KOG Games Inc. (the “Company,” “we,” “us”) provides this web site (the “Site”) and all Site-related services and products, including, without limitation, massively multiplayer online role-playing and multiplayer online casual games (collectively, the “Service”), subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between the Company and you, the Site visitor and/or Service member (“you”) with respect to your use of the Service. You must read carefully and understand the terms and conditions of this Agreement before using the Service.
We reserve the right to re-evaluate and augment the following at any time:
Any changes made will be effective immediately with or without prior notice. We will attempt to provide prior notice by posting on the Site or any other means we deems appropriate and efficient. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
A. SERVICE REGISTRATION
|A.1||Acceptance In order to access and use the Service, you must sign up for an account (“Account”) with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, you may not sign up for an Account and you shall not have the right to use the Service, which includes the right to play any games.|
|A.2||Age Restrictions By signing up for an Account and using the Service, you represent and warrant that you are 18 years of age or older and have the right, authority and capacity to enter into this Agreement, or you are the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. If you are between the ages of 13 and 17, you represent that your parent or legal guardian has reviewed and agreed to these Terms. Your Account may be used only by you. However, if you are a parent or guardian, you may permit one (1) of your minor children who is 13 years of age or older to use the Account instead of you. If you are under the age of 13, you are prohibited from using the Service or creating an Account. You agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Company rules, policies, notices and/or agreements.|
|A.3||Eligibility and Territory Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account. Currently we only accept customer accounts from North America and Oceania. The service is not available to users outside of these territories.|
|A.5||Account ID and Password As part of the registration process, you will also be asked to select an Account ID and password for your Account which you will use each time you access the Service. We reserve all right to refuse to grant you or to terminate an Account ID that: (i) is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion, (ii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any Account IDs which are sexual in nature. You will be responsible for the confidentiality and use of your Account ID and password. If you have reason to believe that your Account with us is no longer secure, you must promptly change your password by visiting koggames.com and immediately notify us of the problem by visiting our customer service department, support.koggames.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT ID AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.|
|A.6||Nickname As part of the registration process, you will also be asked to select a Nickname which you will use at the Forum and Game Support. We reserve all right to refuse to grant you or to terminate a Nickname that: (i) impersonates someone else, including, without limitation, another user, Non Playing Character or Game Master (“GM”), (ii) is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion, (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any usernames which are sexual in nature, (iv) is comprised of or includes the names (including “street” names) of any drug, narcotic or other criminal activity, (v) includes any special characters (i.e., ASCII codes) and/or (vi) is otherwise inappropriate, regardless of our software’s ability to disallow such usernames. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any Nickname at any time and for any reason in our sole discretion.|
B. SERVICE USE & RESTRICTIONS
|B.2||Code of Conduct .You agree to comply with all applicable laws, rules and regulations while using our service. We reserve the right to take any actions we deem required maintaining the integrity of our games, including blocking any account, with or without reason. You agree that we reserve the right to block/suspend ANY and ALL accounts we deem to be suspicious, at our discretion. Users may not:
|B.3||Games .You shall comply with the terms and conditions of this Agreement and the terms and conditions of all the game rules and policies provided in connection with the game at all times.
|B.4||Hardware and Software Access. You hereby acknowledge that:
C. POSTED INFORMATION.
Our Software and Service are intended solely for personal playing purposes. Some information contained on our Site may be posted by third parties but that does not indicate any approval or endorsement of such third parties or providers by the Company. The Company expressly disclaims any liability with respect to information posted by third parties. If you believe that certain content is incomplete or inaccurate, please contact our customer service department at support.koggames.com.
The Site may contain links to other Internet web sites. The Company does review all of the web sites that are linked to the Site, and the Company has no control over such sites. The Company is not responsible for the content of such web sites nor do we approve or endorse any material contained on any linked site. It is up to you to take precautions to ensure that whatever links you select is free of such items as viruses or other harmful items.
