TERMS OF SERVICE
Last update: 21st of May 2018.
1.1. GRANT OF A LIMITED LICENSE TO USE THE SERVICE
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Koukoi policies, Koukoi grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment, networking, task management and social purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
- You shall restrict use by minors, and you will deny access to children under the age of 17 or under. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
- To the extent we request your consent for the processing of the personal data you must be at least 16 years old. If you are below 16 years old, you represent and warrant that you have your legal guardian’s consent to play the game.
- You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Koukoi, or previously been banned from using any Koukoi application or game.
- You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
- You are responsible for making all arrangements necessary for you to have access to the Service.
You are responsible for ensuring that all persons who access the Service through your account, internet connection, hardware or device are aware of these Terms of Service and comply with them.
LOGIN INFORMATION AND YOUR ACCOUNT
Koukoi 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. Koukoi have the right to disable any user name, password or other identifier, whether chosen by you or provided by Koukoi, at any time in its sole discretion for any or no reason, including if, in Koukoi’s opinion, you have violated any provision of these Terms of Service.
The Service supports only one Account per application or game on a supported device. You may download/install a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Service and by a specific end user license agreement for such applications, if there should be such end user license agreement available. Your computer or other devicy may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. If we provide social media features with certain content, you may take such actions as are enabled by such features.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that Koukoi deems to be in conflict with the spirit or intent of the Service or make improper use of Koukoi’s support services.
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Koukoi Game or Application or any Koukoi game or application experience or without Koukoi’s express written consent, modify or cause to be modified any files that are a part of the Service or any Koukoi game or application.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Koukoi game or application environment.
- Institute, assist, or become involved in any type of attack, including without limitation 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.
- 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 Koukoi, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Koukoi employees, including Koukoi’s customer service representatives.
- 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 (or attempt to impersonate) any other person, including without limitation a Koukoi employee and Koukoi (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Koukoi game or application, or to obtain any information from the Service or any Koukoi game or application using any method not expressly permitted by Koukoi.
- Solicit or attempt to solicit personal information from other users of the Service or any Koukoi game or application or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
- Sell or transfer any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items prohibited by applicable law to possess or distribute, that would violate applicable law if distributed, or that would result in infringement or violation of another person’s rights if distributed through the Service.
- Modify any copies of any materials from the Service.
- Use any illustrations, photograps, video or audio sequences or any graphics separately from the accompanying text.
- You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
- In any way that violates any applicable local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Service.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Koukoi or users of the Service or expose them to liability.
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
- Use any robot, spider or automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without Koukoi’s prior written consent.
- Use any device, software or routine that interferes with the proper working of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
- Attach the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Service.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the service will cease immediately and you must, at Koukoi’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Koukoi. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark or other laws. Koukoi reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Koukoi reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
WITHOUT LIMITING ANY OTHER REMEDIES, KOUKOI MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO KOUKOI SERVICES OR PORTIONS THEREOF IF YOU ARE, OR KOUKOI SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND KOUKOI IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES OR APPLICATIONS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
KOUKOI RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Koukoi reserves the right to stop offering and/or supporting the Service or a particular game or application or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Koukoi shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by contacting our support team at email@example.com and informing Koukoi that you wish to terminate your Account.
2.1. GAMES, APPLICATIONS AND SERVICE
All rights, title and interest in and to the Service (including without limitation any games, applications, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, features, functionalities, recordings of games played or applications used using a Koukoi game or application client, and the Koukoi game or application clients and server software) are owned by Koukoi, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Koukoi reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games, applications and the Service.
The Koukoi name, the terms “Koukoi Games” and “Crashing Season”, “Crashing Season: Run”, “Dawn of Strikers”, the Koukoi’s logos, and all related names, logos, product and service names, designs and slogans are trademarks of Koukoi or its affiliates or licensors. You must not use such marks without the prior written permission of Koukoi. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF KOUKOI.
2.3. VIRTUAL ITEMS
Koukoi owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Koukoi games or applications. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Koukoi game or application, whether earned in a game or application or purchased from Koukoi, or any other attributes associated with an Account or stored on the Service.
2.4. USER CONTENT
3. USER CONTENT
3.1. CONTENT, CONTENT SCREENING & USER CONTRIBUTIONS
Koukoi assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations or violates laws. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Koukoi chooses, in its sole discretion, to monitor the Service, Koukoi nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
Koukoi also have right to, in its sole discretion, if at any time Koukoi chooses to monitor the Service:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that it deem necessary or appropriate in its sole discretion, including if Koukoi believe that such User Content violates the Terms of Service, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Koukoi.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
- Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, Koukoi has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Koukoi to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS KOUKOI AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KOUKOI/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KOUKOI/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, Koukoi cannot undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Koukoi assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Koukoi has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe that any User Content violate your copyright, or that any material residing on or linked to from the website infringes your copyright, please send Koukoi a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Koukoi to locate the material on the website (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Koukoi to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. For notification of claimed infringement, Koukoi can be reached as follows: Koukoi Games Oy, Attn: Legal, Valtatie 67, 90500 Oulu, Finland.
