Terms and Conditions of Sale

Sulake, Inc.
225 Santa Monica Blvd., Suite 400
Santa Monica, CA 90401

TERMS AND CONDITIONS OF SALE

THESE TERMS AND CONDITIONS OF SALE GOVERN YOUR PURCHASES OF PRODUCTS AND SERVICES FROM SULAKE, INC. (“SULAKE“) ON HABBO.COM (“SITE“) (HOWEVER ACCESSED AND/OR USED, WHETHER VIA PERSONAL COMPUTERS, MOBILE DEVICES (I.E., PURCHASES VIA SMS) OR OTHERWISE). EVERY TIME YOU MAKE A PURCHASE ON OUR SITE, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS OF SALE. Every order you place through Sulake or its vendors will be deemed your offer to purchase. We may accept your offer either through an e-mail confirmation or through delivery of the items you requested. Our acceptance of each offer as specified is expressly subject to and conditioned on your acceptance of these (and only these) Terms and Conditions of Sale.

COINS, VIRTUAL ITEMS AND SUBSCRIPTION FEES

Purchases of Habbo® Coins and of Premium Subscriptions (as defined below) are purchases of a limited, non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, in Sulake's sole and absolute discretion, or if Sulake discontinues providing the services on the Site.

Habbo® Coins, and Premium Subscriptions have no monetary value, are non-refundable and cannot be used to purchase or use products or services other than in-game play offered by Sulake (e.g., Habbo® Furni (defined below) or Habbo® Games). Although you may buy Habbo® Coins and Premium Subscriptions via mobile services, the Habbo® Coins and Premium Subscriptions are not redeemable for content or services offered by the carrier.

You have no property interest in Habbo® Coins, Premium Subscriptions, your avatar, virtual items (e.g., Habbo® Furni or rares), which remain the exclusive property of Sulake subject only to your limited, non-transferable revocable license to use such for in-game play subject to these Terms and Conditions of Sale and the Terms of Use. Any attempt to sell or transfer same will result in an automatic termination of such license. Further, as these are merely licensed game play activities, they are deemed consumed upon purchase like putting a quarter in an arcade game and terminate upon any termination of your account.

MONEY MATTERS

All prices we show on this Site are subject to change without notice. Prices stated at beginning of delivery apply. Applicable taxes or shipping and handling charges, which do not apply to virtual products such as digital furniture (“Furni“) (if any), are not included in the product prices, but all such charges will be added to your invoice and will be visible at Check Out before you complete your purchase.
We will collect sales tax in the states we are required by law to do so. Thus we may require you to tell us your state of residency when ordering. Applicable sales tax will be added to your purchase.
All Habbo® Coins, Premium Subscriptions and all virtual products (including Furni and all other items or services within the Site) are non-refundable, except, in our sole and absolute discretion or as required by applicable law. Virtual products purchased will be available for use as soon as reasonably practicable.

SMS PURCHASES

These additional terms apply to SMS purchases of Habbo® Coins and any other virtual items sold on the Site.

How to opt-in: To opt-in, text “HABBO” to 25584. Wait until you get a confirmation message back from us. This may take a few minutes. Reply “OK” to this message. You will get a message from us containing your special Tip of the Day and Voucher Code. If you are not the bill-payer, be sure to obtain permission from the bill-payer before opting in.

How to opt-out: To opt-out, text “STOP” to 25584 and we will send you an SMS text message confirming that you will no longer receive messages from us unless you opt-in again.

How to get help and support: Email us at < credits.us@sulake.com >, or call our toll free number at 1-888-515-4540. From your cell phone, you can request our contact information at any time by texting “HELP” to 25584.

Fees: each purchase of 10 Habbo Coins is $1.99. The charges will be applied to your wireless phone bill. Other standard rates billed by your carrier may apply. Standard messaging charges apply.

Service availability: The service is available to customers of Sprint PCS, AT&T, Verizon Wireless, T-Mobile®, Virgin, Nextel, Alltel Wireless, Cellular One by Dobson Cellular Systems, Cricket, Midwest Wireless & U.S. Cellular.

SUBSCRIPTIONS

In addition to the many methods for purchasing Habbo® Coins and Habbo® Furni, you may set up a subscription for automatic monthly delivery of Habbo® Coins and/or Habbo® Furni on an ongoing basis or during given period of time (“Premium Subscription“). You agree that by completing the additional Premium Subscription service registration at the Site, you authorize Sulake to charge applicable recurring Premium Subscription fees to your designated billing payment method.

