Terms of Service
NOTE: THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING” OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES BASED ON THE OUTCOME OF PLAY.
PLEASE READ THE FOLLOWING Terms of Service AND THE KINGPLAY PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY KINGPLAY SERVICE OR SITE (AS DEFINED BELOW). PLEASE NOTE THAT THESE Terms of Service INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED "BINDING ARBITRATION."
Acceptance of Terms
These Terms of Service constitute a legal agreement that governs your relationship with KINGPLAY and its affiliated companies (collectively referred to as "KINGPLAY" or "We" or “us”) regarding your use of KINGPLAY's social games and related services, which include applications for mobile devices and KINGPLAY-branded Web sites (the “Services"). These Terms of Service apply to any Services provided by or Site operated by KINGPLAY, including, without limitation, the games located at www.KINGPLAY.net or any other sites on which these Terms of Service are posted, and/or where any KINGPLAY application, Services, or product is licensed, downloaded or otherwise accessed through third party sites or sources (in each case, the “Site”).
By registering with, using or otherwise accessing the Services, including browsing the Site, accessing the Services with a mobile device or installing software obtained from the Site, you acknowledge that you have read, understood, accepted and agreed to be bound by these Terms of Service and any other terms and conditions referenced and incorporated herein, including, without limitation, the Privacy Policy referenced herein ("Privacy Policy"). If you do not accept these Terms of Service and the Privacy Policy, you are not authorized to use the Services.
We may modify these Terms of Service and the Privacy Policy at any time and such modification will be effective upon the date the modified Terms of Service and Privacy Policy are posted to the Site. You are responsible for reviewing these Terms of Service and Privacy Policy for modifications prior to accessing, using or downloading the Services. By your continued use of the Services, you acknowledge and agree that you shall be bound by any such modifications. If you do not wish to be bound by the modified Terms of Service and Privacy Policy, you must cease use of the Services.
Privacy
A link to the KINGPLAY Privacy Policy is provided HERE. The Privacy Policy governs any personal information you provide to us. By using the Services or accessing the Site you agree to the terms of the Privacy Policy.
Right to Use and Limitations on Use
Subject to your agreement and continued compliance with the Terms of Service and Privacy Policy, KINGPLAY grants you a non-exclusive, non-transferable, revocable limited right to access and use the Services through a supported Web browser or mobile device solely for your own non-commercial, entertainment purposes.
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms of Service. You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you will not:
1. Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services.
2. Restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks;
3. Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud KINGPLAY or any third party or take any other action which otherwise violates these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Services are accessed;
4. Attempt to obtain passwords or other private information from other users of the Services including personally identifiable information;
5. Use the Services if you have previously been removed or banned by KINGPLAY;
6. Develop, distribute or use any software programs or other applications that allow the user to cheat or obtain an unintended advantage while using the Services;
7. Exploit or distribute any game error or technical glitch that provides an unintended advantage to a user, including but not limited to accessing one time promotions more than once;
8. Transfer, sell, or re-sell Virtual Currency or Virtual Goods (as defined below), to other individuals, parties, or entities, or fraudulently acquire Virtual Currency or Virtual Goods;
9. Rent, lease, sell, trade, or otherwise transfer or share your account to or with anyone without KINGPLAY ‘s written permission;
10. Access or use an account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without KINGPLAY’s written permission;
11. Use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
12. Attempt to use the Services on or through any Web site or service that is not authorized by KINGPLAY
Age
The Services are intended for those 21 years of age. Without diminishing the foregoing, to create an account, access or participate in the Services, you must be a natural person, at least 21 years old, and if you are under the age of 21 you declare that you have the consent of a legal guardian who has reviewed and agreed to these Terms of Service. Failure to comply with this condition will result in the closing of your account and the loss of all Virtual Currency or Virtual Goods acquired through your use of the Services to the extent legally permissible.
