Terms of Use Agreement
Effective Date: December 12, 2017
These Terms of Use pertain to, among other things, Kano Applications Inc., a British Columbia company (“KANO”, “we” or “us”), and any applications created by KANO (“KANO Games”) and available through social networking sites , the Apple App Store, the Google Play Store or any other website, platform or network through which KANO Games may be available from time to time (collectively, the “Platforms” and each, a “Platform”).
PLEASE NOTE: These Terms of Use and any KANO Games policies and rules are subject to change without notice.
USE OF THE SITE IS VOID WHERE PROHIBITED. BY USING THE SERVICE OR THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT 18, BY USING THE SITE YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREES TO THE FOLLOWING TERMS OF USE. PARENTS AND LEGAL GUARDIANS: IF YOU HAVE NOT CONSENTED TO YOUR MINOR CHILD’S AGREEMENT TO THESE TERMS OF USE, PLEASE CONTACT KANO SUPPORT AT: Support. PARENTS ARE ADVISED TO EXERCISE SUPERVISION OVER THEIR CHILDREN’S ON-LINE ACTIVITIES.
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE, AS USE OF THE SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS OF USE, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. DO NOT USE THIS SITE IF YOU DO NOT AGREE.
THESE TERMS OF USE GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.
1.Deemed Acceptance
This agreement (“Agreement” or “Terms of Use”) between you and KANO, sets forth the terms and conditions which apply to the use by you of KANO Games (however accessed and/or used, whether via personal computers, mobile devices or otherwise) and other interactive features or downloads (e.g., widgets) that are accessible on or downloadable through, or related to, KANO Games and owned or operated by KANO (collectively, the “Site”) and any other product or service offered by KANO for use, subscription or sale through any Platform (collectively, “Service”). If you do not understand and accept these Terms of Use, do not use the Service. Your use and/or continued use of the Service will be deemed to constitute your acceptance of these Terms of Use and all of KANO’s rules and restrictions related to the Service, as they may change from time to time.
2.Additional Terms
In some instances, both these Terms of Use and any separate Platform terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
3.Limited License
Subject to these Terms of Use, and your acceptance of them, KANO agrees to grant, and you agree to take, a non-exclusive, non-transferable, single computer license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user (“Limited License”). Without limiting the foregoing, you agree not to use the KANO Games, the Site or any Service for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the KANO Games, the Site or any Service to any other person unless specifically permitted by KANO, or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder. KANO reserves the right to modify the license granted in this section and the restrictions described in these Terms of Use in writing on the Site, including, without limitation, by charging fees therefor and/or making certain features available through the Site that may invite you to use the Site Materials (defined below) in a manner not described in these Terms of Use. KANO may add, change, discontinue, remove or suspend any of the Site Materials at any time, without notice and without liability. The Site is intended for an audience that is at a minimum eighteen (18) years of age.
4.Basic Terms
• Subject to the other provisions in these Terms of Use, the basic terms to which you agree by using the Site or the Service are as follows:
• You must be at least eighteen (18) years of age to use the Site.
• User Content you submit is owned by you and you are responsible for all third party rights and payments. You grant KANO and other users the right to use and exploit your User Content.
• Your use of the Service or any content (including but not limited to Site Materials (defined below) or Modifications (defined below)) related to the Service off-Site is limited by these Terms of Use.
• You may not use the Site, Site Materials or any content based on the Site or Site Materials (including User Content and Modifications), for commercial purposes or for any illegal purpose, or in any manner that may adversely or negatively affect KANO’s rights.
• Your use of the Site is “AS IS”, without warranty, and will result in no liability of KANO.
5.Key Game Play Requirements and Restrictions
(a)The activities and games on the Site or on other Service (including any Modifications to the KANO Games) are just for you to play with while on the Site. You may not sell or otherwise transfer them to anyone, or distribute them or aggregate them on any other site, without the prior written consent of KANO.
