Word Quest:
The Detective Game
The Detective Game
Effective date: October 27, 2019
King Crab Games Inc. operates the Word Quest: The Detective Game mobile application.
This page informs you how King Crab Games Ins., its other group companies (collectively described as "KCG", "us", "we", or "our"), and its third party advertising, marketing, and service providing partners collect, use, process and share information about your personal data.
This Privacy Policy applies to all of our games, whether played on our company websites, on mobile devices, PCs or on other platforms such as Facebook. It also applies to our Marketing and Advertising activities on all platforms and other services that we may provide to you from time to time. In this Privacy Policy we refer to our games, websites, marketing and advertising activities and other services collectively as our "Services".
By downloading, accessing and/or playing our games, or interacting with our websites or other Services, you agree to the collection and use of your information in accordance with this Privacy Policy, including consenting to KCG’s and our third party advertising, marketing, and service providing partners' use of your data for targeted purposes as described in Use of Data section. If you have any other concerns about providing information to us or it being used as described in this Privacy Policy you should not use our games or other Services.
We use your data to provide and improve our Services to you. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use.
Service
Service is our games, websites, marketing and advertising activities and other services collectively operated by King Crab Games Inc., its other group companies, and its third party marketing, advertising, and service providing partners.
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small files stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
We collect several different types of information directly or indirectly for various purposes to provide and improve our Services to you.
Data we receive directly:
When you use our Services as a registered user, we may collect the following Personal Data from you directly: your first and last name, email address, user name, Cookies and Usage Data.
We also may receive Personal Data from other third parties if you sign-up to use the Services via certain third-party social networking sites (each a “Social Networking Service”). In this case, we may receive and use Personal Data you have provided to such Social Networking Services and made available via your account privacy settings. In this regard, we may choose to collect the following Personal Data: your name, profile picture, friends list, friends' profile pictures, IP address, Facebook and other unique IDs and email address.
Where applicable, if you do not provide us the relevant Personal Data, you may not be able to use our Services completely.
Usage Data:
We also may collect the following Personal Data from our website or your device when you are using the Services or are navigating to the Services from other (third party) websites: certain information about your computer or mobile device including operating system, software version, Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, language, details about your browser, location information (including inferred location based off your IP address), Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with your account and the devices you use.
Purchase Data:
If you choose to purchase any virtual goods as part of your use of the Services, to the extent available, we or our third-party service providers may collect the following Personal Data from you in order to facilitate your payment for such virtual goods: Purchase history (this does NOT include payment method details or banking information which is collected and processed by a third-party).
Tracking Cookies Data:
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
· Session Cookies. We use Session Cookies to operate our Service.
· Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
· Security Cookies. We use Security Cookies for security purposes.
· Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
We use the collected Personal Data for a variety of business purposes, including:
To provide Services, products or information requested including to manage user information and accounts; respond to questions, comments, and other requests; provide access to certain areas, functionalities, and features of our Services; answer requests for customer or technical support; and allow you to register for events.
For administrative purposes including to estimate interest and engagement on our Services; conduct research and development; improve or develop new products and Services; ensure internal quality control; verify a user’s identity; communicate with you about your account, activities on our Services and policy changes; process your financial information and other payment methods for products or Services purchased; process applications and transactions; prevent potentially prohibited or illegal activities; and enforce our terms.
We may use Personal Data to pursue our legitimate interests, research (including marketing research), network and information security, and fraud/identity theft prevention. In addition, we may use Personal Data for other purposes that are clearly disclosed to you at the time you provide Personal Data or with your consent.
To communicate with you including to collect Personal Data from you such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us.
To market our products and Services including to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials as permitted by applicable law. Such uses include to tailor content, advertisements, and offers; to notify you about offers, products, and services that may be of interest to you; to provide Services to you and our sponsors; and other purposes you consent to or are disclosed when you provide Personal Data. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided by our email communications to you..
To conduct surveys including contacting you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Data.
To allow you to register for sweepstakes/contests including processing contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
We may provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us to record certain pieces of information whenever you visit or interact with our Services.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Mobile Device Identifiers. We may share the advertising identifier associated with your mobile device or tablet (such as the Apple IDFA and Google Advertising ID) with our advertising partners. An advertising identifier is an alphanumeric string that can be used to identify your device so that advertising partners can serve relevant ads to you. We use the Apple IDFA only as permitted by Apple, and we use the Google Advertising ID only as permitted by Google. An advertising identifier is assigned, and ad tracking is turned on, by default on your mobile device. You may limit the use of or reset your advertising device ID using the privacy settings on your mobile device. In some cases, you may need to reset the operating system to reset the advertising device ID.
