Terms of Use - ELSWORD

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POLICIES & AGREEMENTS

PRIVACY POLICY
TERMS OF USE
USER ABUSE

TERMS OF USE

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:

The terms and conditions of this Agreement;
The Service, including terminating, eliminating, supplementing, or modifying, any content or data on or feature of the Service or the hours that the Service is available;
Any fees or charges, if any, related to your use of the Service; and
The equipment, hardware or software required to use and access the Service.
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 deem 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.4 Registration information

To register an Account, you will be required to provide us with certain information about yourself, including, without limitation, your name and e-mail address. You must also pick one or more security questions and answers. Registration will permit us to collect your IP address and computer’s hardware and operating system specifications. Once we receive your information, we will send you a link to verify your information. You have three (3) days upon receipt of the link to verify your information. Your account will be deleted if not verified after three (3) days. If you decide to maintain an Account with KOG Games, you must start the process over again. All of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Agreement and our Privacy Policy, which is incorporated herein by reference. You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service and, in our sole discretion, to report you to the appropriate government authorities. We are not responsible or liable if your Account is “hacked” or if your Account (or the information contained therein) is otherwise deleted.

A.5 Account ID and Password

As part of the registration process, you will also be asked to create 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 https://my.koggames.com/ and immediately notify us of the problem by visiting our customer service department, my.koggames.com/support. 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 Customer 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.1 Use.
Your usage and access of the Software (defined in the Terms of Use Agreement) is subject to the terms and conditions set forth in this Agreement. You are solely responsible for obtaining and maintaining all hardware and other equipment needed to access and use the Service. You are solely responsible for all related charges and fees.
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: Prohibit or deny any other users from using the Service, Cash Items (as defined below) or the Software; Plan or launch an attack upon any server used in connection with the Service or otherwise attempt to disrupt such servers; Use the Service, Cash Items or Software for any unlawful or unintended purpose as explained on the Site; Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior, including, without limitation, looting, kill stealing, making sexual comments and/or cursing; Express or imply that any statements you make or actions you take are endorsed by us; Impersonate another person or pretend that you are an employee of the Company, its parent, subsidiary, or affiliate. Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party’s intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, or other items of a destructive nature; (iv) any private information about companies; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service, Cash Items or Software; “Frame” or “mirror” any part of the Service without our prior written authorization; Link to any page of or content on the Site other than the URL located at http://www.KOGGames.com; – Introduce or provide a link to any web sites that promote any product or any service; Introduce or provide a link to any web sites that promote any product or any service; Use any application or other manual or automatic device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. Collect information about the Service, visitors to the Site or users of the Service without their express consent; Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement; Host or redirect the communications protocols used by us as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Software or using a utility program to host the Software; Sell, advertise, or post information on hacks for the Software, Cash Items or Service and/or advertising, posting information on or selling hacks for any other software or web sites; Exploit the Software, Cash Items or the Service for any commercial purpose, including the provision of “power leveling” services; Make any changes to the Software, Cash Items or the Service to change “game play,” including, creating cheats and/or hacks or using third-party software to access files in the Software or Service; Reverse engineer, decompile or disassemble all or any portion of the Service, Cash Items or Software; Hack or alter the Software, Cash Items or the Service or connect to other interfaces other than those provided; controlling) to automatically function or effect any action in a game with or without your presence; Use “packet sniffing,” scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service, the Cash Items or the Software; Attempt to obtain a password or other private account information from any other person or user of the Service; and/or Disclose your personally identifiable information or any other person’s or users personally identifiable information on the Site or through the Service, or web sites or forums related to the Site or Service.
	B.2.1 Chargeback.
	Chargeback is a reversal, withdrawal or a return of funds to a customer which is influentially initiated by the user or by the issuing bank. The first offense penalty for unauthorized chargebacks will be an immediate permanent ban in the game and in the payment gateway wherein the chargeback was filed.
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.3.1 Character Name.
	The rules for character names follow the same rules as nicknames identified in Section A.6.
	B.3.2 Game Forums.
	While playing games, you may create and/or join existing forums as part of the Service (the “Forums”) for the purpose of communicating with other players. While participating in a Forum, you must adhere to the rules set forth in Section B.2 above, and you may not: Stop or hinder the normal course and pace of postings or chat in the Forum, including through: (i) use of a macro; (ii) any mechanisms causing the Forum or chat screen to scroll faster; (iii) posting “Spam” messages; and/or (iv) sending repeated unsolicited or improper messages to a single user or keep posting like messages in a Forum or chat area; Harass, threaten, stalk, embarrass or cause distress to any other person or player; and Partake in any action that “scams” or defrauds any other player, especially with respect to any items that a player has obtained. Any thoughts posted and/or opinions expressed in the Forums do not reflect the opinion(s) of the Company. We are not responsible for any errors or omissions in postings, for links embedded in messages or for any results from the use of the information contained in the Forums. Under no circumstances will we or our parents, subsidiaries, affiliates, suppliers or agents be liable for any loss or damage caused by any reliance on the information in the Forums or your use of the Forums. You understand that any information posted in any Forum is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. We have no obligation to monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums. However, you acknowledge and agree that we have the right to monitor the Forums and the postings and other materials you and the other players transmit and post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.
	B.3.3 Item Mall / Cash items.
	While playing our games, you will have the opportunity to visit our online store (“Item Mall”) and use online “cash” (“K-Chings”) to license a variety of virtual items (“Cash Items”), which can be used while playing various games. In order to obtain K-Chings (KOG Games virtual currency), you may be required to provide us or another payment service designated by us (e.g., PayPal) with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). For each “real world” U.S. Dollar that you authorize us to charge to your credit card, you will be awarded one hundred (100) units of K-Chings; provided, however, that we reserve the right in our sole discretion at any time to change the number of units you will be entitled to for each “real world” U.S. Dollar. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE ITEM MALL AND/OR THE DISCONTINUATION OF THE SERVICE. K-CHINGS ARE NON-REFUNDABLE AND EXPIRE WITHIN ONE YEAR OF THE PURCHASE DATE. You may also be awarded points (“Game Points”) for use in the item mall or through certain of our promoted events. These Game Points have no “real world” value, but may be exchanged by you for designated Cash Items in the item mall. Certain Cash Items have an expiration date, while others have no expiration date (“Lifetime Items”). Each Cash Item that you obtain using K-Ching or Game Points will be included in your Account until the earlier of that Cash Item’s expiration date (if it is not a Lifetime Item), your Account expiration or termination date, or such date when the Service ends. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR CASH ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE CASH ITEMS. We have no liability for “hacking” or loss of your Cash Items from your Account, provided we will use reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any Cash Item or any experience lost due to your violations of this and any other Company rules, policies, notices and/or agreements. You understand that any credit card transaction-related information will be treated by the Company in the manner described herein and in our Privacy Policy, and, as applicable, in the manner described in the privacy policy of any third-party payment service that we choose to use. You agree that all information that you provide to the Company or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges incurred by you (or your child, if applicable) resulting from your use of the Service at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any Cash Item and/or to refuse to provide you with any Cash item. Verification of certain information applicable to a transaction involving a Cash Item may be required prior to our acceptance thereof. Price and availability of the Cash Items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the Cash Items, or any other content or information included in the Service, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites or in return for anything of value (including “real” money) or otherwise.
B.4 Hardware and Software Access.
You hereby acknowledge that:
	B.4.1 The Company has the right to obtain certain information about your computer or software, including, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification. The company may do this without any notification to you. The information you provide to us will be used for internal purposes to maintain the Account.
	B.4.2 The Company has the right to obtain, without notification to you, non-personal information from your connection to the Service or Site for demographic purposes.
	B.4.3 The Company has the right to obtain, without notification to you, information from your computer or software, your computer’s RAM, video card, CPU, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use “hacks” and/or “cheats” to gain advantage over other users.

