. Games distributed through HyperPlay are available for free download. At a future date, HyperPlay may enable the purchase of games through opt-in mechanisms that developers may choose to enable.
   5. Users are allowed unlimited reinstalls of each Product distributed via HyperPlay without any additional fee, provided however, that if You remove any Product from HyperPlay due to a Product Takedown (as defined in Section 8), that Product will no longer be displayed in the HyperPlay application, and users will no longer have a right or ability to reinstall the affected Product.
4. Use of HyperPlay by You
   1. You and Your Product(s) must adhere to the Game Rules set forth at Appendix A.
   2. You are responsible for uploading Your Products to HyperPlay, providing required Product information and support to users, and accurately disclosing the permissions necessary for the Product to function on user Devices.
   3. You are responsible for maintaining the confidentiality of any developer credentials that HyperPlay Labs Inc. may issue to You or that You may choose Yourself, and You are solely responsible for all Products that are developed under Your developer credentials.
   4. Except for the license rights granted by You in this Agreement, HyperPlay Labs Inc. agrees that it obtains no right, title, or interest from You (or Your licensors) under this Agreement in or to any of Your Products, including any Intellectual Property Rights in those Products.
   5. You agree to use HyperPlay only for purposes that are permitted by this Agreement and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
   6. Users are instructed to contact You concerning any defects or performance issues in Your Products. As between You and HyperPlay Labs Inc., You will be solely responsible, and HyperPlay Labs Inc. will have no responsibility, for undertaking or handling the support and maintenance of Your Products and any complaints about Your Products. You agree to supply and maintain valid and accurate contact information that will be displayed in each of Your Products' detail page and made available to users for customer support and legal purposes. For Your in-app transactions, You agree to respond to customer support inquiries within [3] business days, and within 1 business day to any support or Product concerns stated to be urgent by HyperPlay Labs Inc.
   7. You agree that if You make Your Products available through HyperPlay, You will protect the privacy and legal rights of users. If the users provide You with, or Your Product accesses or uses, usernames, passwords, or other login information or personal information, You agree to make the users aware that the information will be available to Your Product, and You agree to provide legally adequate privacy notice and protection for those users. Further, Your Product may only use that information for the limited purposes for which the user has given You permission to do so. If Your Product stores personal or sensitive information provided by users, You agree to do so securely and only for as long as it is needed. However, if the user has opted into a separate agreement with You that allows You or Your Product to store or use personal or sensitive information directly related to Your Product (not including other products or applications), then the terms of that separate agreement will govern Your use of such information.
   8. You will not engage in any activity with HyperPlay, including making Your Products available via HyperPlay, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to, HyperPlay Labs Inc. or any Authorized Provider. You may not use user information obtained via HyperPlay to sell or distribute Products outside of HyperPlay.
   9. You are solely responsible for, and HyperPlay Labs Inc. has no responsibility to You for, Your Products, including use of any HyperPlay APIs and for the consequences of Your actions, including any loss or damage which HyperPlay Labs Inc. may suffer.
5. Authorizations
   1. You authorize HyperPlay Labs Inc. on a non-exclusive, worldwide, and royalty-free basis to: reproduce, perform, display, analyze, and use Your Products in connection with (a) the operation and marketing of HyperPlay; (b) the marketing of devices and services that support the use of the Products and the marketing of the Products on HyperPlay and Devices; (c) the provision of hosting services to You and on Your behalf to allow for the storage of and user access to the Products and to enable third-party hosting of such Products; (d) making improvements to HyperPlay and HyperPlay Developer Portal; and (e) checking for compliance with this Agreement. The authorization in clause (e) is sublicensable to application security partners with prior notice to Developer. You also authorize such application security partners to use the results of their review in their products and research that may be publicly available, provided that the Developer's trademark is not disclosed.
   2. You authorize HyperPlay Labs Inc. to perform the acts described in this section subject to Your control and direction in the manner indicated in the HyperPlay Developer Portal.
   3. You grant to the user a nonexclusive, worldwide, and perpetual license to perform, display, and use the Product. If You choose, You may include a separate end user license agreement (“EULA”) in Your Product that will govern the user's rights to the Product, but, to the extent that EULA conflicts with this Agreement, this Agreement will supersede the EULA. You acknowledge that the EULA for each of the Products is solely between You and the user. HyperPlay Labs Inc. will not be responsible for, and will not have any liability whatsoever under, any EULA.