Analytics. We may also use Google Analytics and/or Google Firebase Analytics to collect information regarding visitor behavior and demographics on our Services. For more information about Google Analytics/Google Firebase Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our users/visitors use the Services;
Functionality Related. We may use Technologies that allow us to offer you enhanced functionality/performance when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party digital properties.
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws). We will retain and use your Personal Data to resolve disputes and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes, only for as long as is necessary for the purposes set out in this Privacy Policy.
Your information, including Personal Data and Usage Data may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you choose to provide information to us, please note that we transfer the data, including Personal Data and Usage Data, to the nearest data collection center location (Google Firebase Data Center). Please contact us at kingcrabgamesinc@gmail.com if you want to inquire the location of data collection center that maintains your Personal and Usage Data.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. Also, no transfer of your Personal and Usage Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
We may disclose your Personal Data in the good faith belief that such action is necessary to:
· To comply with a legal obligation
· To protect and defend the rights or property of King Crab Games Inc. and its other group companies.
· To prevent or investigate possible wrongdoing in connection with the Service
· To protect the personal safety of users of the Service or the public
· To protect against legal liability
If you use the Services and submit your Personal Data to create a profile in our games, other registered users will see your user name (“Subscriber/User Identifier”). If you sign up with your Social Networking Service, other registered users will see your user Identification number of the Social Networking Service accounts.
The security of your data is important to us but unfortunately no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may share the information in your King Crab Games account profile (including your Personal Data) with the Social Networking Service you have linked to your KCG account to provide you with enhanced services. These third parties have access to your Personal Data only for this purpose (unless they legitimately have received your Personal Data independently of the KCG service) and are obligated not to disclose or use it for any other purpose.
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. Regardless of your marketing preferences, we may also send you certain non-promotional communications regarding us and our Services(e.g., communications regarding the Services or updates to this Privacy Policy). We will obtain your consent, where required under applicable law, before sending you our promotional emails.
We may send you notifications through our mobile application. You may change the settings on your mobile device to disable notifications at any time.
The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Data to provide content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us at kingcrabgamesinc@gmail.com.
If you are from the European Economic Area (EEA), King Crab Games Inc legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
We may process your Personal Data because:
· We need to perform a contract with you
· You have given us permission to do so
· The processing is in our legitimate interests and it is not overridden by your rights
· For payment processing purposes
· To comply with the law
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where King Crab Games Inc relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
You have the rights explained in this section in accordance with applicable laws. If you want to exercise any of your rights or receive further explanation about them, please contact us. Please note that some of these rights may be connected to certain statutory preconditions and thus, might not be applicable to you and your specific situation.
The right to access. You may have the right to confirm that we are processing and gain access to your Personal Data. Should you have any questions regarding the processing, or would you like to have more insight in the Personal Data about you that we process, you are always welcome to contact us, and we will provide you with further information.
The right to rectify. You may have the right to request that we correct information that we have inaccurately stored. You may also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
The right to erase / right to be forgotten. You may have the right to request from us to permanently delete your Personal Data. You can make such a request if you, for example, believe that the Personal Data are no longer necessary in relation to the purpose for which the Personal Data were collected or otherwise processed.
The right to restrict the processing activities. You may have the right to restrict our processing activities. If you choose to restrict our processing activities as it relates to providing the Services, you might not be able to use them.
The right to data portability. You may have the right to request from us that we send your Personal Data in a structured, commonly used and machine-readable format, and to transmit those data to another controller.
The right to Object. You may have the right to object to our processing of your Personal Data. If you choose to object to our processing activities, you might not be able to use all of our Services.
The right to lodge a complaint with a supervisory authority. If you are unsatisfied with the way we treat your Personal Data, you may reach out to us at all times to solve the issue. However, you always have the right to lodge a complaint with a supervisory authority.
The right to Withdraw Consent. Where our processing of your Personal Data is based on your consent, you may have the right to withdraw such consent at any time. The withdrawal of your consent will not affect the lawfulness of the processing based on consent before its withdrawal.
If you would like to exercise any of the rights listed above, please contact us at kingcrabgamesinc@gmail.com. We will process such requests in accordance with applicable laws. To protect your privacy, please note that we may ask you to verify your identity before responding to such requests.
