1. Acceptance of Terms
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you", "your" or "User") and the operator of hourofjoy.wiki (the "Operator", "we", "us" or "our") governing your access to and use of the website located at hourofjoy.wiki, including the wiki, the forum, and all content, features and functionality made available thereon (collectively, the "Site").
BY ACCESSING, BROWSING OR OTHERWISE USING THE SITE, OR BY REGISTERING AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND BY THE PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE AND MUST CEASE ALL USE IMMEDIATELY.
The Site is an unofficial, fan operated resource. The Site is not affiliated with, authorized by, sponsored by, licensed by or endorsed by Mob Entertainment, Inc. or any of its affiliates (collectively, "Mob Entertainment").
2. Definitions
For purposes of these Terms, the following capitalized terms shall have the meanings set forth below:
- "Account" means the registered user account created by a User in order to access the interactive features of the Site.
- "Operator Content" means all content on the Site other than User Content and Third-Party Intellectual Property, including without limitation the design, layout, look and feel, source code, object code, compilations, original text and documentation of the Site.
- "Third-Party Intellectual Property" means any trademarks, service marks, trade names, characters, story elements, artwork, screenshots, renders and other works of authorship owned by a party other than the Operator, including without limitation all intellectual property of Mob Entertainment relating to Poppy Playtime.
- "User Content" means any text, links, data or other material that a User posts, submits, transmits or otherwise makes available on or through the Site, including without limitation forum threads, replies and profile biographies.
3. Eligibility
You must be at least thirteen (13) years of age to register an Account or to submit User Content. The Site is intended for a general audience that includes both adults and children, and no person under the age of thirteen (13) is permitted to register an Account. The publicly available portions of the Site may be accessed without registration by any person. The Operator requests a date of birth at registration for the sole purpose of determining eligibility and does not retain it.
If you are at least thirteen (13) years of age but have not attained the age of majority in your jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed and consented to these Terms on your behalf, and such parent or legal guardian shall be bound by these Terms and shall be responsible for your use of the Site.
By registering an Account, you represent and warrant that you satisfy the foregoing eligibility requirements. The Operator reserves the right to terminate, without notice, any Account that the Operator determines, in its sole discretion, to be held by a person who does not satisfy such requirements.
Without limiting the foregoing, where the Operator determines that an Account was registered by a person under the age of thirteen (13), or that a person misrepresented his or her age in order to register an Account, the Operator may ban such Account, delete such Account and the personal information associated with it as described in the Privacy Policy, and remove and permanently ban such person from any community server operated by the Operator on a third-party service, including, without limitation, Discord.
4. Account Registration, Credentials and Security
In order to register an Account, you shall provide a username, a valid electronic mail address, a password, answers to three (3) security questions, and a profile image selected exclusively from the catalogue of images made available by the Operator. You agree that all registration information you provide shall be true, accurate and current, and that you shall maintain a functioning electronic mail address on your Account at all times.
You are solely responsible for maintaining the confidentiality of your Account credentials, including your password, any authenticator secret, and any backup codes issued in connection with two-factor authentication, and you are solely and fully responsible for any and all activity that occurs under your Account, whether or not authorized by you.
The Site makes available optional two-factor authentication. You acknowledge and agree that, in the event you lose access to both your authenticator device and your backup codes, the Operator may be unable to restore access to your Account and shall have no liability to you arising therefrom.
- You shall not impersonate any person or entity, including without limitation any member of the Site's staff or any representative of Mob Entertainment, nor falsely state or otherwise misrepresent your affiliation with any person or entity.
- You shall not register an Account for the purpose of circumventing any suspension, restriction or termination imposed by the Operator.
- You shall notify the Operator promptly of any actual or suspected unauthorized use of your Account.