E. COPYRIGHT INFRINGEMENT CLAIMS
If you claim in good faith that any items presented by the Company infringe your copyright, you may send us a notice requesting that the material be removed or access to it blocked. The request should include: (i) a signature of the complainant; (ii) description of the copyrighted work allegedly infringed; (iii) where the alleged infringement is on the site; (iv) the relevant contact information; (v) a summary statement of the issue. Notices and counter-notices with respect to the Site may be sent to:
By email: [email protected]
F. OWNERSHIP, LICENSING AND RESTRICTIONS ON USE
|F.1||Ownership. Other than the personal information and content submitted by users of the Service, the Service and Software and all content included are owned by KOG Games or its licensors, and are protected by United States and other international intellectual property laws. You may not use our trademarks and trade dress in connection with any product or service that is not ours.|
|F.2||Subject to the terms of this Agreement, KOG Games grants you a personal, non-exclusive, non-transferrable, limited, fully revocable license to use the Service, and its contents. You agree to not modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any way exploit such content. Violation of the intellectual property rights of KOG Games hereunder may subject you to civil liability and/or criminal prosecution under applicable laws.|
G. ACCESS & USE BY MINORS
I. SERVICE INTERRUPTIONS
J. TERMINATION AND DISCONTINUATION.
|J.2||Effect of Termination. Upon termination of this Agreement for any reason, your right to use the Service shall immediately cease, and you shall destroy all Software and other content obtained through your use of the Service and all copies thereof. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY CHARGES YOU AUTHORIZED US OR ANY DESIGNATED PAYMENT SERVICE TO CHARGE TO YOUR CREDIT CARD(S) IN CONNECTION WITH YOUR PURCHASE OF K-CHINGS.|
|J.3||Survival. Sections F.1, F.3, J.2, J.3, K, L, M, and P (as well as the definitions applicable to such sections) shall survive any termination of this Agreement or discontinuance of the Service.|
THE SERVICE (INCLUDING THE SITE, THE GAMES, THE CASH ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, THE ITEM MALL, ANY CASH ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
L. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE GAMES, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR CASH ITEMS OR K-CHINGS), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TERMINATION OF THIS AGREEMENT AND ALL RELATED AGREEMENTS. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE LESSER OF TWENTY U.S. DOLLARS OR THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO OBTAIN CASH ITEMS.
If you have any questions, comments or complaints regarding this Agreement or the Service, please contact our customer service department at support.koggames.com. For inquiries related to business matters such as licensing or merchandising, please contact us at [email protected]. For inquiries related to marketing, advertising, press, etc., please contact our marketing department at [email protected].
O. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
P. LIQUIDATED DAMAGES
You acknowledge and agree that you are not permitted for any reason or under any circumstances to hack, attempt file decryptions, crack encryptions, use cheats and/or memory altering scripts or codes or utilize unauthorized third-party manipulations programs, re-packer programs, game or client altering software or client re-interpretation methods or codes to alter the play experience or gain an unfair advantage in any of the KOG Games games. You also are prohibited from doing the following: (1) use any type of hacks, bypass, decryptions (including but not limited to file decryption software/methods), cheats and/or memory altering scripts or codes to gain an unfair advantage over other users in any KOG Games game; (2) manipulate and/or alter the game client and/or server memory in order to gain unearned and unjustified K-CHING, in-game currency and/or any other Items from any KOG Games game ; and (3) elevate your ranking in any KOG Games game fraudulently or by any wrongful or unauthorized means. In addition you agree not to create, design, reverse engineer, modify, disseminate, link, distribute, provide access to or use any third party programs, bots, scripts, codes, bypass, memory scanning software, hacks or cheats designed to alter the game play or to modify the code to play the game differently than it was intended by means of programs not permitted or authorized by KOG Games, which include, but are not limited to: hacks, private servers, cheat engines, memory altering scripts or codes (including but not limited to disconnection hacks), auto clickers, any type of bots and/or game cheats. Any use, dissemination or design of such programs shall be deemed a material breach by you of these Terms of Service for which you will be liable to KOG Games for any resulting damages. Because the damages resulting therefrom are difficult to ascertain, You agree that if you host or operate a private server of a KOG Games game or host or operate a hack site that sells hacks to a KOG Games game or if you distribute, disseminate, design, code, moderate and/or provide free or paid access to private forums that sell or distribute hacks, or assist in the design of any private servers or third party programs (such as hacks) that alter the game play of any KOG Games game, you shall pay the Company, as liquidated damages and not as penalty, the sum of Two Hundred Thousand ($200,000) Dollars for each such program (including patches) and versions thereof . You also agree that if you use such a program to play any of the KOG Games games, or engage in the use of a private server, you will have the unconditional obligation to pay KOG Games the sum of Five Thousand ($5,000) Dollars, as liquidated damages and not as penalty, for each time you use such.
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regard to principles of conflicts of laws that would result in the application of the law of a different jurisdiction. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Orange, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us 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. This Agreement is not assignable, transferable or sublicenseable by you except with the Company’s prior written consent. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.