Thank you for using the products and services of Kaolagame (“Kaolagame”). Kaolagame, its affiliates ("Affiliates") and any of its respective members, officers, directors, and employees are collectively referred to as "Kaolagame", "we", "us", or "our". These Terms of Use ("Terms") reflect the way our business works, and define our relationship with you as you interact with our products and services.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS OF USE REQUIRE DISPUTES, CONTROVERSIES, AND CLAIMS BETWEEN YOU AND KAOLAGAME TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, ALL DISPUTES, CONTROVERSIES, AND CLAIMS BETWEEN YOU AND KAOLAGAME WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. PLEASE READ SECTION 11 OF THESE TERMS CAREFULLY.
1.1 About Us
Your relationship is with the publishing entity for the Services (defined below) that you use and interact with. While these companies may operate under the Kaolagame brand, each is a separate, independent corporate entity with its own business operations and activities.
1.2 Our Services
These Terms apply to the interactive services provided to you through our gaming and software applications, websites operated by us, and any related services (together referred to as our "Services") and your installation and use of any software that we include as part of the Services, including, without limitation, mobile, desktop, and console applications, files, scripts, instruction sets, and related documentation (collectively, the "Software"). Unless expressly stated, references to the Services in these Terms include the Software. In addition, when using our Services, you may be subject to any community guidelines or rules applicable to such Services which may be posted from time to time.
1.3 Age Requirement
Access to certain Services or features of our Services may be subject to age restrictions and may not be available to all users of the Services. If you are a "Minor" who is under the age of 18 (or the applicable age of majority where you live), then you must have your parent or guardian's permission to use certain restricted features within the Services. If you are the parent or guardian of a Minor, and you allow your Minor to use one or more restricted features within the Services, then these Terms apply to you and you are responsible for your Minor's activities on the Services.
1.4 Privacy Policy
Your access and use of the Services is subject to our Privacy Policy at ([www.kaolanetwork.com/Privacy.html
]) incorporated herein by reference. We may store, process, and transmit your data on servers outside of the region where you are located.
1.5
BY USING THE SERVICES, ALONG WITH YOUR EXPRESS CONSENT TO THESE TERMS OF USE, YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.
1.6
We may update these Terms from time to time, and we will use commercially reasonable efforts to notify you of any material changes to these Terms. You understand that you are fully responsible for checking if there are any updates to the Terms. You may refer to the "Last Updated" date of these Terms, which reflects the effective date on which the revised Terms come into effect. If you do not agree to the changes or revisions made to the Terms, you must stop accessing or using the Services immediately. Your continued access and use of the Services after the revisions come into effect will constitute your acceptance of the changes.
2.1 You will make necessary efforts to protect your account information and keep it confidential. You may not share, sell or transfer your account, or any of your rights or obligations under these Terms, to anyone else, or share your account information with others without our prior consent. You shall not collect or harvest any personal data of any user of the Services, including account names.
2.2 If you create a Kaolagame account ("Games Account"), which allows you to access our (and our Affiliates' and partners’) websites and applications, then we may collect and process data associated with the Games Account as it is used on these websites and applications. Such data shall be processed in accordance with our Privacy Policy. If you access or log into the Services using your gaming or social media account (e.g., Apple, Discord, Facebook, Google, LINE, or Twitter, collectively "Third-Party Account"), then you should review and comply with the terms of use of the applicable Third-Party Account provider, as their terms apply in relation to your use of the Third-Party Account. You may be required to sign in through or bind your Third-Party Account to access certain Services. Your personal information may be collected and processed by a third-party provider when you use or access a third-party website or application. Any access or use of third-party websites, applications, or the Third-Party Account is at your discretion. We have no control over these platforms and are not responsible for the third-party provider's performance or failure to perform in any respect, to the extent permitted by applicable law.
3.1 License
Subject to your compliance with these Terms and applicable law, we hereby grant you a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, and limited license to install, access, and use the Services that we make available to you. The license is granted for the sole and exclusive purpose of enabling you to use the Services for your internal and personal purposes. The right of use shall mean the right to use and implement the Services in accordance with their intended purpose, in SaaS mode via a connection to an electronic communications network, or the right to download a single copy of any mobile or computer applications or other software provided to you in connection with our Services.
3.2 Restrictions
(a) You must ensure that any Services that you access or download contain the same copyright and other proprietary notices that appear on or in the Services.
(b) Unless permitted in these Terms, you must not:
(1) host or stream the Services;
(2) allow third parties not acting on your behalf to access the Services;
(3) circumvent technological measures intended to control access to the Services;
(4) develop, distribute, or use with the Services products that circumvent such technological measures;
(5) adapt, modify, translate, arrange, distribute, create derivative works, reverse engineer, disassemble, or decompile the Services; or
(6) duplicate, copy, rent, lease, sell, sublicense, assign, or transfer any portion of the Services or your rights in the Services.