5. Acceptable Use
Your use of the Site is conditioned upon your compliance with the forum rules, which are incorporated herein by reference. Without limiting the generality of the foregoing, you covenant and agree that you shall not, and shall not permit, assist or encourage any third party to:
- use the Site in violation of any applicable federal, state, local or international law, statute, ordinance or regulation;
- harass, threaten, intimidate, defame, stalk or otherwise violate the legal rights of any person;
- post, transmit or otherwise make available any content that is sexually explicit, or any content that sexualizes, exploits or endangers minors, the latter of which shall result in immediate termination and may be reported to the appropriate authorities;
- disclose the personal or private information of any third party without that party's consent;
- post or transmit unsolicited advertising, promotional materials, spam, malicious code, or any fraudulent or deceptive scheme;
- gain or attempt to gain unauthorized access to the Site, its servers, or any Account, or interfere with, disrupt or impose an unreasonable burden upon the Site or its infrastructure;
- scrape, mirror, frame, reproduce or otherwise copy the Site or any portion thereof for the purpose of creating a competing or substantially similar website; or
- access the Site by means of any robot, script or other automated means for the purpose of registering Accounts or submitting User Content.
6. User Content; License Grant
As between you and the Operator, you retain all right, title and interest that you may hold in and to your User Content. Notwithstanding the foregoing, by submitting, posting or otherwise making available any User Content on or through the Site, you hereby grant to the Operator a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use, host, store, reproduce, modify, edit, adapt, translate, publish, publicly display, publicly perform, distribute and create derivative works from such User Content, in whole or in part, in any media now known or hereafter devised, including without limitation for incorporation into articles published on the Site.
The license granted in this Section shall survive the termination of your Account and of these Terms for any reason whatsoever.
You represent and warrant that: (a) you own or otherwise control all rights in and to your User Content necessary to grant the license set forth herein; (b) your User Content does not and shall not infringe, misappropriate or otherwise violate any copyright, trademark, right of privacy, right of publicity or other right of any third party; and (c) your User Content complies with these Terms and all applicable law.
You acknowledge that User Content relating to Third-Party Intellectual Property may additionally be subject to the policies of the owner thereof, including without limitation the Fan-Generated Content Policy published by Mob Entertainment, and that nothing herein purports to grant the Operator or you any right in or to such Third-Party Intellectual Property.
7. The Market
The Site includes a section (the "Market") in which registered users may publish references ("Listings") to items offered for sale by them on third-party marketplaces, namely eBay and Mercari (each a "Third-Party Marketplace"). The Market is a directory of hyperlinks only. The Operator is not a seller, buyer, broker, agent, auctioneer, escrow holder or payment processor, does not take title to or possession of any item, does not receive, hold or transmit funds, and is not a party to any transaction between users or between a user and any other person.
- Only a user who is at least eighteen (18) years of age may publish a Listing. The Operator may request a date of birth for the purpose of determining such eligibility and retains only an indication that the user is eligible.
- A user may publish a Listing only in respect of an item that the user owns and is entitled to sell, that is offered by that user on a Third-Party Marketplace, and that is genuine merchandise manufactured by or under license from the owner of the Poppy Playtime franchise. Counterfeit, unlicensed and fan-made items are prohibited.
- Each Listing is subject to review by the Operator's moderators prior to publication. The Operator may decline to publish, or may remove, any Listing at any time and for any reason, without notice.
- Every purchase, payment, shipment, return, refund and dispute relating to a listed item takes place exclusively on the relevant Third-Party Marketplace and is governed by that marketplace's own terms. Users shall not solicit or arrange payment, exchange of goods, shipment or in-person meetings through the Site, and shall not publish contact details.
