Effective Date: January 29, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. These Terms of Service govern the relationship between you and Kakao Games Corp. and/or its affiliates ("Kakaogames", "we," or "us") regarding your play or use of, or participation in, Kakaogames mobile games (the "Games") and related services and game support applications for the Games, including, without limitation, every Kakaogames application or other game related applications ("Application” or "Applications”), provided on or through Kakaogames websites (“Websites”), online communities or social network services (collectively, the "Services"), and Services provided through third party platforms (“Third Party Platforms). Your right to use the Services is subject to your compliance with all of the terms and conditions set forth herein.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND KAKAOGAMES. You are contracting with Kakaogames Corp.
1. The Materials. The information and materials provided on or through the Services, including without limitation, Virtual Currency (defined below), Virtual Goods(defined below), and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Services(including any new levels, characters, and in-game items), links, and other content, features and services available on or through the Services (collectively, the "Materials"), excluding Submissions (defined below), are intended to educate and inform you about us and our business and provide you with access to the Services. THE MATERIALS ARE PROVIDED "AS IS" AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK.
2. Limited License and Right to Use the Materials. The Services are provided for your enjoyment, and unless otherwise specified on or in the Services, solely for your own personal use. Kakaogames hereby grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for your own personal, non-commercial entertainment purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Services, including without limitation on Third Party Platforms, Kakaogames reserves the right to revoke your right to use the Services at any time as further set forth in Section 11 herein. You acknowledge that the time that you spend on or using the Services, including, without limitation, on any Third Party Platforms, is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Services and/or the Materials. Except as expressly provided herein, Kakaogames does not grant you any other express or implied rights or license in or to the Materials, Services, and all right, title and interest that Kakaogames has in the Materials and/or the Services rights not explicitly granted to you by Kakaogames or its licensors are retained by Kakaogames or its licensors, respectively. There are no implied rights. Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without Kakaogames’ or its licensors’ express prior written permission. This includes, but is not limited to scraping user locations, power levels, or utilizing any non-public information about game play or other users and migrating that data anywhere.
3. Intellectual Property. You acknowledge that the Materials, Services are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights ("Intellectual Property") owned by Kakaogames, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Applications, Websites, Services and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of Kakaogames and its licensors. The trademarks, trade names, trade dress, logos, and service marks displayed on the Services or any Third Party Platform, including but not limited to the Kakaogames, marks, logos and trade dress are the registered and/or unregistered trademarks of Kakaogames, Kakaogames’ licensors and vendors and/or other third parties. You acknowledge that the Intellectual Property is valid and protected in all media and forms existing now or later developed and under United States and foreign laws. You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property. The Intellectual Property may not be used by you for any purpose other than as expressly granted in Section 2 above without Kakaogames’ prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Kakaogames’, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Kakaogames. Nothing contained on the Services or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, Kakaogames and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
4. Right to Modify. We reserve the right, at any time, to modify, suspend, or discontinue the Applications, the Websites, the Materials, the Services, or any part or parts thereof with or without notice. You agree that Kakaogames will not be liable to you or to any third party for any such modification, suspension, or discontinuation. Kakaogames may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
5. Your Account and Profile. In order to access and/or use certain aspects of the Services, we may require you to create a user account ("Account"). You acknowledge and agree that you have no ownership or other proprietary interest in such Account. To create an Account, we may require or request that you to provide us with certain personal information (e.g., your name and/or e-mail address). Providing Kakaogames with your personal information is your choice. Each time you decide to provide Kakaogames with your personal information, you agree to: (a) provide complete and accurate information about yourself as prompted by our registration form (including your current e-mail address) and (b) maintain and update your information (including your e-mail address) to keep it accurate, complete and current. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Kakaogames has the right to terminate your access to and use of the Services (or any portion thereof) and your participation in any Services contained on or available through the Applications or the Websites or any Third Party Platform. To create an Account, we may require you to select a username and password. Your username is subject to certain terms and Standards, as set forth in Sections 6 and 9 below. You agree that Kakaogames has the right in its sole discretion to suspend or terminate your user Account and refuse any and all current or future use of the Services (or any portion thereof). You agree that Kakaogames, in its sole discretion, reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. In order to provide more information about yourself to other users, you may register your status information, nickname or pictures. You acknowledge that such information may be disclosed to other users for certain aspects of the Services. You further acknowledge that, where access and/or use of certain aspects of the Services utilize and/or allow the use of the account management system of a third party social networking web site such as Google+, Facebook, iTunes’ Game Center or similar third party services and/or a third-party payment provider (“Third Party Accounts”) we may collect personal information from your profile on Third Party Accounts, such as your name, user number, nickname, and pictures (“Profile”). Further, when you access or use the Services through mobile applications such as KakaoTalk or Third Party Accounts, your Services information and records along with your Profile may be disclosed to other users. If you do not agree to disclosure of your information to third parties, you may choose not to disclose such information to third parties at the relevant menu within the Applications or the Website and/or the Services.