Access; User Names and Passwords
You may log in to use the Services by using your Facebook account. By using your Facebook account to log in to the Services, you affirmatively consent to our sharing of your actions and data with Facebook. You must have a valid, active Facebook account to use and access the Services.
If you are accessing the Services from a mobile device, you will also need to have an account. You are solely responsible for any such account, and with your compliance with any agreement you may enter with respect to such account. You may need to update third-party software, such as your operating system, from time to time to access the Services. We are not responsible in any way for such third-party software. You are responsible for the device you use to access the Services and the fees to connect to the Internet and application marketplaces or for data or cellular usage to download and use the Services.
You are responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your password or user login information ("User Name"), or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occurs in connection with your password or User Name. You agree to immediately notify us of any unauthorized use of your password or User Name or any other breach of security related to your account or the Services, and to ensure that you "log off" or exit from your account with the Services (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations, and you agree to indemnify and hold KINGPLAY harmless for any improper or illegal use of any of your KINGPLAY account(s). This includes illegal or improper use by someone to whom you have given permission to use your account(s) or whom you have negligently allowed to access your account(s).
You further represent and warrant that all information you supply to KINGPLAY is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of your participation and forfeiture of any Virtual Currency and Virtual Goods to which you are otherwise entitled, at KINGPLAY 's sole discretion, to the extent legally permissible.
Virtual Currency
The Services may include a virtual, in-game currency ("Virtual Currency") including, but not limited to chips, coins, cash, credits, or points, that may be purchased through the Services for "real world" money if you are legally permitted to purchase such Virtual Currency in your country, province, jurisdiction and/or state of residence. The Services may also include virtual, in-game digital items ("Virtual Goods") that may be purchased through the Services for "real world" money (if you are legally permitted to purchase such Virtual Goods in your country, province, jurisdiction and/or state of residence) or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from KINGPLAY or any other party. Prices and availability of Virtual Currency and/or Virtual Goods are subject to change without notice. Virtual Currency and/or Virtual Goods may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Virtual Currency and/or Virtual Goods for any reason. Virtual Currency and Virtual Goods may only be held by legal residents of jurisdictions where access to and use of the Services are permitted. Virtual Currency and Virtual Goods may only be purchased or acquired through means specifically authorized by KINGPLAY. When you purchase Virtual Currency, it will reside in your KINGPLAY account until discharged through use of the Services or otherwise surrendered as a result of termination of the Services in accordance with these Terms of Service. In certain circumstances and to facilitate offline play, your Virtual Currency may be stored on your mobile device, and in such instance such Virtual Currency cannot be used from any other source. Virtual Currency stored on a mobile device cannot be transferred to another device.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency with the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. KINGPLAY has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion to the extent legally permissible, and KINGPLAY shall have no liability to you or anyone for the exercise of such rights. In addition to the foregoing, KINGPLAY may selectively remove or revoke Virtual Currency and/or Virtual Goods associated with your account.
The transfer of Virtual Currency and Virtual Goods is strictly prohibited. Any attempt to do so is in violation of these Terms of Service and may result in a lifetime ban from the Services and possible legal action.
You understand and agree that all sales of Virtual Currency and Virtual Goods are final and that KINGPLAY is not required to provide a refund for any reason. All Virtual Currency and Virtual Goods are forfeited if your account is terminated or suspended for any reason, in KINGPLAY's sole and absolute discretion, or if the Services are no longer available. To the extent legally permissible, if your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Virtual Currency and/or Virtual Goods are selectively removed or revoked from your account, no refund will be granted, no Virtual Currency and/or Virtual Goods will be credited to you or converted to cash or other forms of reimbursement.
Intellectual Property Ownership
KINGPLAY and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the "Content"). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any other purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark ("Trademarks") used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.
Any communications or materials you transmit to KINGPLAY by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. KINGPLAY is free to use, reproduce, modify, disclose, transmit or post any ideas, concepts, know-how or techniques contained in any communication you send to KINGPLAY for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any compensation to you or acknowledgment that you were the source of such materials.
