Terms of Service
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AS A USER OF PRODUCTS AND SERVICES OF KINGS HEAD GAMES, LLC. ("KHG").
1. GOVERNING AGREEMENT
2. LICENSE AND USE
2.1. Grant of Limited License
2.2. License Restrictions
The license granted to you and your use of the Service is subject to certain restrictions. Any use of the Service in violation of the following restrictions is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 2.1, and may subject you to liability for violations of law.
2.2.1. Illegal or Abusive Use
- You shall not engage in any act that KHG deems to be in conflict with the spirit or intent of the Service, including, but not limited to, circumventing or manipulating these Terms, our game rules, game mechanics, or policies;
- You shall not use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation;
- You shall not use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third party software designed to modify or interfere with the Service or any KHG game experience;
- You shall not use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods, or any other unauthorized third party software designed to modify or interfere with the Service or any KHG game experience;
- You shall not modify or cause to be modified any files that are a part of the Service in a manner unrelated to the normal, expected user experience;
- You shall not disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any KHG product; or (2) the enjoyment of the Service or any KHG product by any other person; and
- You shall not institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
2.2.2. Commercial Activity
- You shall only use your Account for non-commercial purposes;
- You shall not, in whole or in part, (1) modify or create any derivative work of the Service; or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, or structure of any part of the Service;
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements;
- You shall not transmit unauthorized communications through the Service, including chain letters, junk e-mail, repetitive messages, or any materials that promote malware, spyware, or downloadable items;
- You shall not use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
- You shall not sublicense, rent, lease, sell, trade, gift, or otherwise transfer your Account or any data associated with your Account to anyone without KHG's written permission; and
- n. You shall not access or use an Account or related data that have been sublicensed, rented, leased, sold, traded, gifted, or otherwise transferred from the original Account creator without KHG's permission;
2.2.3. Offensive or Infringing Content
- You shall not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- You shall not post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- You shall not attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including KHG employees and customer service representatives; and
- You shall not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
2.2.4. Unauthorized Use or Connection to the Service
- You shall not attempt to gain unauthorized access to the Service, Accounts registered to others, or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by KHG;
- You shall not interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
- You shall not use any unauthorized third party software that accesses, intercepts, mines, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about KHG game characters, elements, or environment. KHG may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- You shall not intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer, or other device;
- You shall not make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- You shall not bypass any measures we employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data; and
- You shall not use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by KHG;
2.2.5. Improper User
- You shall not create an Account or access the Service if you are under the age of 13;
- You shall monitor your Account to ensure that no children under the age of 13 use or access the Service through your Account. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account, including any purchases made by minors;
- You shall not create an Account or use the Service if you are a convicted sex offender; and
- You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
2.3. Account Information
- You shall not share the Account Information, let anyone else access your Account, or do anything else that might compromise the security of your Account;
- If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Account Information, you must immediately notify KHG and modify your Account Information;
- You are solely responsible for maintaining the confidentiality of the Account Information, and you will be responsible for all uses of the Account Information, including purchases, whether or not authorized by you; and
- You are responsible for anything that happens through your Account.
2.4. Suspension and Termination of Account and Service
You have the right to terminate or cancel your Account at any time by contacting support at http://www.kingsheadgames.com/support.html.
Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete your Account or access to the Service (or any portion thereof) at any time if we have reason to suspect you are failing to comply with any of the Terms, with or without notice to you. If we terminate your Account, you may lose your username as well as any benefits, privileges, earned and purchased items, or any other content associated with your Account, and we are under no obligation to compensate you for any such losses or results.
In the event of termination, no online content or credits will be provided to you or reimbursed, and you will have no further access to your Account or anything within the Service associated with it (including all in-game virtual currency or in-game items or points). Under no circumstances shall KHG be responsible for storing any such Account and other information following suspension, termination, modification, or deletion of your Account or access to the Service.
KHG reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, KHG shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Service.