6. User Name & Password. You acknowledge that you shall be responsible for ensuring that any user name you select does not infringe any third party rights or is otherwise not unlawful. Kakaogames may refuse to grant you a username in its sole discretion for any reason including if it impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and Kakaogames reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that Kakaogames reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in Kakaogames’ sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF VIRTUAL CURRENCY, VIRTUAL GOODS, OR SERVICES ON OR THROUGH THE APPLICATIONS OR THE WEBSITES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or rights therein to anyone.
You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You agree that Kakaogames will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by Kakaogames or another party due to someone else using your Account. Because of this, Kakaogames strongly recommends that you exit from your Account at the end of each session.
You agree to pay all fees or charges incurred by your Account, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. Kakaogames may add new products and services for additional fees and charges, or proactively amend fees and charges for Services and/or Materials, at any time in our sole discretion. You represent to Kakaogames that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.YOU ACKNOWLEDGE AND AGREE THAT THERE ARE NO REFUNDS FOR FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
7. Virtual Currency/Virtual Goods. You acknowledge that the Services may include a component of fictional credits or currency ("Virtual Currency"). The Virtual Currency may be used exclusively within the Services to gain access to and certain limited rights to use virtual items for use exclusively within the Services ("Virtual Goods"). Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from Kakaogames or any other person or entity at any time. Virtual Currency provided by Kakaogames includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency on and in the Services including in or for any games, applications or other services provided or offered on or through the Applications, the Websites and/or Third Party Platforms, and you agree that you have no right, title or ownership in or to any such Virtual Currency. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND VIRTUAL GOODS HAVE NO CASH VALUE AND THAT NEITHER KAKAOGAMES NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR VIRTUAL GOODS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT AND/OR YOUR THIRD PARTY ACCOUNTS IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, VIRTUAL GOODS AND YOUR ACCOUNT AND/OR THE VIRTUAL CURRENCY, VIRTUAL GOODS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS SHALL HAVE NO VALUE.
Kakaogames reserves the right to charge fees for the right to access or use Virtual Currency or Virtual Goods, and/or may distribute Virtual Currency or Virtual Goods without charge, in its sole discretion. For example, Kakaogames may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Virtual Goods based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that Kakaogames may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Virtual Goods and/or any Services at any time except as may be stated in writing.
You may also obtain a license to use Virtual Currency and/or Virtual Goods by redeeming third party virtual currency, including without limitation Facebook Credits. If you purchase or use Facebook Credits or third party virtual currency, you are agreeing to Facebook or third party’s respective terms of service, including without limitation any payment terms, and privacy policies, and Kakaogames is not a party to any such transactions.
All purchases of Virtual Currency and Virtual Goods are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Virtual Goods (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Virtual Goods immediately credited to your Account or ready for your use by Third Party Accounts you used to access and/or use the Services and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
Kakaogames has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Kakaogames shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Virtual Goods will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Kakaogames discontinues any or all of the Services, including without limitation any Services provided or offered through Third Party Platforms; and identical and/or similar rules apply to Virtual Currency and Virtual Goods associated with Third Party Accounts used to access our Services.
Kakaogames reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in and/or associated with your Account and Third Party Accounts. Kakaogames further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account and Third Party Accounts in connection with your use of the Services(including any games, applications or services provided or offered in the Applications or on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Virtual Goods. While Kakaogames strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Kakaogames’ determination of the amount of Virtual Currency in your Account and Third Party Accounts is final, unless you can provide documentation to Kakaogames that such calculation was or is intentionally incorrect.