THE OPERATOR DOES NOT INSPECT, AUTHENTICATE, VALUE OR VERIFY ANY ITEM OR LISTING, AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE EXISTENCE, AUTHENTICITY, QUALITY, SAFETY, LEGALITY, DESCRIPTION OR AVAILABILITY OF ANY ITEM, THE ACCURACY OF ANY LISTING, OR THE ABILITY OR INTENTION OF ANY PERSON TO COMPLETE A TRANSACTION. LISTING INFORMATION MAY BE SUPPLIED BY A THIRD-PARTY MARKETPLACE OR BY THE LISTING USER AND MAY BE INACCURATE OR OUT OF DATE. YOU ENTER INTO ANY TRANSACTION ENTIRELY AT YOUR OWN RISK, AND YOU RELEASE THE OPERATOR FROM ALL CLAIMS ARISING OUT OF OR RELATING TO ANY LISTING OR TRANSACTION.
Third-Party Marketplaces restrict their services to adults. A person under the age of eighteen (18) may not transact on a Third-Party Marketplace except through, and with the involvement of, a parent or legal guardian.
8. Intellectual Property
The Operator Content is owned by the Operator and is protected by United States and international copyright laws. Except as expressly permitted herein, you shall not reproduce, distribute, modify, create derivative works of, publicly display, republish, re-host or otherwise exploit any Operator Content, nor represent any Operator Content as your own work, without the prior written consent of the Operator. Further particulars are set forth on the Copyright page.
All Third-Party Intellectual Property appearing on the Site remains the sole and exclusive property of its respective owners. Poppy Playtime and all names, characters, story elements, artwork and imagery associated therewith are the property of Mob Entertainment. Such materials appear on the Site pursuant to the Fan-Generated Content Policy published by Mob Entertainment, and the Operator claims no ownership interest therein. Nothing in these Terms shall be construed as conferring upon you, by implication, estoppel or otherwise, any license or right in or to any Third-Party Intellectual Property.
9. Digital Millennium Copyright Act
The Operator responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"). If you believe in good faith that material accessible on the Site infringes a copyright that you own or control, you may submit a written notification to the Operator's designated agent at [email protected]. To be effective, such notification must include substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed or, if multiple works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, together with information reasonably sufficient to permit the Operator to locate the material, such as the uniform resource locator of the relevant page or post;
- information reasonably sufficient to permit the Operator to contact the complaining party, including a name, mailing address, telephone number and electronic mail address;
- a statement that the complaining party has 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
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Upon receipt of a notification satisfying the foregoing requirements, the Operator shall act expeditiously to remove or disable access to the material identified and may take reasonable steps to notify the User who submitted such material.
A User whose material has been removed or disabled may submit a counter notification to [email protected] containing: (a) the User's physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (c) a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) the User's name, address and telephone number, together with a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which such address is located or, if such address is outside of the United States, for any judicial district in which the Operator may be found, and that the User will accept service of process from the person who provided the original notification or an agent of such person.
Upon receipt of a valid counter notification, the Operator may restore the removed material not less than ten (10) nor more than fourteen (14) business days thereafter, unless the Operator first receives notice that the complaining party has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material.
It is the policy of the Operator to terminate, in appropriate circumstances, the Accounts of Users who are repeat infringers. You are advised that, pursuant to 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be subject to liability for damages.
10. Moderation; No Duty to Monitor
The Operator and its designated moderators reserve the right, but do not assume the obligation, to monitor, review, edit, move, lock, restrict or remove any User Content, and to suspend, restrict or terminate any Account, at any time, with or without notice, for any reason or for no reason, in the Operator's sole discretion.
The Operator does not pre-screen User Content and does not endorse, and expressly disclaims all responsibility and liability for, any User Content. User Content reflects solely the views of the User who submitted it. You acknowledge that the Operator acts as a provider of an interactive computer service and shall not be treated as the publisher or speaker of any User Content.
11. Electronic Communications
By registering an Account, you consent to receive electronic communications from the Operator at the electronic mail address associated with your Account, including without limitation address confirmation messages, password reset messages and notices concerning the security of your Account. You agree that all agreements, notices, disclosures and other communications that the Operator provides to you electronically satisfy any legal requirement that such communications be in writing.