(b)All KANO user profiles, character actions and content in or on the chat boxes and message boards are created by our users and not by KANO. If you post distasteful, insulting, sexually explicit, racially disparaging, religiously disparaging or other inappropriate content, KANO reserves the right (but not the obligation) to delete it from the Site without notice and to freeze or close your account without any refund of previously purchased virtual currency (including, but not limited to, favour points, UN credits, and other credits) or other virtual items. This rule also applies to inappropriate avatar names. Do not create names that are nasty, insulting, sexually explicit, racist, disrespectful of religions, intended to promote illegal acts or otherwise inappropriate. We can see your messages, so keep it clean and friendly! Do not abuse the chat functions by “spamming” (posting the same message many times) or using them to make “party boards” – this can result in warnings or a frozen account, too! Finally, if you ask for another user’s password or personally identifiable information, for any reason, your account can be frozen or terminated. If you see anything inappropriate on the Site, or if anyone sends you a message that makes you uncomfortable or asks for your password, please contact KANO at Support.
(c)You understand and acknowledge that KANO may supervise user forums and filter content sometimes, but that we don’t have a duty to do this. You understand that bad people can use user forums and that user forums can be dangerous places if you do not use caution and good sense. You agree not to give out any personal information, including your password, your first and last name, your phone number, e-mail address, instant messenger screen name or other contact information and not to ask for personal information from other KANO Games users.
(d)You understand and acknowledge that all purchases of virtual items sold on the Site are final and non-refundable, except, in KANO’s sole and absolute discretion, and are a limited game play license and not a cash account or equivalent. Once you buy any virtual item sold on the Site, all sales are final. Further, KANO may refuse service to any person, or terminate any KANO Games user accounts, at any time with or without notice, in its sole discretion, for any reason or no reason, including if it believes that you are under the age of 18.
(e)Do not give out your password to anyone. KANO will never request your password. If someone does, please contact Support.
(f)You understand and acknowledge that KANO shall bear no responsibility for any issues you may have with any Platform account (by way of example only, and not limited to, Facebook, MySpace, Kongregate, the Apple App Store or the Google Play Store) (each, a “Platform Account”) through which you may create or access your KANO Games user account or any Service, and that if your Platform Account is disabled for any reason, you are responsible for resolving the matter with the Platform Account provider.KANO shall not take any action with your Platform Account provider to have your Platform Account re-enabled.
6.Ownership of Intellectual Property
Unless otherwise specified in writing on the Site, all materials that are part of the Site (including past, present and future versions of the Site) or any Service (collectively, the “Site Materials”), are owned, controlled or licensed by KANO and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Site Materials include, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; KANO Game levels and features; the compilation, assembly and arrangement of the materials of the Site; Modifications (defined below); and all other materials related to the Site. Your ability to use the Site Materials is governed by these Terms of Use. The entire contents of the Service (including the Site Materials) are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. KANO owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to KANO. Third-party content providers own the copyright in content that is original to them. Hollywood Zombies, Zombie Slayer, Pirate Clan, Viking Clan, Mob Wars: La Cosa Nostra, Kingdom of Thrones, Free RiderHD and KANO are trademarks and service marks of KANO. All rights are reserved. All other trademarks and service marks appearing on the Service are the property of their respective owners, including, in some instances, KANO. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” on other web sites is prohibited. You may not display our Service or content in frames or “in-line links” without prior express written permission from KANO (e-mail requests to Support).
7.No Encumbrance of Intellectual Property
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the content of the Service (including the Site Materials and your own User Content (defined below)), nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Service (including but not limited to Site Materials), except as expressly permitted herein, without the express prior written permission of KANO and the owner of such Site Materials (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you will not acquire any ownership rights (including any rights to license such material) by downloading material from the Service or by purchasing any virtual goods. You can display your personal avatar on your own personal web pages for your noncommercial and personal use ONLY, as long as you write “Copyright 2019 Kano Applications Inc. All Rights Reserved. Used With Permission” on EVERY page on which it appears and you link directly to “Hollywood Zombies”, “Zombie Slayer”, “Pirate Clan”, “Viking Clan”, “Kingdom of Thrones”, “Mob Wars: La Cosa Nostra”, "Fubar: Just Give'r" or “Free Rider HD”.