9. User Conduct and Content Responsibilities. While using any of the Applications, the Websites, Services and/or Materials, including on or in any Submissions (as defined below), postings or ratings, you agree to follow our standards and guidelines set forth in "Announcements" or "Stickies" found in the Services (such standards are hereby incorporated by reference into these Terms) (collectively, "Standards"). You agree not to:
10. Forums & Submissions. The Services may include features such as ratings, message boards, e-mail services, blogs and/or other forums or areas where you and others can post or transmit information onto or through the Services, including through Third Party Platforms (collectively, the "Forums"), and may redistribute content you send/upload/post to the Services or through Third Party Platforms. In addition, Kakaogames does not accept or consider from users unsolicited ideas, including ideas for new, changed or improved promotions, products, games, applications, technologies or processes or other ideas (collectively, "User Ideas") or is under no obligation to evaluate, review or use any User Ideas. By sending, posting or transmitting to Kakaogames photos, graphics, creative suggestions, ideas or User Ideas, notes, concepts, information, ratings or other materials (collectively, "Submissions") or by posting such Submissions to any area of the Services (including without limitation, the Forums) or on Third Party Platforms, you grant Kakaogames and our designees and users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media or technology now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You must not transmit any Submission to or through the Applications, the Websites, Services or Third Party Platforms, or to Kakaogames that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions. You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that any personal information that you communicate via the Forums may be seen and used by others and may result in unsolicited communications. Kakaogames strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. Kakaogames is not responsible for information that you choose to communicate via the Forums or Submission. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Services, through Third Party Platforms, or in any Forums by third persons or parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of Kakaogames. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will Kakaogames or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Applications, the Websites, Services, or any Third Party Platform. We have no obligation to monitor the Applications, the Websites, Services, any Third Party Platform, or the Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the Applications, the Websites, in the Services, on any Third Party Platform, or in the Forums. You acknowledge and agree that Kakaogames has the right (but not the obligation) to do any or all of the following, at its sole discretion: (i) alter, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Applications or the Websites or any Services available thereon or through any Third Party Platform to (a) protect Kakaogames and its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and Kakaogames’ users and visitors; (b) to comply with legal obligations or governmental requests; and (c) to enforce these Terms; or for any other reason or purpose. Notwithstanding anything stated herein, by posting a Submission you represent and warrant that (1) you own or otherwise control all of the rights including without limitation, all copyrights, to your Submission or are otherwise legally entitled to post the submission; (2) the content is accurate; (3) use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and (4) you will indemnify Kakaogames and/or its subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Submissions, you supply, provide or transmit to Kakaogames or the Applications, the Websites, Services, or any Third Party Platform. Kakaogames has the right, but not the obligation, to monitor and edit or remove any activity or content. Kakaogames takes no responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party. KAKAOGAMES RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING OR APPEARING IN THE APPLICATIONS, ON THE WEBSITES, IN THE SERVICES, OR IN ANY THIRD PARTY PLATFORM. Kakaogames may store Submissions indefinitely. However, Kakaogames has no obligation to store Submissions or make Submissions available to you in the future and Submissions may be destroyed without your permission with no liability to Kakaogames for doing so.
11. Termination. Your right to access and use the Applications, the Websites, Services and Materials will remain effective until terminated in accordance with the Terms. Kakaogames reserves the right to revoke the license granted to you herein, and if we do, Kakaogames may terminate your access to and use of the Applications, the Websites, Services and Materials and may, in its sole discretion, maintain, delete, or deny your Account and Third Party Accounts used to access our Applications, Websites, Services and any items associated therewith, including without limitation any Virtual Currency, Virtual Goods, and Submissions. If Kakaogames revokes your license, Kakaogames will not have any liability to you for any time spent by you, any Virtual Currency, Virtual Goods and/or Submissions associated with your Account or Third Party Accounts, or for any other reason whatsoever. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Virtual Currency, accumulating or creating Virtual Goods, creating Submissions, or accumulating or creating any other digital and/or virtual objects, and you understand and agree that you will not be compensated under any circumstances for any Virtual Currency, Virtual Goods, or Submissions, regardless of whether you are barred from access to them. Kakaogames may suspend, terminate, modify, delete, or deny your Account or Using third party account or rights thereto with or without prior notice to you, at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Terms or for any other reason that Kakaogames in its sole discretion determines is appropriate. For example, your Account may be deleted and terminated without warning if Kakaogames believes, in its sole discretion, that you are under 13 years of age if you are in or from the United States; if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or Kakaogames has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to access and use the Applications, the Websites, Services and Materials, including without limitation the Virtual Goods and Virtual Currency, will immediately cease. Kakaogames also reserves the right to refuse service to anyone and to remove content, Submissions or Materials for any reason whatsoever in its sole discretion. You may request for termination of your Account via termination function implemented in Services. Kakaogames may terminate your Account or take similar actions to your Third Party Accounts’ access to our Services, in its discretion, if it has been inactive for a period of at least 6 months. Your Account and/or Third Party Accounts will be considered inactive if you do not log on to any Services using your username and password. The provisions of Sections 3, 5, 6, 7, 8, 10, 11, 13, 15, 20, 21, 24, 26, 29, 30, 31, 32, 33, 34, 35, and 36, together with those that by their nature continue and survive, will survive any termination of this Terms of Service.