User Information and Content
By participating on the Site, you agree that the Site (a) may display your name, picture, profile and game records on the Site, and (b) may print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without compensation.. You agree that you are solely responsible for any content, location information, messages, posts, comments, data, text, images, photographs, videos or other materials that you transmit through the Services ("User Content"). By submitting, transmitting, posting, uploading, or otherwise providing any User Content in connection with the Services, you are granting KINGPLAY a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all user Content for any purpose, including, without limitation, advertising and promotional purposes. No credit, approval or compensation is due to you for any such use of the User Content you may submit.
KINGPLAY reserves the right (but at no time be obligated to), in its sole discretion, remove, block, edit move, disable or permanently delete User Content with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, KINGPLAY shall at no time be liable for the removal, modification, blocking, moving or deletion of User Content.
You further represent and warrant that you own or otherwise control any and all rights in and to the User Content and that public posting of the User Content by KINGPLAY will not infringe or violate the rights of any third party in any manner. You also agree that the User Content shall not include any personal identification, such as email addresses, or other indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. Further, the User Content shall not include any of the following:
1. comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
2. comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
3. comments or other materials that harass or advocate the harassment of another person;
4. comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
5. comments or other materials that are false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
6. comments or other materials that infringe any party's trademark, trade secret, copyright or other proprietary rights.
You acknowledge that we are not responsible for any User Content posted in connection any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms of Service. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.
We reserve the right, but not the obligation, to monitor and delete any User Content deemed inconsistent with our policies in our discretion. We also reserve the right to terminate the account of any user who violates any of these Terms of Service, including infringement by a user of third-party copyrighted materials, as determined in our sole discretion.
If you are aware of any User Content posted in connection with the Services that violates these Terms of Service, please contact us at [email protected] Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Infringement Claims." Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the Site or remove specific User Content.
Communication Channels
The Services may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other users of the Services. KINGPLAY is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. KINGPLAY may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by KINGPLAY, and these communications should not be considered reviewed or approved by KINGPLAY. You will be solely responsible for your activities within the Communication Channels and under no circumstances will KINGPLAY be liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. KINGPLAY is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Copyright Notice
KINGPLAY requires our users to respect the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide us with a notice. Your notice should contain the following information:
1. a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located in the Services;
4. your address, telephone number, and email address;
5. 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; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.
Before you file your notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
KINGPLAY
By email:
[email protected]
Termination
You agree that KINGPLAY, in our sole discretion, may to the extent legally permissible terminate your access to or use of the Services, at any time and for any reason, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination, your right to use some portions, if not all, of the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate or delete your account, User Name, and password (excluding your Facebook account), and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Services or to any such information or files or we will be required to make such information or files available to you after any such termination.
Limitation of Liability
BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF KINGPLAY, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF KINGPLAY AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID KINGPLAY IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
Release of Liability
To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold Released Parties harmless from and against all claims, damages, losses, liability, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, access to, or activities in connection with the Services or (b) any violation of these Terms of Service by you or through your account. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
Disclaimer of Warranties
THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Game Play
The games offered through the Services may not replicate the odds of winning or the payouts of game credits awarded of similar games found in real world. The games may also include certain products which resemble “real world” gaming products, but which have a fixed payout amount that is pre-determined by KINGPLAY in its sole discretion. The game credits awarded may also be variable over time, and we reserve the right to change them from time to time in our sole discretion. KINGPLAY may change the award percentages without notification to you.
Hacking or Tampering With the Services
You agree that KINGPLAY is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.
Disputes with Others
KINGPLAY reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with other users, you release and hereby agree to indemnify KINGPLAY 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 dispute.
Legality
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree KINGPLAY cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services. KINGPLAY makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with KINGPLAY have authority to make any such representations or warranties. KINGPLAY reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
Links to Third Party Sites
Although the Services may contain links to third party websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge that we have not reviewed all the websites linked to the Services and are not responsible for the content of any off-site pages or any other site linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.