You agree that, without KANO’s prior written permission, you will not download, distribute or use any Site Materials for any purpose or in any manner that is not permitted by these Terms of Use, which includes any commercial purpose or any manner that may adversely affect KANO’s rights, such as distributing Site Materials outside of the Site, selling Site Materials, or aggregating Site Materials on a site that is not maintained or associated with KANO.
8.Virtual Items
Purchases of any virtual item sold on the Site are purchases of a limited, non-transferable, revocable license to use that virtual item in the course of game play, for that virtual item’s intended use in the particular KANO Game for which that virtual item is intended. The license may be terminated immediately if your account is terminated for any reason, in KANO’s sole and absolute discretion, or if KANO discontinues providing the Service.
You agree that all purchases of virtual items and virtual currency sold on the Site (including, but not limited to, in-game cash, gold, UN credits, other credits and favour points) are final. No refunds will be given, except in our sole and absolute discretion. You agree that all virtual items and virtual currency (including, but not limited to, in-game cash, gold, UN credits, other credits and favour points) will be forfeited if your account is terminated for any reason, in KANO’s sole and absolute discretion, or if KANO discontinues providing the Services on the Site. You agree that the purchase of virtual items or virtual currency sold on the Site is the purchase of a limited license to a service and you have no property interest in the virtual items or virtual currency.
If you pay for any virtual items or virtual currency (including in-game cash, gold, UN credits, other credits and favour points) and are not credited for those items in game play, contact KANO at Support with evidence of your purchase and KANO will, through your user account, provide you with the virtual items for which you paid.
9.User Content
(a)KANO does not solicit submissions, creative materials, ideas or suggestions other than those KANO specifically requests. Any communications or materials you transmit to KANO by e-mail or otherwise including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and non-proprietary. The Site may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to KANO and/or to or via the Site, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Site Materials and Modifications not created by you, “User Content”). The Site may also permit you and others to create mods (such as plugins, tools or game levels) and modify, edit, or adapt certain Site Materials (collectively referred to as “Modifications”). You agree that your User Content and Modifications are wholly original with you and you exclusively own the rights to your User Content and Modifications, including the right to grant all of the rights and licenses in these Terms of Use without KANO incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
(b)You grant to KANO the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content and your Modifications, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that KANO is free to use any ideas, information, concepts, know-how or techniques contained in any User Content and Modifications you send to the Site or KANO, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content and Modifications, and without remuneration of any kind. You further perpetually and irrevocably grant KANO the unconditional right to use and exploit your name, persona and likeness included in or connected to any User Content and Modifications, without any obligations to you. You also grant to KANO the right to sub-license and authorize others to exercise any of the rights granted to KANO under these Terms of Use; and each such third party will be entitled to benefit from the rights and licenses granted to KANO under these Terms of Use. Without limiting the generality of the foregoing, you authorize KANO to publish your User Content and Modifications in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content or Modifications you submit, even if such User Content or Modifications are altered or changed in a manner not agreeable to you. You agree that without KANO’s prior written consent, you will not download, distribute or use any of your User Content or Modifications for any commercial purpose or in any manner that may adversely affect KANO’s rights, such as distributing Modifications and User Content outside of the Site, aggregating User Content or Modifications on a site that is not maintained or associated with KANO, or selling your User Content or Modifications.
(c)KANO has no obligation to monitor or enforce your intellectual property rights to your User Content or Modifications but has the right to protect and enforce its and its licensees’ licensed rights to your User Content and Modifications, including, without limitation, by bringing and controlling actions in your name and on your behalf (at KANO’s cost and expense, to which you hereby consent and irrevocably appoint KANO as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).
(d)Except as otherwise described in this Agreement, you agree that your User Content and Modifications will be treated as non-confidential and non-proprietary and will not be returned. You should also be aware that submissions of User Content and Modifications may not be secure, and you should consider this before submitting any information to KANO.