6. Brand Features and Publicity
   1. Each party will own all right, title, and interest, including, without limitation, all Intellectual Property Rights, relating to its Brand Features. Except to the limited extent expressly provided in this Agreement, neither party grants, nor will the other party acquire, any right, title, or interest (including, without limitation, any implied license) in or to any Brand Features of the other party.
   2. Subject to the terms and conditions of this Agreement, Developer grants to HyperPlay Labs Inc. and its affiliates a limited, nonexclusive, royalty-free license during the term of this Agreement to display Developer Brand Features, submitted by Developer to HyperPlay Labs Inc., for use solely within HyperPlay, online or on Devices and in each case solely in connection with the distribution and sale of Developer's Product via HyperPlay or to otherwise fulfill its obligations under this Agreement.
   3. In addition to the license granted in Section 6.2 above, for purposes of marketing the presence and distribution of Your Product via HyperPlay and its availability for use on Devices and through other HyperPlay Labs Inc. services, HyperPlay Labs Inc. and its affiliates may include visual elements from Your Product (including characters and videos of game play) and Developer Brand Features (a) within HyperPlay, on Devices, and in any HyperPlay Labs Inc.-owned online or mobile properties; (b) in online, mobile, television/video and all physical advertising formats outside HyperPlay; (c) when making announcements of the availability of the Product; (d) in presentations; and (e) in customer lists which appear either online or on mobile devices (which includes, without limitation, customer lists posted on HyperPlay Labs Inc. websites).
   4. HyperPlay Labs Inc. grants to the Developer and its affiliates a limited, nonexclusive, worldwide, royalty-free license to use the HyperPlay Brand Features for the term of this Agreement solely for marketing purposes.
   5. If Developer discontinues the distribution of specific Products via HyperPlay, HyperPlay Labs Inc. will cease use of the discontinued Products' Brand Features pursuant to this Section 6, except as necessary to allow HyperPlay Labs Inc. to effectuate reinstalls by users.
   6. In order to be listed within HyperPlay, You agree to display a HyperPlay badge (https://www.hyperplay.xyz/badges) on your game's site, displayed wherever the game is typically downloaded or launched. You acknowledge that if You remove this badge from Your site, or fail to ever add it, Your game may be delisted from the HyperPlay platform or may receive reduced visibility.
7. Promotional Activities
   1. In addition to the rights granted in Section 6, You grant HyperPlay Labs Inc. the right to use Your Brand Features (in the form and manner provided by You) for purposes of marketing Promotions in connection with HyperPlay and on HyperPlay Labs Inc. partner third-party channels.
8. Product Takedowns
   1. You may remove Your Products from future distribution via the HyperPlay Store at any time, but You agree to comply with this Agreement for any Products distributed via HyperPlay prior to removal. Removing Your Products from future distribution via the HyperPlay Store does not (a) affect the rights of users who have previously purchased or downloaded Your Products; (b) remove Your Products from Devices or from any part of HyperPlay where previously purchased or downloaded applications are stored on behalf of users; or (c) change Your obligation to deliver or support Products or services that have been previously purchased or downloaded by users.
   2. Notwithstanding Section 8.1, in no event will HyperPlay Labs Inc. maintain on any portion of HyperPlay (including, without limitation, the part of HyperPlay where previously purchased or downloaded applications are stored on behalf of users) any Product that You have removed from HyperPlay and provided written notice to HyperPlay Labs Inc.
   3. HyperPlay Labs Inc. does not undertake an obligation to monitor the Products or their content. If HyperPlay Labs Inc. becomes aware and determines in its sole discretion that a Product or any portion thereof (a) violates any applicable law; (b) violates this Agreement, applicable policies, or other terms of service, as may be updated by HyperPlay Labs Inc. from time to time; (c) violates terms of distribution agreements with device manufacturers and Authorized Providers; or (d) creates potential liability for, or may have an adverse impact on, HyperPlay Labs Inc. or Authorized Providers (for example, if a Product has an adverse economic, reputational or security-related impact); then HyperPlay Labs Inc. may reject, remove, suspend, limit the visibility of a Product from the HyperPlay Store, or reclassify the Product from HyperPlay or from Devices. HyperPlay Labs Inc. reserves the right to suspend and/or bar any Product and/or Developer from the HyperPlay Store or from Devices as described in this Section. If Your Product contains elements that could cause serious harm to user devices or data, HyperPlay Labs Inc. reserves the right to disable the Product or remove it from Devices on which it has been installed.