Updates to the Services
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to the extent legally permissible: modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any content contained in the Services. Your continued use of the Services after such changes will indicate your acceptance of such changes.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Socialist Republic of Vietnam without regard to its principles of conflicts of law.
Binding Arbitration
PLEASE READ THIS "BINDING ARBITRATION" PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH KINGPLAY AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST KINGPLAY. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST KINGPLAY BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THESE Terms of Service, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.
Scope of Arbitration Provision. You and KINGPLAY agree that any dispute, claim or controversy arising out of or relating to your access to or use of any KINGPLAY Site or to these Terms of Service (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Service) (a "Dispute"), shall be determined by arbitration, except that you and KINGPLAY are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Location of Arbitration and Applicable Rules. You and KINGPLAY agree that such arbitration shall occur in Ho Chi Minh City, Vietnam. You may request to appear in such proceedings telephonically. You and KINGPLAY agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of Vietnam, as modified by these Terms of Service.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and KINGPLAY shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND KINGPLAY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND KINGPLAY ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You and KINGPLAY agree that any action, regardless of form, arising out of or related to the Services and/or these Terms of Service or Privacy Policy must commence within ONE (1) YEAR after the cause of action accrues, otherwise such action is permanently barred. Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Entire Agreement
These Terms of Service, including, without limitation, the Privacy Policy, constitute the entire agreement between you and KINGPLAY and cannot be modified by you. These Terms of Service cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with KINGPLAY. Nothing in this subsection will prevent KINGPLAY from modifying these Terms of Service.
Severability
If any portion of these Terms of Service is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions.
Local Law
These Terms of Service do not purport to supersede the laws of the jurisdiction from which you access the Site to the extent such law is deemed to be applicable to your use of the Services. KINGPLAY will comply with applicable law in all respects regarding your use of the Services. Without limiting the foregoing, we will respect all consumer protections provided by applicable law.
Headings
The headings titles in these Terms of Service are provided solely for convenience and have no legal or contractual significance.
Force Majeure
We will not be liable in any amount for failure to perform any obligation under these Terms of Service if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
PLEASE READ THE FOLLOWING Terms of Service AND THE KINGPLAY PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY KINGPLAY SERVICE OR SITE (AS DEFINED BELOW). PLEASE NOTE THAT THESE Terms of Service INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED "BINDING ARBITRATION."
Acceptance of Terms
These Terms of Service constitute a legal agreement that governs your relationship with KINGPLAY and its affiliated companies (collectively referred to as "KINGPLAY" or "We" or “us”) regarding your use of KINGPLAY's social games and related services, which include applications for mobile devices and KINGPLAY-branded Web sites (the “Services"). These Terms of Service apply to any Services provided by or Site operated by KINGPLAY, including, without limitation, the games located at www.KINGPLAY.net or any other sites on which these Terms of Service are posted, and/or where any KINGPLAY application, Services, or product is licensed, downloaded or otherwise accessed through third party sites or sources (in each case, the “Site”).
By registering with, using or otherwise accessing the Services, including browsing the Site, accessing the Services with a mobile device or installing software obtained from the Site, you acknowledge that you have read, understood, accepted and agreed to be bound by these Terms of Service and any other terms and conditions referenced and incorporated herein, including, without limitation, the Privacy Policy referenced herein ("Privacy Policy"). If you do not accept these Terms of Service and the Privacy Policy, you are not authorized to use the Services.
We may modify these Terms of Service and the Privacy Policy at any time and such modification will be effective upon the date the modified Terms of Service and Privacy Policy are posted to the Site. You are responsible for reviewing these Terms of Service and Privacy Policy for modifications prior to accessing, using or downloading the Services. By your continued use of the Services, you acknowledge and agree that you shall be bound by any such modifications. If you do not wish to be bound by the modified Terms of Service and Privacy Policy, you must cease use of the Services.
Privacy
A link to the KINGPLAY Privacy Policy is provided HERE. The Privacy Policy governs any personal information you provide to us. By using the Services or accessing the Site you agree to the terms of the Privacy Policy.