(e)You acknowledge and agree that KANO will not have any obligation to review, monitor, display, archive, maintain, accept or exploit any User Content or Modifications. KANO may delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content or Modifications without notice to you and without liability; provided, however, that KANO reserves the right to treat User Content and/or Modifications on the Site, or on certain portions of the Site, as content stored at the direction of users for which KANO will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to KANO’s attention. Such User Content and/or Modifications posted at your or other users’ direction need not, however, be maintained on the Site by us for any period of time and you may not have the right, once posted, to access, archive, maintain or otherwise use such User Content and/or Modifications on the Site. You also agree and understand that KANO is not obligated to use User Content and/or Modifications and that you will not receive any additional consideration or compensation for your User Content and/or Modifications or for any exploitation thereof.
10.Usage Rules
As a user of the Site, you agree that your User Content and Modifications, and your conduct on the Site will not:
(a)include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
(b)include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
(c)defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
(d)promote violence or describe how to perform a violent act;
(e)violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
(f)otherwise be in violation of the Terms of Use.
In addition, you shall not, and your activities on the Site and in connection with the Site Materials will not:
(a)create or use more than one account, or create any fake accounts;
(b)reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
(c)attempt to impersonate any other party;
(d)trick, defraud or mislead other users;
(e)engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
(f)disparage, tarnish, or otherwise harm, in KANO’s opinion, KANO and/or the Site Materials;
(g)violate these Terms of Use or any other requirements or restrictions posted by KANO on the Site, or engage in any illegal activity;
(h)upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, the Site Materials, Modifications or the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site, the Site Materials, Modifications or the User Content;
(i)copy or adapt the object code of the Site’s software, HTML, JavaScript or other code;
(j)reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site;
(k)upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
(l)except as may be the result of standard search engine or Internet browser usage, use or launch any automated system, including, without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Site or use or launch any unauthorized script;
(m)cover or obscure any notice, banner or advertisement on the Site;
(n)disguise the source of your User Content or other information you submit to the Site;
(o)use tools which conceal your internet protocol address (e.g. anonymous proxy) to access the site;
(p)engage in any act that KANO deems to be in conflict with the spirit or intent of the Service; or
(q)interfere with, disable or circumvent any security feature, content protection system or digital rights management of or used by the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Site Materials or the User Content.
KANO uses certain monitoring and filtering of the Site to attempt to enforce these Terms of Use. However, objectionable content and user behavior may be found to exist and always use caution and common sense when using the Internet, especially when giving out any personally identifying information or with respect to financial information or transactions. KANO does not control or endorse the content, messages or information found in User Content portions of the Service, Modifications or external sites that may be linked to or from “Hollywood Zombies”, “Zombie Slayer”, “Pirate Clan”, “Viking Clan”, “Mob Wars: La Cosa Nostra”, “Kingdom of Thrones”, "Fubar: Just Give'r", "Free Rider Jumps" or “Free Rider HD” and, therefore, KANO specifically disclaims any responsibility with regard thereto.
11.KANO Forums
You agree to adhere to the following basic rules of conduct when posting on the Forum:
(a)You may not impersonate any person or entity, or forge any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous re mailers.
(b)You may not harass, abuse, threaten or advocate violence against other users or individuals or groups.
(c)You may not post content that infringes on the intellectual property, privacy or other rights of third parties.
(d)You may not post content that is harmful to minors.
(e)You may not post content that is in violation of applicable law.
(f)You may not use the Forum for commercial or advertising purposes, including “spamming,” chain letters or any other form of unauthorized solicitation. Links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or the web site content appears to be intended as a means of solicitation as determined by KANO in its sole discretion.
(g)You may not intentionally interfere with the operation of the Forum or with a fellow user’s message box, including without limitation mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
(h)You may not upload, post or otherwise transmit any content that contains software viruses, Trojan horses, worms, time bombs, or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software or hardware.
While we do not and cannot review every message posted in the Forum, and are not responsible for the content of these messages, we reserve the right to remove or edit messages that we deem abusive, defamatory, obscene, libelous, in violation of copyright or trademark laws, or otherwise unacceptable. We also reserve the right to delete any message from the Forum for any reason without the consent of the author or any other party.
If you think that there is a message on the Forum that is libellous, constitutes impersonation or otherwise violates these Terms of Use and should therefore be removed, please send an email to Support. Please make sure to include the exact URL of the subject post(s) because the title of the post(s) is often insufficient for us to identify and locate the subject post(s). We take libel and impersonation very seriously, and we always follow upon on deletion request messages as fast as we can.