Notwithstanding the foregoing, reverse engineering is permitted for debugging or modification of any LGPL or GPL libraries included as components within the software required to run the Services (if any).
(c) As part of the Services and to keep you informed regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages sent directly to you in connection with the Services.
4.1 Comply with Applicable Law
You must follow all applicable laws, regulations, decrees, orders, injunctions or other mandatory governmental requirements applicable to your location when using our Services. If any applicable law restricts or forbids you from using our Services, then you must comply with such restrictions or stop using our Services.
4.2 Your Interaction with Other Users
You are responsible for your interactions with other users in the Services. We may monitor interactions between users of our Services, but we are not obligated to do so. We cannot be held liable for your interactions with other users, or for any user's actions or inactions. You release Kaolagame and its affiliates (collectively, the “Kaolagame Entities”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with another user. In entering into this release, you expressly and, to the extent permitted under applicable law, waive any protections (whether statutory or otherwise) that would otherwise limit the scope of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
4.3 Content
Users may send, upload, communicate, transmit, generate, or otherwise provide information, data, software, sound, photographs, graphics, video, tags, nicknames/usernames, or other materials ("Content") via our Services. You are solely responsible for any and all Content that you provide via our Services, whether publicly posted or privately transmitted. In order to operate the Services, we must obtain certain license rights from you in your Content so that actions we take in operating the Services are not considered legal violations. By using the Services and uploading your Content, or through your prior consent, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute and modify (for technical purposes, e.g., ensuring content is viewable on smartphones, computers, and other devices) your Content solely as required to operate and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sublicensable, worldwide, and irrevocable (for so long as your Content is stored with us), and include the right for us to make your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our legal obligations. By posting your Content via our Services, you represent and warrant that you have obtained all rights, licenses, consents, permissions, power and authority necessary to grant the rights granted herein for your Content.
4.4 Content Restrictions
Regarding such Content, you agree to comply with applicable law and the following:
(a) You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, promotes hate, politically motivated, pornographic, sexually explicit or otherwise in violation of applicable law;
(b) You will not share or generate any Content that sexualizes minors or is intended to facilitate inappropriate interactions with minors, other users, or the public (e.g., threats of serious bodily injury, threats to public safety, etc.);
(c) You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(d) You will not provide Content that is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality;
(e) You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(f) You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
(g) You will not provide any Content that, in the sole determination of Kaolagame, is objectionable or inhibits any other person from using the Services, or which may expose Kaolagame or its users to any harm or liability of any kind.
4.5 User Conduct
By using our Services, you agree that you will not:
(a) create, use, offer, promote, advertise, make available, or distribute Cheats. “Cheats” means methods not expressly authorized by us (including exploitation of in-game bugs), whether accomplished using hardware or software that influence or facilitate gameplay in a way that gives you or another player an advantage over other players not using such methods. Cheats include automation software that allows automated control of a feature of the game or the Service (bots), such as bots that automatically control a character in a game. Cheats also include, without limitation, hacks (unauthorized access or modification of the Services), mods, or any other unauthorized third-party software purporting to modify, tamper with, scrape information from, copy, or reverse engineer any part of the Services or connect to the Services, such as simulating game user operations, changing the operating environment, modifying data to disrupt other users' game experience through external software, including but not limited to scripts (robots), plug-ins, button wizard software or third-party tools (e.g., multi-instance tools, synchronizers, macro recording, keyboard mapping, cloud devices, etc.);
(b) use our Services for commercial purposes (unless otherwise specified in the Services) or for any purpose that a reasonable person is unlikely to consider fair use, including but not limited to advertising or selling goods or services, attacking or disrupting teammates without cause, intentionally lowering scores, deliberately quitting matches, etc.;
(c) collect any information of other users beyond what is reasonably necessary for using our Services;
(d) unless expressly permitted, transfer Virtual Points or Virtual Goods (defined below) in any way, including but not limited to attempting to trade them for real money or real-world items via any third-party platforms, or attempting to provide mediation, intermediary, or agency services for such transactions (collectively, "Real Money Trading" or "RMT"), including spamming or spreading RMT advertisements within or outside our Services;
(e) attempt to gain unfair advantage or benefits, such as unauthorized use of another person's payment method to purchase Virtual Points or Virtual Goods, repeatedly canceling purchases after receiving benefits, or abusing refund mechanisms;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including failing to disclose sponsorships or endorsements where applicable;
(g) provide misleading or false information to gain access to the Services or to defraud us or other users;
(h) attempt to disable, impair, or destroy the Services;
(i) exploit any bugs, loopholes, or glitches in the Services to gain an unfair advantage; and
(j) use our Services in any other way not permitted by these Terms or any applicable community guidelines or rules, or in violation of applicable law.
5.1
"Virtual Points" means the virtual currencies such as virtual gold coins, crystals and energy points available in the Services. "Virtual Goods" means the items or features for use within our Services, which may include, without limitation, in-game consumables, card packs, chests and other items that are depleted during gameplay.