   4. If HyperPlay Labs Inc. enters into distribution agreements with device manufacturers and Authorized Providers to place the HyperPlay software client application(s) on Devices, be advised that these distribution agreements may require the involuntary removal of Products in violation of the Device manufacturer's or Authorized Provider's terms of service.
9. Privacy and Information
   1. Any data collected or used pursuant to this Agreement is in accordance with HyperPlay Labs Inc.'s privacy policy.
10. Terminating this Agreement
    1. This Agreement will continue to apply until terminated, subject to the terms that survive pursuant to Section 16.9, by either You or HyperPlay Labs Inc. as set forth below.
    2. If You want to terminate this Agreement, You will unpublish all of Your Products and cease Your use of the HyperPlay Developer Portal and any relevant developer credentials.
    3. HyperPlay Labs Inc. may terminate this Agreement with You immediately upon written notice or with thirty (30) days prior written notice if required under applicable law if (a) You have breached any provision of this Agreement, any non-disclosure agreement, or other agreement relating to HyperPlay platform; (b) HyperPlay Labs Inc. is required to do so by law; (c) You cease being an authorized developer or a developer in good standing; (d) HyperPlay Labs Inc. decides to no longer provide HyperPlay; or (e) You or Your Product pose a potential risk for economic, reputational, or security-related harm to HyperPlay Labs Inc., users, or other third-party partners. Where allowed under applicable law, HyperPlay Labs Inc. may also terminate this Agreement with You for any reason with thirty (30) days prior written notice. If HyperPlay Labs Inc. terminates this Agreement, You will no longer have access to the HyperPlay Developer Portal.
    4. After termination of this Agreement, HyperPlay Labs Inc. will not distribute Your Product, but may retain and use copies of the Product to the extent necessary for compliance with applicable laws for support of HyperPlay.
11. Representations and Warranties
    1. You represent and warrant that You have all Intellectual Property Rights in and to Your Product(s), including the right to monetize Your Product(s) on Your own behalf and not solely acting as an agent or appointee on behalf of any other person.
    2. If You use third-party materials, You represent and warrant that You have the right to distribute the third-party material in the Product. You agree that You will not submit material to HyperPlay that is subject to third-party Intellectual Property Rights unless You are the owner of such rights or have permission from their rightful owner to submit the material.
    3. You represent and warrant that, as the principal to the transaction with the user, You are solely responsible for compliance worldwide with all applicable laws and other obligations.
    4. You represent and warrant that all information that You provide to HyperPlay Labs Inc. or users in connection with this Agreement or Your Products will be current, true, accurate, supportable and complete.
    5. You represent and warrant that all software uploaded to the HyperPlay Store or to Third-Party Stores is free of malware, viruses, trojans, keyloggers, or otherwise malicious software, and that you take full legal responsibility for the software you upload to the platform, except for legal responsibilities arising from defects within the platform or system after the software has been uploaded.
12. Disclaimer of Warranties
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE HyperPlay Developer Portal AND HYPERPLAY IS AT YOUR SOLE RISK AND THAT THE HyperPlay Developer Portal AND HYPERPLAY ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
    2. YOUR USE OF THE HyperPlay Developer Portal AND HYPERPLAY AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HyperPlay Developer Portal AND HYPERPLAY IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE, except for such damage or loss directly resulting from defects in the HyperPlay system/platform.
    3. HyperPlay Labs Inc. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTIES UNDERSTAND AND EXPRESSLY AGREE THAT EACH PARTY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO OTHER PARTY UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY OTHER PARTY, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT EACH PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Indemnification
    1. To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless HyperPlay Labs Inc., its affiliates, and their respective directors, officers, employees and agents, and Authorized Providers from and against any and all third-party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or accruing from (a) Your use of the HyperPlay Developer Portal and HyperPlay in violation of this Agreement; (b) infringement or violation by Your Product(s) of any Intellectual Property Right or any other right of any person; or (c) You or Your Product(s)' violation of any law.
    2. To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless HyperPlay Labs Inc. and its affiliates, directors, officers, employees, and agents from and against any and all third-party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or accruing from Your distribution of Products via HyperPlay.
