TERMS OF SERVICE

KOUKOI GAMES

Last update: 21st of May 2018.

The terms of this agreement (“Terms of Service”) govern the relationship between you and Koukoi Games Oy (Koukoi Games Ltd) and its affiliates (hereinafter “Koukoi” or “Us” or “We”) regarding your use of any of Koukoi’s applications, licensed content (including all forms), games, websites, social media channels and related services (whether as a guest or a registered user) (the “Service”). Use of the Service is also governed by Koukoi’s Privacy Policy (“Privacy Policy”), which is incorporated herein by reference.

Before accessing or using the Service, including browsing any Koukoi website or accessing a game or an application, you must read and agree to these Terms of Service and the Koukoi Privacy Policy. You may also be required to register an account on the Service (an “Account”). Subject to the laws of your country of residence, minor children may utilize an account established by their parent or legal guardian with the approval of their parent or legal guardian. In your capacity as a parent or legal guardian, in the event that you provide your approval to allow your minor child to use an account on the Service, you hereby agree to this Terms of Service and our Privacy Policy on behalf of yourself and your minor child, and you represent and warrant that you will be responsible for all uses of the account by your minor child whether or not such uses were authorized by you, including, but not limited to, your minor child’s acceptance of these Terms of Service or any Game-specific terms and conditions. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors vis-à-vis the Service. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, Twitter and/or Google+, or from digital distribution service, such as Google Play or Apple Store, you shall comply with its terms of service and/or use as well as these Terms of Service and our Privacy Policy.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OUR PRIVACY POLICY, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Koukoi reserves the right, at its discretion, to change, revise, modify, add, update or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Koukoi Service. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. You will be deemed to have accepted such changes by continuing to use the Service. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Koukoi Privacy Policy, or any other Koukoi policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service. Ac­cess to the Ser­vice may not be legal by cer­tain per­sons or in cer­tain coun­tries. If you ac­cess the Ser­vice from out­side the Eu­ro­pean Union, you do so on your own ini­tia­tive and are re­spon­si­ble for com­pli­ance with local laws.

The Terms of Ser­vice and Koukoi Privacy Policy con­sti­tute the sole and en­tire agree­ment be­tween you and Koukoi with re­spect to the Ser­vice and su­per­sede all prior and con­tem­po­ra­ne­ous un­der­stand­ings, agree­ments, rep­re­sen­ta­tions and war­ranties, both writ­ten and oral, with re­spect to the Ser­vice.

 

1. LICENSE

 

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

During the Account creation process, you might be required to select a password and provide certain login information (“Login Information”) along with other details to be filled in. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by Koukoi Privacy Policy, and you consent to all actions we take with respect to your information conssistent with Koukoi Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of the security procedures, you must treat such information as confidential, and you must not discllose it to any other person or entity. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Koukoi and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer (including possible use of a public Internet connections) or that others are not able to view or record your Account or Login Information or any other personal information. You are responsible for anything that happens through 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.

 

LICENSE LIMITATIONS

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 support@koukoi.com and informing Koukoi that you wish to terminate your Account.

 

2. OWNERSHIP

 

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.

 

2.2. ACCOUNTS

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

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Koukoi game or application client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Koukoi in accordance with its Privacy Policy. Koukoi reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

 

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.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and Koukoi Privacy Policy.
  • 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.

 

3.3. LICENSE

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

 

4.1. PURCHASES

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

 

If a dispute arises between you and Koukoi, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support at support@koukoi.com. You agree that all disputes between you and Koukoi shall be governed by the laws of Finland, without regard to conflict of law provisions. All mat­ters re­lat­ing to the Ser­vice, these Terms of Ser­vice or the Privacy Policy and any dis­pute or claim aris­ing there­from or re­lated thereto (in each case, in­clud­ing non-con­trac­tual dis­putes or claims), shall be gov­erned by and con­strued in ac­cor­dance with the laws of Fin­land with­out giv­ing ef­fect to any choice or con­flict of law pro­vi­sion or rule (in­clud­ing United Na­tions Con­ven­tion on Con­tracts for the In­ter­na­tional Sale of Goods). You also give up your possible right, in case when applied, to participate in a class action or other class proceeding. You agree that any claim or dispute you may have against Koukoi must be settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The arbitration shall be conducted in Finnish in Oulu, Finland.

 

9. SEVERABILITY

 

You and Koukoi agree that if any portion of these Terms of Service or of the Koukoi Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

 

10. GENERAL PROVISIONS

 

10.1. ASSIGNMENT

Koukoi may assign or delegate these Terms of Service and/or the Koukoi Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Koukoi’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

 

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

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Koukoi Privacy Policy), contain the entire understanding of you and Koukoi, 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.

 

10.4. NO WAIVER AND SEVERABILITY

The failure of Koukoi to require or enforce strict performance by you of any provision of these Terms of Service or the Koukoi Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Koukoi’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Koukoi of any provision, condition, or requirement of these Terms of Service or the Koukoi Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

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.

 

10.5. NOTICES

We may notify you via postings on www.koukoi.com, www.crashingseason.com, or www.dawnofstrikers.com and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Koukoi Privacy Policy shall be in writing and addressed to: Koukoi Games Oy, Valtatie 67, FI-90500 Oulu, Finland. Any notices that you provide without compliance with this Section on Notices shall have no legal 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.

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