12.Forum Non-Confidential Information and License to Use Communication
You agree that any communication that you post on the Forum is non-confidential. By posting a communication, you grant KANO (or warrant that the owners of the submission have expressly granted) the perpetual, irrevocable, world-wide, non-exclusive right to use the communication (and any content therein) in any manner that KANO deems appropriate, including sub-licensing others the right to use the communication. Such uses may also include without limitation the reproduction, retransmission, distribution, performance or sale of the communication in any media or formats, whether now known or hereafter developed, and the right to edit, adapt, modify and make derivative works based on the communication. You will not receive any money or other compensation for such uses.
13.Forum Disclaimer of Warranties and Limitation of Liability
The majority of the content posted on the Forum is provided by third parties such as you and, as such, is the sole responsibility of the person posting the content. If you use the Forum, you agree to accept sole responsibility for your own communications and the consequences of posting those communications. You also agree to indemnify KANO for any claims, losses, liabilities or expenses (including reasonable attorneys’ fees and costs) that you may incur (whether direct or indirect, actual or contingent) as a result of any such communication.
Although the Forum is administered by Kano support staff personnel who do their best to answer questions, time pressures may prevent them from answering your question in a timely manner. If you need to contact KANO for forum related issues email them directly at Support.
KANO does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on the Forum, regardless of who originates that content. You expressly understand and agree that you bear all risks associated with using or relying on that content. KANO will not be liable or responsible in any way for any content posted or linked to the Forum, including without limitation any errors or omissions in the content, or of any losses or damage of any kind incurred as a result of the use of or reliance on any content.
14.Privacy Policy
Your use of the Site, the Service and the Forum is also subject to KANO’s privacy policy, which is incorporated herein by reference and may be found at: Privacy Policy. We encourage you to read the Privacy Policy carefully and use it to make informed decisions about how you use the Site, Services and Forum.
15.Disputes With Others
You are solely responsible for your interaction with others that you come in contact with through the Site. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site. If you have a dispute with other users, you release the KANO Parties (defined below) from losses, liabilities, claims, demands, and damages (whether direct or indirect, actual or contingent) of every kind and nature, known and unknown, suffered or incurred by you and arising out of or in any way connected with such dispute.
16.Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using your user account, and acknowledge that KANO may change the pricing for any Service or any virtual item at any time without notice.
17.Additions, Changes and Upgrades
You agree to review these Terms of Use on at least a weekly basis to be aware of Changes (as defined herein). Our employees cannot change the terms of these Terms of Use except as posted on these Service. KANO has the right, at any time, to:
(a)add, change, upgrade or discontinue the Site or Service, or any aspect or feature of the Site or Service, including, but not limited to, content, financial terms, availability and equipment needed for access or use; and
(b)impose, change or modify its terms and conditions applicable to your use of the Service, or any part thereof, including these Terms of Use,
any of which is a “Change”.Any such Change will be effective immediately upon notice by posting the Change on KANO’s Service or by any other method of notice KANO deems appropriate.Any use of the Service by you after notice of a Change constitutes acceptance by you of such Change.
18.Disclaimers, Limitations and Waivers of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER KANO NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “KANO PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
KANO MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND THE KANO PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT.THE KANO PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES, LIABILITIES, INJURIES OR CLAIMS IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE KANO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE KANO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF LOSS, DAMAGE OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
19.Monitoring/Blocking
You acknowledge that you do not rely on KANO to monitor or edit the Service and that the Service may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content. Please bring any inappropriate content or user behavior to our attention at: Support.
20.Indemnification
You agree to defend, indemnify and hold harmless the KANO Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Site or any Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Use. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
21.Equipment
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment and software needed for access to and use of the Site and the Service (including any equipment or software required to install or use any upgrades to the Service and KANO Games from time to time) and you will be responsible for all charges related thereto.
22.Complaints
KANO takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material that is or was on our Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact Support.