    3. To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless HyperPlay Labs Inc., and its affiliates and their respective directors, officers, employees and agents, from and against any claims, actions, suits or proceedings as well as all losses, Taxes, liabilities, interest, penalties, or fines (including reasonable attorneys' fees) arising out of or accruing from any misdeclaration, misconfiguration, or miscategorization by You that impacts Taxes.
    4. Excluding cases where malicious software was uploaded by the developer to the HyperPlay platform, to the maximum extent permitted by law, HyperPlay Labs Inc. agrees to defend, indemnify, and hold harmless the Developer and its affiliates, directors, officers, employees, and agents from and against any and all third-party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) concerning the platform or system operated by HyperPlay.
15. Changes to the Agreement
    1. HyperPlay Labs Inc. may make changes to this Agreement at any time with notice to Developer (including but not limited to by changing the Agreement located at https://hyperplay.xyz/developer-agreement). You should look at the Agreement location regularly and check for notice of any changes regularly.
    2. Changes will not be retroactive. They will become effective, and will be deemed accepted by Developer, (a) immediately for those who become Developers after the notification is posted; or (b) for pre-existing Developers, on the date specified in the notice, which will be no sooner than 30 days after the changes are posted (except changes required by law which will be effective immediately).
    3. If You do not agree with the modifications to the Agreement, You may terminate Your use of HyperPlay, which will be Your sole and exclusive remedy. You agree that Your continued use of HyperPlay constitutes Your agreement to the modified terms of this Agreement.
16. Other Terms
    1. This Agreement, including any addenda You may have agreed to separately, constitutes the entire legal agreement between You and HyperPlay Labs Inc. and governs Your use of HyperPlay and completely replaces any prior agreements between You and HyperPlay Labs Inc. in relation to HyperPlay. The English language version of this Agreement will control and translations, if any, are non-binding and for reference only.
    2. You agree that if HyperPlay Labs Inc. does not exercise or enforce any legal right or remedy contained in this Agreement (or which HyperPlay Labs Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of HyperPlay Labs Inc.'s rights and that those rights or remedies will still be available to HyperPlay Labs Inc.
    3. If any court of law having the jurisdiction to decide on this matter rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
    4. You acknowledge and agree that each member of the group of companies comprising HyperPlay Labs Inc. will be a third-party beneficiary to this Agreement and that such other companies will be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be a third-party beneficiary to this Agreement.
    5. PRODUCTS ON HYPERPLAY MAY BE SUBJECT TO UNITED STATES' AND OTHER JURISDICTIONS' EXPORT CONTROL AND SANCTIONS LAWS AND REGULATIONS. YOU AGREE TO COMPLY WITH, AND NOT CAUSE HyperPlay Labs Inc. TO VIOLATE, ALL EXPORT CONTROL AND SANCTIONS LAWS AND REGULATIONS THAT APPLY TO YOUR DISTRIBUTION OR USE OF PRODUCTS, INCLUDING BUT NOT LIMITED TO (A) THE EXPORT ADMINISTRATION REGULATIONS MAINTAINED BY THE U.S. DEPARTMENT OF COMMERCE, (B) TRADE AND ECONOMIC SANCTIONS MAINTAINED BY THE U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL, AND (C) THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS MAINTAINED BY THE U.S. DEPARTMENT OF STATE. THESE LAWS AND REGULATIONS INCLUDE RESTRICTIONS ON DESTINATIONS, USERS, AND END USE.
    6. Except in the case of a change of control (for example, through a stock purchase or sale, merger, or other form of corporate transaction), the rights granted in this Agreement may not be assigned or transferred by either You or HyperPlay Labs Inc. without the prior approval of the other party. Any other attempt to assign is void.
    7. If You experience a change of control, HyperPlay Labs Inc. may, at its discretion, elect to immediately terminate this Agreement.
    8. All claims arising out of or relating to this Agreement or Your relationship with HyperPlay Labs Inc. under this Agreement will be governed by the laws of the State of Texas, USA, excluding Texas's conflict of laws provisions. You and HyperPlay Labs Inc. further agree to submit to the exclusive jurisdiction of the federal or state courts located within the State of Texas to resolve any legal matter arising from or relating to this Agreement or Your relationship with HyperPlay Labs Inc. under this Agreement, except that You agree that HyperPlay Labs Inc. will be allowed to apply for injunctive relief in any jurisdiction. To the extent required under applicable law, You may have other ways to resolve disputes with HyperPlay Labs Inc. If You are accepting the Agreement on behalf of a United States government entity or a United States city, county, or state government entity, then the following applies instead of the foregoing: the parties agree to remain silent regarding governing law and venue.
    9. Sections 1 (Definitions), 6.5, 10.4, 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), and 16 (General Legal Terms) will survive any expiration or termination of this Agreement.