Right to Use and Limitations on Use
Subject to your agreement and continued compliance with the Terms of Service and Privacy Policy, KINGPLAY grants you a non-exclusive, non-transferable, revocable limited right to access and use the Services through a supported Web browser or mobile device solely for your own non-commercial, entertainment purposes.
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms of Service. You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you will not:
1. Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services.
2. Restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks;
3. Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud KINGPLAY or any third party or take any other action which otherwise violates these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Services are accessed;
4. Attempt to obtain passwords or other private information from other users of the Services including personally identifiable information;
5. Use the Services if you have previously been removed or banned by KINGPLAY;
6. Develop, distribute or use any software programs or other applications that allow the user to cheat or obtain an unintended advantage while using the Services;
7. Exploit or distribute any game error or technical glitch that provides an unintended advantage to a user, including but not limited to accessing one time promotions more than once;
8. Transfer, sell, or re-sell Virtual Currency or Virtual Goods (as defined below), to other individuals, parties, or entities, or fraudulently acquire Virtual Currency or Virtual Goods;
9. Rent, lease, sell, trade, or otherwise transfer or share your account to or with anyone without KINGPLAY ‘s written permission;
10. Access or use an account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without KINGPLAY’s written permission;
11. Use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
12. Attempt to use the Services on or through any Web site or service that is not authorized by KINGPLAY
Age
The Services are intended for those 21 years of age. Without diminishing the foregoing, to create an account, access or participate in the Services, you must be a natural person, at least 21 years old, and if you are under the age of 21 you declare that you have the consent of a legal guardian who has reviewed and agreed to these Terms of Service. Failure to comply with this condition will result in the closing of your account and the loss of all Virtual Currency or Virtual Goods acquired through your use of the Services to the extent legally permissible.
Access; User Names and Passwords
You may log in to use the Services by using your Facebook account. By using your Facebook account to log in to the Services, you affirmatively consent to our sharing of your actions and data with Facebook. You must have a valid, active Facebook account to use and access the Services.
If you are accessing the Services from a mobile device, you will also need to have an account. You are solely responsible for any such account, and with your compliance with any agreement you may enter with respect to such account. You may need to update third-party software, such as your operating system, from time to time to access the Services. We are not responsible in any way for such third-party software. You are responsible for the device you use to access the Services and the fees to connect to the Internet and application marketplaces or for data or cellular usage to download and use the Services.
You are responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your password or user login information ("User Name"), or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occurs in connection with your password or User Name. You agree to immediately notify us of any unauthorized use of your password or User Name or any other breach of security related to your account or the Services, and to ensure that you "log off" or exit from your account with the Services (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations, and you agree to indemnify and hold KINGPLAY harmless for any improper or illegal use of any of your KINGPLAY account(s). This includes illegal or improper use by someone to whom you have given permission to use your account(s) or whom you have negligently allowed to access your account(s).
You further represent and warrant that all information you supply to KINGPLAY is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of your participation and forfeiture of any Virtual Currency and Virtual Goods to which you are otherwise entitled, at KINGPLAY 's sole discretion, to the extent legally permissible.
Virtual Currency
The Services may include a virtual, in-game currency ("Virtual Currency") including, but not limited to chips, coins, cash, credits, or points, that may be purchased through the Services for "real world" money if you are legally permitted to purchase such Virtual Currency in your country, province, jurisdiction and/or state of residence. The Services may also include virtual, in-game digital items ("Virtual Goods") that may be purchased through the Services for "real world" money (if you are legally permitted to purchase such Virtual Goods in your country, province, jurisdiction and/or state of residence) or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from KINGPLAY or any other party. Prices and availability of Virtual Currency and/or Virtual Goods are subject to change without notice. Virtual Currency and/or Virtual Goods may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Virtual Currency and/or Virtual Goods for any reason. Virtual Currency and Virtual Goods may only be held by legal residents of jurisdictions where access to and use of the Services are permitted. Virtual Currency and Virtual Goods may only be purchased or acquired through means specifically authorized by KINGPLAY. When you purchase Virtual Currency, it will reside in your KINGPLAY account until discharged through use of the Services or otherwise surrendered as a result of termination of the Services in accordance with these Terms of Service. In certain circumstances and to facilitate offline play, your Virtual Currency may be stored on your mobile device, and in such instance such Virtual Currency cannot be used from any other source. Virtual Currency stored on a mobile device cannot be transferred to another device.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency with the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. KINGPLAY has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion to the extent legally permissible, and KINGPLAY shall have no liability to you or anyone for the exercise of such rights. In addition to the foregoing, KINGPLAY may selectively remove or revoke Virtual Currency and/or Virtual Goods associated with your account.