The information presented on or through the Service is made available solely for general information purposes. Koukoi do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Koukoi disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
The Service may include content provided by third parties, including materials provided by advertisers, other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Koukoi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Koukoi. Koukoi is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties
3.2. INFORMATION USE BY OTHER MEMBERS OF THE SERVICE
3.2.1. PUBLIC DISCOURSE
The Service may include various forums, blogs, chat features, message boards, chat rooms, personal web pages or profiles, bulletin boards and other interactive features where you can post, submit, publish or display or transmit other users or other persons content or materials User Content, including your observations and comments on designated topics, on or through the Service. Koukoi cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Koukoi shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. RESPONSIBLE FOR YOUR OWN CONTENT
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Koukoi may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Koukoi violates these Terms of Service.
All User Content must comply with the content standards set out in these Terms of Service. Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Service, you grant Koukoi and its affiliates and service providers, and each of their and Koukoi’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above/below to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. You represent and warrant that all of your User Content do and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Koukoi, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Koukoi is not responsible, or liable to any third party or you, for the content or accuracy of any User Content posted by you or any other user of the Service.
These content standards apply to any and all User Content and use of interactive services. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You hereby grant to Koukoi an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Koukoi the right to authorize others to exercise any of the rights granted to Koukoi under these Terms of Service. You further hereby grant to Koukoi the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Koukoi does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Koukoi has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4. USER INTERACTIONS, LINKING TO THE SERVICE & SOCIAL MEDIA FEATURES
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Koukoi games or applications. Koukoi reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Koukoi to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Koukoi access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You may link to Koukoi homepage, provided you do so in a way that is fair and legal and does not damage Koukoi’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Koukoi’s part without Koukoi’s express written consent.
The Service may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Service.
- Send e-mails or other communications with certain content, or links to certain content, on the Service.
- Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Koukoi, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions Koukoi provides with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Service other than the homepage.
- Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms of Service.
You agree to cooperate with Koukoi in causing any unauthorized framing or linking immediately to cease. Koukoi reserves the right to withdraw linking permission without notice. Koukoi may disable all or any social media features and any links at any time without notice in its discretion.
4. FEES AND PURCHASE TERMS
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual nuts or diamonds, all for use in Koukoi games or applications; (b) “virtual in-game items or themes” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.
Koukoi may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Koukoi shall have no liability to you or any third party in the event that Koukoi exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Koukoi, another user or any third party.
You agree that a third party (e.g. Apple or Google) will process and accept your orders and payments and therefore Koukoi does not have possibilities to process or manage possible refund requests or any other requests or questions relating to your payments or orders. Therefore, if you may have any refund requests or any other questions or requests relating to your orders or payments, Koukoi encourages you to directly contact the party, who has given you an order receipt or similar confirmation letter and hence is the party processing your orders and payments.
The provision of Virtual Items for use in Koukoi games or applications is a service provided by Koukoi that commences immediately upon acceptance by Koukoi of your purchase.
Koukoi owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Koukoi’s games and applications. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Koukoi’s game and application, whether earned in a game or in a application or purchased from Koukoi, or any other attributes associated with an Account or stored on the Service.
4.2. PAYMENT OF FEES
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you are a legal guardian, you are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors on the Service. Koukoi may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT KOUKOI IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
5. UPDATES TO THE SERVICE & LINKS FROM THE SERVICE
We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. You understand that the Service is an evolving one and its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and Koukoi is under no obligation to update such material. Koukoi may require that you accept updates to the Service and to Koukoi’s games or applications you have installed on your computer(s), tablet(s), mobile phone(s) or any other device(s). You acknowledge and agree that Koukoi may update the Service and Koukoi games or applications, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Koukoi’s Games or use Koukoi’s Applications. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service (including any website or any game/app), including to registered users.
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Koukoi has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
6. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING KOUKOI’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. KOUKOI DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE APPLICATION OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH KOUKOI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, NEITHER KOUKOI NOR ANYONE ASSOCIATED WITH KOUKOI REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
IN NO EVENT WILL THE KOUKOI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. KOUKOI SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KOUKOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KOUKOI SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO KOUKOI IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO KOUKOI DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND KOUKOI’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH KOUKOI IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
You understand that Koukoi cannot and do not guarantee or warrant that files available for downloading from the Internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. KOUKOI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Koukoi may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Koukoi’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF KOUKOI.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to indemnify, defend and hold Koukoi, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and others harmless from any claim, demand, damages, liabilities, judgements, awards, costs, expenses, fees or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. DISPUTE RESOLUTION AND LAW
10. GENERAL PROVISIONS
10.2. SUPPLEMENTAL POLICIES
Koukoi may publish additional policies related to specific services such as forums, blogs, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. ENTIRE AGREEMENT
10.4. NO WAIVER AND SEVERABILITY
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Koukoi shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Koukoi.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
10.6. EQUITABLE REMEDIES
You acknowledge that the rights granted and obligations made under these Terms of Service to Koukoi are of a unique and irreplaceable nature, the loss of which shall irreparably harm Koukoi and which cannot be replaced by monetary damages alone so that Koukoi shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Koukoi game or application, 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, limited by Section 7 (if any).
10.7. FORCE MAJEURE
Koukoi shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Koukoi, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Koukoi’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.