Identity theft and the practice are our great concern. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about identity theft issues, visit the Federal Trade Commission’s website.
We may employ/hire third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used. We may share any Personal and Usage Data we collect about you with our third-party service providers. The types of service providers to whom we entrust personal information include service providers for the provision of the Services, the provision of information, products, and other services you have requested, marketing and advertising, analytics, customer service activities, and the provision IT and related services.
These third parties have access to your Personal Data only to perform these tasks on our behalf.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Firebase
Firebase is an analytics service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer not to share your Personal Data with third party advertising partners, you may follow the instructions above.
Google AdSense DoubleClick Cookie
Google, as a third party vendor, uses cookies to serve ads on our Service. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet.
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Apple Store In-App Payments
Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
Google Play In-App Payments
Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Protecting children’s privacy online is very important to us. Generally, our Services are not directed to children under 13 (or other age as required by local law), and the Services do not knowingly collect Personal Data from children.
If you are a child, please ask your parent(s) or guardian(s) for permissions before using or playing on the Service. If you do not get permission from your parent(s) or guardian(s), you should not use our Service. If you are a parent or guardian and have any concerns regarding the service, wish to review information collected from your child, or want to modify or delete any information collected from your child, you may contact us at kingcrabgamesinc@gmail.com. If we become aware that a child has provided us with Personal Data, we will delete any Personal Data we have collected, unless we have a legal obligation to keep it, and terminate the child’s account and/or revert them to the underage experience, as applicable.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, please contact us:
· By email: kingcrabgamesinc@gmail.com
Last updated: October 27, 2019
These Terms of Use ("Terms", "Terms of Use", "TOU") apply to you and King Crab Games Inc, address 16825 48th Ave W Suite 316, Lynnwood, WA 98037 , United States ("KCG", "us", "we", or "our") regarding your use of KCG´s games, websites, discussion forums and related services (the "Services"). The parties intend that the terms of this agreement inure to the benefit of KCG’s sister, parent, subsidiary or affiliated companies. Use of the Services is also governed by KCG´s Privacy Policy which is also described in the "Privacy Policy" document above.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service and you must cease all access and/or use of, any of our Services . If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
For United States residents, these TOU contain a binding arbitration clause in 13. Binding arbitration / Class waiver section and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section 8, you agree that any disputes arising between you and KCG will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.
These terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, Amazon App Store or Windows Phone Store), on any website or platform where you can play our Games such as www.facebook.com, and on our website at www.kingcrabgames.com (the “Website”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy.
If you accept these TOU, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these TOU, you represent that your parent or your legal guardian, has reviewed and agreed to these TOU.
Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.
If you access the Services from a social networking service ("SNS"), such as Facebook, you agree to comply with its terms of service as well as these TOU.
We may issue additional policies related to specific components of the Services (including, but not limited to, forums, contests, sweepstakes or loyalty programs). Your right to use the Services is subject to such relevant policies and these TOU.
You can access the latest version of these terms at any time at https://sites.google.com/view/yummyadventurepolicy. We can make changes to these terms at any time in accordance with 22. Changes to these terms section below and, except in relation to any amendment to 13. Binding arbitration / Class waiver below, your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Subject to these TOU, we hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOU.
Except as previously set forth, you do not receive any other license. We retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, game play recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without our prior written consent. We reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from us or third parties.
The specific game rules, scoring rules, controls and guidelines for the Services can be found within the Services itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them..
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with. Your account is personal to you and you are not entitled to transfer your account to any other person. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Services and/or the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
Our Service may have virtual currencies such as gold coins, gems, etc (“Virtual Money"), items or services for use with our Services(“Virtual Goods") or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”). You agree that purchased Virtual Money, Virtual Goods and/or Subscriptions have no monetary value and can never be exchanged for real world money, real goods or real services from us or anyone else. You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else. Also, we are not liable for hacking or loss of your Virtual Items.
You do not own Virtual Goods, Virtual Money and/or Subscriptions. Virtual Goods, Virtual Money, and Subscriptions are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use. Any balance of Virtual Goods and/or Virtual Money does not reflect any stored value. You agree that we are not required to provide a refund for Virtual Money, Virtual Goods, and/or Subscriptions for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Goods, Virtual Money and/or Subscriptions, regardless of whether your loss of license under these TOU was voluntary or involuntary.