12. Eligibility. Except as set forth herein, you must be at least 13 years of age if you are in or from the United States or the age of majority in other sovereign territories to use the Services, or anything accessible or available in the Applications or on the Websites or through Third Party Platforms, register for an Account, or transmit or post any Submission or any Personal Information to any Forum or Blog or anywhere else in the Applications or on the Websites or in the Services. By accessing, using and/or submitting content or messages to or through the Services, including Services available through Third Party Platforms, you represent that you are at least 13 years old or older for United States, United Kingdom or Canadian users, or that you are an adult in any other jurisdictions. Users Aged 13-18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE SERVICES AND/OR ANYTHING ACCESSIBLE OR AVAILABLE IN THE APPLICATIONS OR ON THE WEBSITES OR THROUGH THIRD PARTY PLATFORMS. YOU ALSO AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD SHALL BE YOUR SOLE RESPONSIBILITY. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
13. Acknowledgements. You hereby agree and acknowledge that: (a) Kakaogames has the right to obtain without notification to you certain information about your computer, phone, tablets, or other current or future devices and/or software, including without limitation, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification and other lawful purposes; (b) Kakaogames has the right to obtain without notification to you non-personal information from your connection to the Services or via any Third Party Platform for demographic or other legal purposes; and (c) Kakaogames has the right to obtain without notification to you information from your devices, software, and parts or portions thereof, including without limitation, your devices’ random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use "hacks." The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance or believed by Kakaogames to not be in compliance with the Terms and any and all other Kakaogames Standards, rules, policies, notices and/or agreements. You acknowledge and agree that you (and not Kakaogames) are responsible for obtaining and maintaining all telecommunications, broadband, and hardware, equipment, and services needed to access and use any service provided by Kakaogames, including without limitation, the Applications, the Websites, Services, or Third Party Platforms, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any websites through which you access Kakaogames’ products or Services, including the Applications and the Websites and any Third Party Platforms.
15. Sweepstakes/Contests. From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a "Promotion") in the Applications, on our Websites, via the Services, or through a Third Party Platform. Participation in any Promotion is subject to the official rules or guidelines governing that Promotion. Kakaogames may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless specifically superseded by Promotion-specific rules. In addition, as a condition to receiving any Virtual Currency or other awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in Kakaogames marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that Kakaogames is not responsible for such third parties’ promotions.
16. Accessing Materials. Access to the Services or materials from territories where their contents are illegal is prohibited. Those who choose to access or use the Services or materials from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Users using Services from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.
17. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Kakaogames infringe your copyright (for example, materials posted by a user on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the following requirements and specific instructions for submitting a notice to Kakaogames. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact Kakaogames’ DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):
18. Counter-Notification. If material that you have posted to the Site has been taken down, you may file a counter-notification that contains the following details:
19. Third-Party Offerings. The Services may include links to other websites or services (including advertisements and payment providers) solely as a convenience to you ("Linked Sites"). The inclusion of any Linked Site does not imply endorsement by Kakaogames of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The content on Linked Sites is not under the control of Kakaogames. Kakaogames does not provide or endorse any such Linked Sites or the information, material, products, or services contained on or available or accessible on or through any Linked Sites, nor is Kakaogames responsible if the Linked Site is not functioning properly. Furthermore, Kakaogames makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk, and you acknowledge and agree that Kakaogames is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers in the Services or available through any Third Party Platforms. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Services or through any Third Party Platform or participation in Promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Kakaogames is neither responsible nor liable for any part of such dealings or Promotions.
20. Disclaimer of Warranties. THE APPLICATIONS, THE WEBSITES, SERVICES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED OR AVAILABLE THROUGH THE APPLICATIONS OR THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KAKAOGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. KAKAOGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE APPLICATIONS, THE WEBSITES, SERVICES, OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE MATERIALS (OR ANY PART THEREOF INCLUDING THE SERVICES), THE SUBMISSIONS, THE SERVER(S) ON WHICH THE APPLICATIONS, THE WEBSITES OR SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF KAKAOGAMES OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE IN THE SERVICES OR MATERIALS, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS AND SERVICES PROVIDED THROUGH THE APPLICATIONS, THE WEBSITES OR ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
21. Limitation of Liability. NEITHER KAKAOGAMES NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE APPLICATIONS OR THE WEBSITES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES OR THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE APPLICATIONS, THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS, SERVICES, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO KAKAOGAMES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO KAKAOGAMES IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND KAKAOGAMES OR A REPRESENTATIVE OF KAKAOGAMES CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22. Inaccuracies. A possibility exists that the Services, Materials, including any Services provided on any Third Party Platform, or Submissions could include inaccuracies or errors, or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services or Materials, including any Services available on any Third Party Platform. Although Kakaogames attempts to ensure the integrity of the Services and Materials, including the Services on Third Party Platforms, we make no guarantees as to the Service’ or Materials’ completeness or correctness. In the event that a situation arises in which the Services’ or Materials’ completeness or correctness is in question, please submit a request via customer inquiry function implemented in Services with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Services or Third Party Platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" above.