Purchasers of ongoing Premium Subscriptions are billed on a thirty (30)-day cycle, which begins upon subscription service registration and ends thirty (30) days thereafter (each a “Subscription Month“). The fee for each Subscription Month is charged on the 1st day of the Subscription Month or within a reasonable time thereafter.

If you elect to purchase a fixed term Premium Subscription (the subscription term is to be defined in connection with the service description and/or special terms and conditions applicable to the respective Premium Subscription, which description and/or special terms are incorporated herein by reference) then you agree that Sulake will charge your designated billing payment method during the defined intervals for each applicable installment of the total Premium Subscription fee without further advance notice to you.

You (together with your legal guardian if you are under eighteen (18) years of age) are solely responsible for setting up payments limits and otherwise configuring the account settings of the billing payment method associated with the Premium Subscription. You represent and warrant to Sulake that you are authorized to use the billing payment method (including, without limitation, all accounts, credit cards and such associated therewith) for the purposes of purchasing Premium Subscription as described herein.

You can cancel your ongoing Premium Subscription in the following ways:

1. by filling out and submitting the form here: https://billing.habbohotel.com/payment/service/subscriptionCancel.jsp?siteID=hhus

2. by notifying Sulake via Habbo Help tool (https://www.habbohotel.com/iot/go?lang=en_US&country=us);

3. by sending us an email (credits.us@habbo.com);

4. or by calling us (toll free: 1 888 515 4540, M-F, 9:30am-5pm PST).

If you cancel your monthly Premium Subscription, Sulake will not refund any remaining portion of your Premium Subscription Fees. Cancellation will be effected by us within three (3) business days from the receipt of your cancellation request.

If you have purchased a fixed term Premium Subscription, you further agree that notwithstanding the foregoing the Subscription may not be canceled prior the expiry of the term of the Subscription.

CREDIT CARD SECURITY

Shopping should be fun, and we want you to feel safe and secure when you shop with us at Habbo®. Please see our Privacy Policy to understand how we take care of your personal information. Of course, as you’re shopping with us online, you may give us your credit card information, and we take the responsibility of caring for that information very seriously. While no security system is absolute, we employ industry standard security systems. Our servers protect your information using encryption and firewall technology throughout the ordering process. Most browsers will show a lock icon in the bottom status bar on secure pages. Look for this icon on any web page that asks for your personal information. We also use state-of-the-art Secure Sockets Layer (SSL) encryption to protect your personal information from unauthorized use.

FAIR CREDIT BILLING ACT

Thanks to the Fair Credit Billing Act, your credit card company or your bank cannot hold you responsible for an amount higher than $50 of unauthorized or otherwise fraudulent charges made to your credit card. Liability on a debit card can be greater, but check with your bank because many of them grant the same $50 limit to debit cards.

RETURN POLICY

We will accept your return of products that are not virtual products (e.g., Habbo? Coins, Premium Subscriptions are virtual products) purchased through the Site as long as the products and packaging are returned in their original condition within thirty (30) days of shipment to you. When we ship you physical products, we’ll include a return authorization form that you need to enclose along with anything you send back to us.
All Habbo? Coins, Premium Subscriptions and all virtual products (including Furni and all other game play activities items or services within the Site) are non-refundable, and non-returnable except, in our sole and absolute discretion.

OTHER STUFF

We reserve the right to furnish materially equivalent substitutions for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of the order. We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, utility, services, network or transportation interruptions, server crashes, hackers, viruses, technical glitches or any other cause beyond our reasonable control. We may revise or modify products, product information or pricing without notice. We are not responsible for typos, fax or printing errors.

These Terms and Conditions of Sale will be governed and interpreted pursuant to the laws of the State of California, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Sulake arising out of these Terms and Conditions of Sale or pertaining to the subject matter hereof. The parties to these Terms and Conditions of Sale each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Sale or pertaining to the subject matter thereof will be in the state and federal courts in California. YOU IRREVOCABLY WAIVE ALL RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION SUITS OR CLAIMS REGARDING THE MATTERS RELATED HERETO AND CONSENT TO THE MANDATORY ARBITRATION PROVISIONS IN THE Terms of Use. If any part of these Terms and Conditions of Sale is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Sale constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms and Conditions of Sale, these Terms and Conditions of Sale will govern, unless expressly agreed in writing otherwise by an executive officer of Sulake (i.e., regular employees cannot bind Sulake).

Last updated: April 17, 2009.