You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the Subscription period. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods, Virtual Money, and/or Subscriptions from us, you acknowledge and agree that we will begin the provision of the Virtual Goods, Virtual Money , and/or Subscriptions to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. The "purchase" is complete at the time our servers or third party service provider(s) validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your devices or your account.
If you delete or uninstall our Services from your device or PC, you will permanently forfeit all of your Virtual Money, Virtual Goods, and Subscriptions without the right to refund, as we will no longer be able to associate those with you.
If you do not connect your game play on a device to an account that is linked to your social network account, such as Facebook, we will not be able to restore the Service data to a different device if you lose that device or it is damaged. You will have the risk of losing Service data including, but not limited to, your game progress through the Services, the level or scores you have reached in the Service.
The data associated with Virtual Goods, Virtual Money, and/or Subscriptions, whether purchased or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected your game play on a device to an account that is linked to your social network account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Goods, Virtual Money, and/or Subscriptions which you purchase from us, upon completion of the purchase process; and/or (ii) in other cases, at the time the Virtual Goods are credited or awarded to you.
If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
We may manage, control, modify or eliminate Virtual Items at any time, with or without notice. Price and availability of Virtual Goods, Virtual Money, and/or Subscriptions are subject to change without notice. We reserve the right to control, regulate, change or remove any Virtual Money, Virtual Goods and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your device or PC in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.
Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
If we suspend or terminate your account due to violation of SOU you may lose any Virtual Money, and Virtual Goods and/or active Subscriptions that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period. The termination of your account may erase your Service data, including but not limited to game progress through the Services, the level or score you have reached in the Service.
The charge for any individual item you can purchase via our Services shall be as stated on our Services at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Services. We accept payment via our payment processing partners by credit card, debit card, carrier billing and PayPal. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase.
If you wish to purchase any product or service made available through the Service, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Payment for a Subscription will be charged to your account at the point of purchase and for renewals will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
Our Service may allow you to post, link, store, share and otherwise make available certain information, data, text, sound, photographs, tags, graphics, videos, or other materials ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
You agree not to upload, communicate, transmit or otherwise make available any Content (i) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable, (ii) that is or could reasonably be viewed as invasive of another's privacy, (iii) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred, (iv) which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information), (v) which infringes any intellectual property right or other proprietary right of others, (vi) which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation, (vii) which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Content found on or through this Service are the property of KCG or used with permission. You may not distribute, modify, transmit, reuse, download, re-post, copy, or use said Content for commercial purposes or for personal or business gain, without express advance written permission from us.
When you are using our Services, you agree that you will not (i) use our Services to harm anyone or to cause offence to or harass any person, (ii) create more than one account per platform to access our Services, (iii) use another person or entity’s email address in order to sign up to use our Services, (iv) use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services), (v) disguise, anonymize or hide your IP address or the source of any Content that you may upload, (vi) use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications, (vii) remove or amend any proprietary notices or other ownership information from our Services or any other part of our Services, (viii) interfere with or disrupt our Services or servers or networks that provide our Services, (ix) attempt to de-compile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us, (x) 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('GIFs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms), (xi) sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Money and/or Virtual Goods, (xii) disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services, (xiii) disobey any requirements or regulations of any network connected to our Services, (xiv) use our Services in violation of any applicable law or regulation, (xv) use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms, or (xvi) use our Services in any other way not permitted by these terms.
If you are concerned that someone else is not complying with any part of these terms, please contact us at kingcrabgamesinc@gmail.com.
We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
You are solely responsible for your interactions with other users of our Services.
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to game play recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which KCG is not a party.
We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.
Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to choose to play against another user or to play socially with another user whom our Services select for you, or you play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Services to interact with. Some of our Games may also allow you to search for your friends (for example, by email address or Social Network Service identification number) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
Where our services select another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Services or your other game play activity).
By accessing and/or playing our Services you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our Services or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of King Crab Games Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of King Crab Games Inc.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
You must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
By submitting Content as defined in User 6. Conduct and Content section via our Services you: (i)are representing that you are fully entitled to do so, (ii)grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, (iii)acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and (iv)agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to kingcrabgamesinc@gmail.com: (i)a description of the intellectual property rights and an explanation as to how they have been infringed, (ii)a screenshot of the infringing material including the person's name or identification number who uploaded the infringing material, (iii)your address, phone number and email address, (iv)a statement by you, made under penalty of perjury, that you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (v)a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"), such as Facebook. You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. We may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.
The Services may allow you to create content, including, but not limited to, game play maps, characters, screenshots or videos of your game play (collectively “User Contributions”).