The Operator does not send marketing or promotional communications.
12. Third-Party Links and Services
The Site, including User Content, may contain links to websites or resources operated by third parties. Such links are provided solely for convenience. The Operator has no control over, and assumes no responsibility for, the content, accuracy, privacy practices or availability of any third-party website or resource, and the inclusion of any link does not imply endorsement by the Operator. Your access to and use of any third-party website is at your sole risk.
13. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS AND FUNCTIONALITY MADE AVAILABLE THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE OPERATOR MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY CONTENT ON THE SITE IS ACCURATE, COMPLETE OR RELIABLE, OR THAT ANY DATA, INCLUDING USER CONTENT AND ACCOUNTS, WILL BE PRESERVED WITHOUT LOSS.
The Site is a fan maintained reference. No statement appearing on the Site shall be relied upon as a statement of fact concerning Mob Entertainment or its products.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, OR ANY PERSON INVOLVED IN OPERATING, MODERATING OR MAINTAINING THE SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE IS PROVIDED FREE OF CHARGE. ACCORDINGLY, THE AGGREGATE LIABILITY OF THE OPERATOR FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS (US $50.00).
Certain jurisdictions do not permit the exclusion or limitation of certain warranties or damages. Accordingly, some of the foregoing exclusions and limitations may not apply to you, in which case they shall apply to the maximum extent permitted by applicable law.
15. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Operator, and each person involved in operating, moderating or maintaining the Site, from and against any and all claims, demands, actions, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your User Content; (b) your access to or use of the Site; (c) your breach or alleged breach of these Terms; or (d) your violation of any law or of any right of any third party.
16. Term and Termination; Survival
These Terms shall remain in full force and effect for so long as you access or use the Site. You may discontinue your use of the Site at any time. The Operator may suspend or terminate your Account and your access to the Site, in whole or in part, at any time and without liability, including without limitation where the Operator determines that you have violated these Terms or that your conduct poses a risk to the Site or its Users.
The provisions of these Terms which by their nature are intended to survive termination, including without limitation the Sections entitled User Content; License Grant, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law; Venue, and General Provisions, shall survive any termination or expiration of these Terms or of your Account.
17. Governing Law; Venue
These Terms, and any dispute, claim or controversy arising out of or relating to these Terms or the Site, shall be governed by and construed in accordance with the laws of the United States of America and of the state the site is operated from, without giving effect to any choice of law or conflict of laws rules or provisions. You irrevocably consent and submit to the exclusive jurisdiction of, and venue in, the state and federal courts located therein for the resolution of any such dispute, and you waive any objection to such jurisdiction or venue, including any objection based on inconvenience of forum.
18. Modification of Terms
The Operator reserves the right to modify, amend or replace these Terms at any time. The effective date set forth above shall indicate the date of the most recent revision. Material modifications shall be announced by a post in the Announcements board of the forum. Your continued access to or use of the Site following the posting of any modification shall constitute your acceptance thereof. If you do not agree to the Terms as modified, you must discontinue your use of the Site.
19. General Provisions
- Entire Agreement. These Terms, together with the Privacy Policy and the forum rules, constitute the entire agreement between you and the Operator with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, whether written or oral.
- Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.
- No Waiver. No failure or delay by the Operator in exercising any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof.
- Assignment. You may not assign or transfer these Terms, or any right or obligation hereunder, without the prior written consent of the Operator. The Operator may assign these Terms without restriction.
- Headings; Summaries. Section headings are for convenience of reference only and shall not affect the interpretation of these Terms. A simplified summary of these Terms is published for convenience only; in the event of any conflict or inconsistency between such summary and this full text, this full text shall govern and control.
- No Third-Party Beneficiaries. These Terms do not confer any rights or remedies upon any person other than you and the Operator.
20. Contact
All legal notices, copyright notifications and privacy requests shall be directed to [email protected]. All other inquiries shall be directed to [email protected].