3. OWNERSHIP / INTELLECTUAL PROPERTY
All materials that are part of the Service (including, but not limited to, games, designs, text, graphics, pictures, animations, video, information, computer code, music, sound, and other files, and their selection and arrangement) are copyrighted works owned by KHG. KHG reserves all intellectual property rights and other proprietary rights in connection with the Service.
You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to the Account are and shall be owned solely and exclusively by KHG. KHG reserves the right to remove or reclaim any usernames at any time and for any reason.
3.3. Virtual Items
While using the Service, you may have the opportunity to "earn," "buy," or "purchase" (a) virtual currency, including, but not limited to, virtual "gold" and "pops," all for use only in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"). However, you acknowledge that you do not acquire any real-world ownership interest whatsoever in any such items. Any Virtual Items shown in your Account do not constitute a real-world balance or reflect any stored value, but instead constitute a measurement of the extent of your license. The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of your direct payment.
4. USER CONTENT AND INTERACTIONS
You understand and agree that any content you create, modify, or transmit through the Service may not be distributed, sold, transferred, or licensed in any country, or on any social network or other medium without the explicit written permission of KHG. Any data, text, graphics, and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by KHG.
Text and graphics transmitted by you are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and KHG is not responsible for any files users upload, post, or otherwise make available. KHG may or may not regulate User Content and does not guarantee the quality, appropriateness, or integrity of any User Content posted via the KHG application. By using KHG you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that KHG will not under any circumstances be liable for any User Content, including, but not limited to, any loss or damage incurred by use of the User Content. KHG reserves the right to remove and permanently delete any User Content from the Service with or without notice.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF ANY PART OF THE SERVICE IS SOLELY AT YOUR RISK. THE SERVICE AND ANY THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. KHG PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
6. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KHG OR ITS LICENSORS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL KHG, ITS LICENSORS, OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION, OR CONTENT ON THE SERVICE OR USE OF THE APPLICATION. MOREOVER, IN NO CASE SHALL KHG'S OR ITS LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "KHG AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO KHG FOR THE SERVICE. FURTHERMORE, IN NO CASE SHALL KHG OR KHG AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, THE APPLICATION, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR MEMBERSHIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT KHG OR ANY KHG AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KHG AND THEIR AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. KHG DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to defend, indemnify, and hold harmless KHG and its licensors, affiliates, employees, officers, directors, contractors, agents, and third party partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. KHG reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with KHG's defense of the subject claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The obligations set forth herein shall survive termination of these Terms.
8. DISPUTE RESOLUTION
If you are a resident of the United States, these Terms and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against KHG must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
You are solely responsible for your interactions with other users of the Service. If you have a dispute with one or more users of the Service, you release us (and its licensors, affiliates, employees, officers, directors, contractors, agents, and third party partners) from claims, demands, and damages of every kind and nature, known or unknown, arising out of or in connection with such disputes. If you are a California resident, you waive the rights afforded to you under California Civil Code §1542.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, such dispute shall be finally settled in San Francisco County, California using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect . Each party shall be responsible for its share of the arbitration fees in accordance with the applicable arbitration rules. The arbitrator's decision shall be final and legally binding, and judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11. GENERAL PROVISIONS
These Terms, any supplemental policies, and any documents expressly incorporated by reference herein contain the entire understanding of you and KHG, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy, or precedent, between you and us with respect to the Service.
Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by KHG shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of KHG.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any KHG product, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.
12. COPYRIGHT DISPUTE POLICY.
KHG has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of KHG's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is KHG's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that KHG is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is KHG's policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that KHG will terminate such content provider's, member's or user's access to the Services.
- Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which KHG is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, KHG may send a copy of the counter-notice to the original complaining party informing that person that KHG may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at KHG's discretion.
Please contact KHG's Designated Agent to Receive Notification of Claimed Infringement at the following address:
13. APPLE DEVICE AND APPLICATION TERMS.
In the event you are using the Services in connection with a device provided by Apple, Inc. ("Apple") or a KHG application obtained through the Apple App Store (collectively, such uses are henceforth the "Application"), the following shall apply:
- Both you and KHG acknowledge that this Agreement is concluded between you and KHG only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that KHG, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, KHG, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and KHG acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and KHG acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.