In exchange for use of the Services, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to KCG's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to KCG, and the foregoing waiver of any applicable moral rights, survives any termination of these TOU.
King Crab Games Inc. and its other group companies, their directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to GCG or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by KCG and its other group companies without compensation to you or any third party and you grant KCG a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
If you are a United States resident or otherwise make any claim against KCG and its other group companies in the United States, you expressly agree that any legal claim, dispute or other controversy between you and KCG and its other group companies arising out of or otherwise relating in any way to Services, including controversies relating to the applicability, enforceability or validity of any provision of these TOU or our Privacy Policy (collectively "Disputes"), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association ("AAA"), rather than in a court, as described herein. The arbitration will be governed by the AAA's commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively "Rules and Procedures"). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.
Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case we will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
The arbitration may be conducted in Los Angeles, California or, upon your request, in the city closest to you location where AAA maintains an office. The arbitrator's award shall be final and binding on you and KCG and its other group companies and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
As an exception to the binding arbitration rule, to the extent the Dispute arises from:
A violation of KCG´s intellectual property rights in any manner;
Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of conduct” of these TOU; and
Any claim for equitable relief;
then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and KCG and its other group companies agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.
You may opt out of this obligation to arbitrate. If you do so, neither you nor KCG nor its other group companies can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: King Crab Games Inc, ATTN: Legal Department, 16825 48th Ave W Suite 316, Lynnwood, WA 98037, United States . You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.
To begin an arbitration proceeding, you must send a letter to: King Crab Games Inc, ATTN: Legal Department, 16825 48th Ave W Suite 316, Lynnwood, WA 98037, United States, requesting arbitration and describing your claim.
We will provide 30-days’ notice of any changes to this Section “Binding arbitration/ Class waiver” through the Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
For residents in the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a game or other Services for economic reasons due to a limited number of users continuing to make use of that game or other Services over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
For residents outside the United States: Subject to the next sentence, we do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Money and/or Virtual Goods or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF ANY OF OUR SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
We are not responsible for: (i)losses or harm not caused by our breach of these terms or negligence, (ii)losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss, (iii)any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services, (iv)any increase in loss or damage resulting from breach by you of any of these terms and conditions, (v)technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
For any losses or harm other than those mentioned in the previous terms in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
We do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.
Any additional legal rights which you may have as a consumer remain unaffected by these terms.
Our Services have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (b)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (b)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is King Crab Games Inc., 16825 48th Ave W Suite 316, Lynnwood, WA 98037, United States .
Without limiting any other remedies available to us, if we believes that you are in breach of these TOU, (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i)delete, suspend and/or modify your account or parts of your account, (ii)otherwise suspend and/or terminate your access to our Services, (iii)modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account, (iv)reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Services.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
The data controller for all personally identifiable information or personal data or usage data that we collect about you through or in relation to our Services is King Crab Games inc.
We collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. If you do not agree to our Privacy Policy or these terms you should not download or access our games or our Services.
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
These terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
You can find these terms at any time by visiting https://sites.google.com/view/yummyadventurepolicy.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
Most concerns can be solved quickly by contacting us at kingcrabgamesinc@gmail.com.
In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of King County, Washington, United States of America.
Our Services are made available subject to these terms. This paragraph explains which laws apply to these terms.
Except for the case described in 13. Binding arbitration / Class waiver section, the laws of King County, Washington, United States of America shall govern the interpretation of these terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of King County, Washington, United States of America unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
For residents in the United States: You and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Seattle, Washington to resolve any claims that are subject to exceptions to the arbitration agreement described in 13. Binding arbitration / Class waiver section above, or otherwise determined not to be arbitrable.
If you are resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS WAIVER provisions above.
You agree to defend, indemnify and hold harmless King Crab Games Inc., its other group companies and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
To the fullest extent permissible under applicable law, the Services are provided to you "AS IS" and "AS AVAILABLE" basis. It may have defects, and your use of the Service is at your sole risk. We do not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices.
King Crab Games Inc. its subsidiaries, affiliates, and its licensors do not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will inter-operate or be compatible with any other services; the Service is free of viruses or other harmful components; or, that any errors in the Services will be corrected. No oral or written advice provided by us, our employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOU shall infringe upon the statutory rights that you may have as a consumer of the Services.
If you have any questions about our Terms of Use, please contact us:
· By email: kingcrabgamesinc@gmail.com