Appendix A: Game Rules

All games and other content within HyperPlay must comply with Game Rules, our Privacy Policy and our Terms of Service, all in HyperPlay's judgment and discretion.

Your game must not include or facilitate, and must deter, the following:

• Hate speech, i.e. speech that promotes hatred, violence or discrimination against groups of people based on ethnicity, religion, gender, age, disability or sexual orientation
• Content that is patently offensive or intended to shock or disgust viewers
• Nude or sexually explicit images of real people
• Adult content that isn't appropriately labeled and age-gated
• Libelous or defamatory statements
• Content you don't own or have adequate rights to
• Content that violates the laws of any jurisdiction in which it will be available
• Content that exploits children in any way
• Applications that modify customer's computers in unexpected or harmful ways, such as malware or viruses
• Applications that fraudulently attempt to gather sensitive information, such as HyperPlay credentials or financial data (e.g. credit card information)
• Video content not directly related to a product that has been accepted for publishing on HyperPlay
• Non-game content (such as non-interactive 360 VR Videos) that has not been specifically approved for publishing by HyperPlay
• Applications built on blockchain technology that issue or allow exchange of cryptocurrencies or NFTs, unless you have obtained competent legal advice that your operations are in full compliance with any applicable laws
• Content that violates our Online Conduct Policy

ONLINE CONDUCT POLICY

As a HyperPlay user, you agree to abide by the following conduct rules.

As a HyperPlay user you should be a good online citizen and not do anything that prevents any other HyperPlay user from using and enjoying HyperPlay.

You will NOT do, or attempt to do, any of the following on HyperPlay:

1. Upload or post illegal or inappropriate content
   • Real or disturbing depictions of violence
   • Content that exploits children in any way
   • Sexually explicit content
2. Violate others' personal rights
   • Doxing; stealing; scamming; impersonating; stalking; accessing other users' HyperPlay accounts; and posting libelous or defamatory statements
3. Harass other users or HyperPlay personnel
   • Trolling; baiting; threatening; spamming; intimidating; and using abusive language or insults
4. Disrupt, damage, or manipulate HyperPlay
   • Instituting an attack on a HyperPlay server; artificially manipulating HyperPlay reviews or other content; and automatically generating HyperPlay accounts
5. Disrupt or damage other users' computers
   • Uploading or linking to malicious software such as a virus or Trojan horse; and instituting an attack on another user's computer
6. Cheat
   • Running cheat programs; smurfing; sybil attacking; botting; and artificially boosting your match-making rank
7. Engage in unlawful activity
   • Exploiting minors; stealing; encouraging real-world violence; engaging in fraud; and creating a false identity for the purpose of misleading others
8. Violate others' intellectual property rights
   • Uploading materials that you do not own the rights to; using another's trademark or copyrighted material; and infringing someone else's patent, trade secret, or other proprietary right
9. Improperly gather or distribute information
   • Harvesting or otherwise collecting information about others, including e-mail addresses; and distributing surveys, multi-level marketing materials, chain letters, or junk email
10. Engage in commercial activity
    • Posting advertisements; running contests; gambling; buying or selling HyperPlay accounts; selling content, gift cards, or other items; and begging