23. System Outages. Kakaogames periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Kakaogames has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.
24. Indemnification. You agree to indemnify, defend, and hold harmless Kakaogames, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any allegation that any Submission or other information you post, submit to us or transmit to the Services or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username or Account or Third Party Accounts, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use any of the Applications, the Websites, Services or the Materials, including any Services available on Third Party Platforms, or Submissions; (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you to the Applications, the Websites, in the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
25. Notice for California Users. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at Department of Consumer Affairs Consumer Information Division 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834.
26. Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Materials, including any Services or information available through Third Party Platforms, or the Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.
27. Modifications to these Terms of Service. Kakaogames has included the effective date of these Terms of Service on the first page of this document. Kakaogames reserves the right to make changes to any Terms at any time, however, Kakaogames shall provide notification to you in advance of any changes becoming effective and update the effective date. Your continued use of the Service after such notification will constitute your acceptance of such changes. The revised Terms supersede all previous notices or statements regarding the Services and Materials. For this reason, we encourage you to review these Terms any time you access or use the Services or materials, and recommend that you print out a copy for your records. Upon our request, you agree to accept or sign of a non-electronic version of these Terms of Service and any other policies or agreements set forth or available on or through the Services or any Third Party Platform. If you do not agree to any parts of our Terms of Service, your only remedy is to discontinue your use of the Service and to close any accounts you have created using the Service through steps described in Section 11.
28. Mobile Terms. In order to use the Services and Materials, you must have a wireless mobile device capable of two-way messaging and wireless service (with SMS (text messaging) capability) through a participating mobile service provider. You agree that are solely responsible for all message & data charges that you incur from your mobile service provider for your use of Services and Materials. These charges may include standard and premium SMS charges and may be a one-time or reoccurring charge. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. Kakaogames is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages.
29. Notice. Except as explicitly stated otherwise, legal notices will be served on Kakaogames’ national registered agent or to the e-mail address you provide to Kakaogames during the registration process or the latest and current e-mail address you would have updated to Kakaogames in accordance to Section 5 herein. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through your registration for any of the Services. In such case, notice will be deemed given three days after the date of mailing.
30. Waiver. The failure of Kakaogames to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Kakaogames.
31. Informal Negotiations/Notice of Dispute. You and Kakaogames agree to first attempt to negotiate any dispute relating to the Terms (“Dispute”) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Kakaogames will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to firstname.lastname@example.org with subject "ATTENTION: Legal Department.”
32. Governing Law. The Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California.
33. Binding Arbitration. If you and Kakaogames are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, the Dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The seat or legal place of arbitration proceedings shall be California, and the language to be used in the arbitration proceedings shall be English. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND KAKAOGAMES ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. In addition, you and Kakaogames may agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted by telephone, online, or based solely on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You shall have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Kakaogames within 30 days of your commencing use of our Services.
34. No Class Actions. You and Kakaogames agree that a party can only bring a claim against each other on an individual basis. That means: (a) neither you nor Kakaogames can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless both parties agree otherwise in writing); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Kakaogames users, and cannot be used to decide other disputes with other users. You shall have the right to opt out of this waiver of class action by providing written notice of your intention to do so to Kakaogames within 30 days of your commencing use of our Services.
35. Severability. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
36. Assignment. The Terms and any related rights and licenses granted hereunder, may not be transferred or assigned by you without Kakaogames’ prior written consent, but may be assigned by Kakaogames freely without restriction.
37. Entire Agreement. This is the entire agreement between you and Kakaogames relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
38. Miscellaneous. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Kakaogames’ performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Kakaogames’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Applications, the Websites, Services, including without limitation those available through Third Party Platforms, and any information provided to or gathered by Kakaogames with respect to such use(s). A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to the Terms must be written in the English language. Should you have any questions or concerns regarding these Terms of Service, please contact us through email@example.com