23.Enforcement and Waiver
You acknowledge and agree that KANO has the right, but not the obligation, to enforce these Terms of Use in the manner and to the extent it deems appropriate in its sole discretion.Any decision by KANO not to enforce or exercise its rights with respect to the breach of any particular provision of these Terms of Use shall not affect KANO’s right to enforce any subsequent breach of, or exercise its rights with respect to, the same or any other provision of these Terms of Use.
24.Severability
If any provision of these Terms of Use is found to be illegal or unenforceable in whole or in part by a court of competent jurisdiction, that provision shall be ineffective solely to the extent of such illegality or unenforceability without affecting the validity or enforceability of the remainder of such provision or any other provision of these Terms of Use, which shall remain in full force and effect.
25.Assignment
KANO may assign these Terms of Use or its Privacy Policy, in whole or in part, to any person at any time without your consent.You may not assign any of your rights or obligations under these Terms of Use or the Privacy Policy without KANO’s prior written consent.
26.Entire Agreement
These Terms of Use as amended from time to time, any documents expressly incorporated herein by reference (including the Privacy Policy), and any rule or regulation posted from time to time on the Site shall constitute the entire agreement between you and KANO with respect to the subject matter hereof, and shall supersede all prior understandings relating to that subject matter, whether written, oral or electronic.
27.Notices
Any notice required to be given by you to KANO under these Terms of Use shall be validly given if in writing and addressed to: Contact. Any notice required to be given by KANO to you under these Terms of Use shall be validly given if sent to you using the contact information you gave to us at the time that you opened your user account (including your Facebook account), or as updated by you from time to time.
28.Force Majeure
KANO shall not be liable for any delay or failure to perform or provide any Service as a result of any causes or occurrences that are outside KANO’s reasonable control, including without limitation acts of God, war, civil unrest or disruption, terrorism, riots, natural disasters, fire, flood, disruption in fuel or energy supply, labour unrest or strike, or epidemic.
29.Governing Law and Dispute Resolution
These Terms of Use shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. You agree that any disputes arising from or in connection with these Terms of Use, your use of the Site or the Services shall be determined by, and you irrevocably agree to the exclusive jurisdiction of, the courts of the Province of British Columbia. The venue of any hearing in relation to any such dispute shall be Victoria, British Columbia and all hearings shall take place in the English language.
30.Apple App Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you access or download any applications created by KANO through or from the Apple App Store (each, an “Application”). To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 30, the terms of this Section 30 apply, but solely with respect to applications from the Apple App Store.
(a) Acknowledgement. You acknowledge and agree that: (i) these Terms of Use are concluded between you and KANO only, and not with Apple; and (ii) that KANO, not Apple, is solely responsible for each Application and the content thereof. Your use of each Application must comply with the App Store Terms of Service. To the extent there is a conflict between these Terms of Use and the App Store Terms of Services, the App Store Terms of Service will apply.
(b) Scope of License. The license granted to you for each Application hereunder is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, provided that such Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
(c) Maintenance and Support. KANO is solely responsible for providing any maintenance and support services with respect to each Application, as specified in these Terms of Use, or as required under applicable law. You and KANO acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any Application.
(d) Warranty. KANO is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by these Terms of Use. In the event of any failure of any Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to such Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be KANO’s sole responsibility.
(e) Product Claims. KANO and you acknowledge that KANO, not Apple, is responsible for addressing any claims of yours or any third party relating to any Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that any Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. These Terms of Use do not limit KANO’s liability to you beyond what is permitted by applicable law.
(f) Intellectual Property Rights. You and KANO acknowledge that, in the event of any third party claim that any Application or your possession and use of that Application infringes that third party’s intellectual property rights, KANO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
(g) Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Developer Name and Address. KANO’s contact information for any end-user questions, complaints or claims with respect to any Application is 500-844 Courtney Street, Victoria, British Columbia, Canada, V8W 1C4, 1-(250)-590-5266, support@kanoapps.com, or you may click on the “Support” link under “Complaints”, above. (i) Third Party Terms of Agreement. You must comply with any applicable third party terms of agreement when using any Application. (j) Third Party Beneficiary. You and KANO acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.