The transfer of Virtual Currency and Virtual Goods is strictly prohibited. Any attempt to do so is in violation of these Terms of Service and may result in a lifetime ban from the Services and possible legal action.
You understand and agree that all sales of Virtual Currency and Virtual Goods are final and that KINGPLAY is not required to provide a refund for any reason. All Virtual Currency and Virtual Goods are forfeited if your account is terminated or suspended for any reason, in KINGPLAY's sole and absolute discretion, or if the Services are no longer available. To the extent legally permissible, if your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Virtual Currency and/or Virtual Goods are selectively removed or revoked from your account, no refund will be granted, no Virtual Currency and/or Virtual Goods will be credited to you or converted to cash or other forms of reimbursement.
Intellectual Property Ownership
KINGPLAY and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the "Content"). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any other purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark ("Trademarks") used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.
Any communications or materials you transmit to KINGPLAY by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. KINGPLAY is free to use, reproduce, modify, disclose, transmit or post any ideas, concepts, know-how or techniques contained in any communication you send to KINGPLAY for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any compensation to you or acknowledgment that you were the source of such materials.
User Information and Content
By participating on the Site, you agree that the Site (a) may display your name, picture, profile and game records on the Site, and (b) may print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without compensation.. You agree that you are solely responsible for any content, location information, messages, posts, comments, data, text, images, photographs, videos or other materials that you transmit through the Services ("User Content"). By submitting, transmitting, posting, uploading, or otherwise providing any User Content in connection with the Services, you are granting KINGPLAY a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all user Content for any purpose, including, without limitation, advertising and promotional purposes. No credit, approval or compensation is due to you for any such use of the User Content you may submit.
KINGPLAY reserves the right (but at no time be obligated to), in its sole discretion, remove, block, edit move, disable or permanently delete User Content with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, KINGPLAY shall at no time be liable for the removal, modification, blocking, moving or deletion of User Content.
You further represent and warrant that you own or otherwise control any and all rights in and to the User Content and that public posting of the User Content by KINGPLAY will not infringe or violate the rights of any third party in any manner. You also agree that the User Content shall not include any personal identification, such as email addresses, or other indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. Further, the User Content shall not include any of the following:
1. comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
2. comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
3. comments or other materials that harass or advocate the harassment of another person;
4. comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
5. comments or other materials that are false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
6. comments or other materials that infringe any party's trademark, trade secret, copyright or other proprietary rights.
You acknowledge that we are not responsible for any User Content posted in connection any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms of Service. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.
We reserve the right, but not the obligation, to monitor and delete any User Content deemed inconsistent with our policies in our discretion. We also reserve the right to terminate the account of any user who violates any of these Terms of Service, including infringement by a user of third-party copyrighted materials, as determined in our sole discretion.
If you are aware of any User Content posted in connection with the Services that violates these Terms of Service, please contact us at [email protected] Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Infringement Claims." Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the Site or remove specific User Content.
Communication Channels
The Services may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other users of the Services. KINGPLAY is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. KINGPLAY may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by KINGPLAY, and these communications should not be considered reviewed or approved by KINGPLAY. You will be solely responsible for your activities within the Communication Channels and under no circumstances will KINGPLAY be liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. KINGPLAY is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Copyright Notice
KINGPLAY requires our users to respect the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide us with a notice. Your notice should contain the following information:
1. a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located in the Services;
4. your address, telephone number, and email address;
5. 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; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.