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 my.koggames.com/support.

D. LINKS.

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.

F.3 With any content you provide or create using the Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable right throughout the world to exercise all copyright, publicity, and other rights you have in the content in any media known now or in the future. Such rights include, without limitation, all rights you have in use, distribution, reproduction, modification, adaptation, creation of derivative works, translation, public performance and public display of the content. You also hereby waive any moral rights you may have in such content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use. We reserve the right to remove or modify any content you provide to us or otherwise post on the Site at our sole discretion and without prior notice or any liability to you. You represent, warrant and agree that none of the content you provide to or create using the Service violates any third party’s intellectual property or other rights or is subject to any obligation, whether of confidentiality, attribution or otherwise, we will not be liable for any use or disclosure thereof.

F.4 Software.

You are entitled to use or download the Software upon your acceptance of the terms and conditions of our Terms of Use Agreement.

G. ACCESS & USE BY MINORS.

Pursuant to 47 U.S.C. Section 230(d), we are notifying you that parental control protections are available that may assist you in limiting access to material that is harmful to minors. Please visit the following for more information: http://www.netparents.org/parentstips/browsers.html.

H. PRIVACY/SECURITY.

You may not use the Service without consenting to the terms and conditions of the Privacy Policy. Without limiting the foregoing, you understand that we do not guarantee that your use of the Service and/or the information contained in your Account will be private or secure, and we are not responsible or liable for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures

I. SERVICE INTERRUPTIONS.

We make no representation that materials available on or through the Service, including, without limitation, the Software and the games, are appropriate or available for use in all locations. Those who choose to access and/or use the Service do so on their own initiative and at their own risk, and are responsible for compliance with local laws. The Software is subject to United States export controls as set forth in the Terms of Use Agreement. We reserve the right to limit, suspend, interrupt or terminate the availability of the Service, in whole or in part, to you and any other user or person, geographic area or jurisdiction, at any time and in our sole discretion. You acknowledge and agree that interruptions, delays and disruptions of the Service may occur and that the Company has no control over third party servers, systems and/or networks which may be utilized in connection with the functioning of the Service. The Company hereby disclaims all liabilities with respect to all interruptions, delays and disruptions of the Service.

J. TERMINATION AND DISCONTINUATION.

J.1 This Agreement shall remain effective until termination by either the company or the user, or upon a discontinuation of our Services at any time for any reason. If you wish to terminate your Account, you may do so by contacting our customer service department at my.koggames.com/support. Upon our acceptance of your request, your Account will be terminated. We reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement if you violate the terms and conditions of: (i) this Agreement, (ii) the Terms of Use Agreement, and/or (iii) any of the Game Rules and Policies. We also reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement in our reasonable discretion.

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.

K. DISCLAIMERS.

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.

M. INDEMNIFICATION.

As a condition of your access to and use of the Service and/or Site, you agree to indemnify, defend and hold the Company, our parents, affiliates, subsidiaries, independent contractors, licensors, suppliers, advertisers, partners, sub licensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) your access to and use of the Service and/or Site and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the Service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of this Agreement, the Privacy Policy, any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the Service and/or Site; (iv) the Company’s resolution (if any) of any dispute you have or claim to have with one or more users of the Service and/or Site; (v) your improper authorization for the Company to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that the Company disclose your personal information and other information collected as set forth in our Privacy Policy).

N. QUESTIONS/COMMENTS.

If you have any questions, comments or complaints regarding this Agreement or the Service, please contact our customer service department at my.koggames.com/support. 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-Chings, 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 a program, which shall be due and payable immediately upon notification to you of said infraction.

Q. MISCELLANEOUS.

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 sublicensable 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.