Before you file your notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
KINGPLAY
By email:
[email protected]
Termination
You agree that KINGPLAY, in our sole discretion, may to the extent legally permissible terminate your access to or use of the Services, at any time and for any reason, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination, your right to use some portions, if not all, of the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate or delete your account, User Name, and password (excluding your Facebook account), and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Services or to any such information or files or we will be required to make such information or files available to you after any such termination.
Limitation of Liability
BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF KINGPLAY, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF KINGPLAY AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID KINGPLAY IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
Release of Liability
To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold Released Parties harmless from and against all claims, damages, losses, liability, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, access to, or activities in connection with the Services or (b) any violation of these Terms of Service by you or through your account. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
Disclaimer of Warranties
THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Game Play
The games offered through the Services may not replicate the odds of winning or the payouts of game credits awarded of similar games found in real world. The games may also include certain products which resemble “real world” gaming products, but which have a fixed payout amount that is pre-determined by KINGPLAY in its sole discretion. The game credits awarded may also be variable over time, and we reserve the right to change them from time to time in our sole discretion. KINGPLAY may change the award percentages without notification to you.
Hacking or Tampering With the Services
You agree that KINGPLAY is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.
Disputes with Others
KINGPLAY reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with other users, you release and hereby agree to indemnify KINGPLAY 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 dispute.
Legality
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree KINGPLAY cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services. KINGPLAY makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with KINGPLAY have authority to make any such representations or warranties. KINGPLAY reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
Links to Third Party Sites
Although the Services may contain links to third party websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge that we have not reviewed all the websites linked to the Services and are not responsible for the content of any off-site pages or any other site linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.
Updates to the Services
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to the extent legally permissible: modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any content contained in the Services. Your continued use of the Services after such changes will indicate your acceptance of such changes.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Socialist Republic of Vietnam without regard to its principles of conflicts of law.
Binding Arbitration
PLEASE READ THIS "BINDING ARBITRATION" PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH KINGPLAY AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST KINGPLAY. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST KINGPLAY BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THESE Terms of Service, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.
Scope of Arbitration Provision. You and KINGPLAY agree that any dispute, claim or controversy arising out of or relating to your access to or use of any KINGPLAY Site or to these Terms of Service (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Service) (a "Dispute"), shall be determined by arbitration, except that you and KINGPLAY are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Location of Arbitration and Applicable Rules. You and KINGPLAY agree that such arbitration shall occur in Ho Chi Minh City, Vietnam. You may request to appear in such proceedings telephonically. You and KINGPLAY agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of Vietnam, as modified by these Terms of Service.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and KINGPLAY shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND KINGPLAY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND KINGPLAY ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You and KINGPLAY agree that any action, regardless of form, arising out of or related to the Services and/or these Terms of Service or Privacy Policy must commence within ONE (1) YEAR after the cause of action accrues, otherwise such action is permanently barred. Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Entire Agreement
These Terms of Service, including, without limitation, the Privacy Policy, constitute the entire agreement between you and KINGPLAY and cannot be modified by you. These Terms of Service cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with KINGPLAY. Nothing in this subsection will prevent KINGPLAY from modifying these Terms of Service.
Severability
If any portion of these Terms of Service is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions.
Local Law
These Terms of Service do not purport to supersede the laws of the jurisdiction from which you access the Site to the extent such law is deemed to be applicable to your use of the Services. KINGPLAY will comply with applicable law in all respects regarding your use of the Services. Without limiting the foregoing, we will respect all consumer protections provided by applicable law.
Headings
The headings titles in these Terms of Service are provided solely for convenience and have no legal or contractual significance.
Force Majeure
We will not be liable in any amount for failure to perform any obligation under these Terms of Service if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
Copyright
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