5.2
Please note that the Services are not being “sold” to you; you have no ownership, title or other proprietary interests in the Services, regardless of whether access was “earned” through gameplay or “purchased” for monetary consideration. When you procure, earn or otherwise obtain Virtual Points or Virtual Goods, you receive a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, limited license to use the Virtual Points or Virtual Goods solely within the applicable Services for your personal and non-commercial use. The license may be limited by or subject to third-party rights; for example, the license may depend on Kaolagame continuing to have rights to content created and owned by a third party. Additionally, the license terminates when we cease to provide the Services, when your account is closed, or when your purchase is canceled. Virtual Points and Virtual Goods have no real-world monetary value and cannot be sold, sublicensed, traded, transferred, or exchanged for money or other consideration, except where we may operate a marketplace that permits you to buy, sell or trade Virtual Goods with other users.
5.3
We may establish certain conditions or limits in connection with Virtual Points, including a maximum amount you may spend to purchase Virtual Points per transaction or per day, a maximum balance that may be credited to your account, and limits restricting certain Virtual Points to a single game offered by us. Any balance of Virtual Points shown in your account does not constitute a real-world balance or reflect any stored value, but instead represents a measurement of the extent of your limited license. In the event that the balance of Virtual Points in your account is negative, we may restrict or limit your access to the Services or certain features of the Services until such balance becomes greater than or equal to $0.
5.4
To the extent that your use of the Services involves Virtual Points, and unless otherwise specified in the Services, the system will first deduct from the balance of Virtual Points that you have paid for ("Top-up Balance") when you make purchases in the Services, and then deduct from the balance of Virtual Points that you earn for free if the Top-up Balance is insufficient. Your purchase will fail if both payment methods are unavailable.
6.1 Updates
We may update our Services from time to time, which may temporarily block your access to the Services and result in the modification or unavailability of content within the Services, including Virtual Goods. The reasons for such updates may include complying with legal or regulatory requirements, improving the user experience, enhancing gameplay, balancing game mechanics, or resolving bugs or issues. We are not liable for any losses incurred by you due to such updates. If an update materially affects your use of the Services, we will make reasonable efforts to inform you of such updates in advance, or, if there are unavoidable circumstances, notify you promptly thereafter.
6.2 Beta Version
If the Services are in a "test period" or "beta version", your access to the Services may be subject to specific rules, such as limited time periods, limited numbers of users, or privileges granted to certain users but not others. We may modify or delete user gameplay data, and the Services may experience interruptions or shutdowns during this period. You may also be required to provide feedback to help us improve the Services. Please review these rules carefully. We make no promises that such Services will become commercially available or remain consistent with the beta version you accessed during the test period.
6.3 Stop Service
We will normally provide reasonable advance notice via our website, app, or game if we plan to discontinue a material core feature of a game or all of the Services in your region.
7.1 Disclaimer
(a) The Services are provided "AS-IS". To the maximum extent permitted by law, Kaolagame, its parents, subsidiaries, Affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively the "Kaolagame Entities") disclaim all representations, conditions, and warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Kaolagame Entities make no commitments about the availability, quality or consistency of the Services.
(b) To the maximum extent permitted by law, the Kaolagame Entities further disclaim any warranty that (1) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (2) the Services and the information related to the Services will be complete, accurate, or reliable; (3) the quality of the Services will meet your expectations; (4) any errors or defects in the Services will be corrected; (5) the Services can be accessed and used on any particular device or with any particular service plan; or (6) the Services are or will be available in any particular geographic location.
(c) To the maximum extent permitted by law, we are not responsible or liable for (1) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; or (2) the operation, compatibility, or interoperability of the Services with any other application or any particular system or device.
7.2 Limitation of Liability
(a) The Kaolagame Entities are not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or related to: (1) the use of or the inability to use our Services; (2) the cost of procurement of substitute goods and services; (3) goods, services, data, or information purchased or received through the Services; or (4) unauthorized access to or alteration of your data.
(b) The Kaolagame Entities' aggregate liability, whether arising out of, or related to contract, tort, strict liability, or otherwise, will not exceed the lesser of (1) the total amount you paid for access to the Services during the six-month period preceding the event giving rise to the liability; or (2) One Hundred U.S. Dollars.
(c) These limitations and exclusions in this section apply to the maximum extent permitted by law.
(d) To the extent permitted by applicable law, your sole and exclusive remedy in connection with our breach, termination or cancellation of these Terms or any term hereof shall be an action for monetary damages. In no event shall you be entitled to enjoin, restrain or otherwise impair in any manner Kaolagame’s or any Kaolagame Entities’ distribution, exhibition, exploitation, advertising, publicity or promotion or any other means of exploitation of the Services or any subsidiary or ancillary rights in connection therewith. This section sets forth the entire liability of the Kaolagame Entities as well as your exclusive remedy with respect to access and use of the Services.
8.1
In case we reasonably determine that you have breached these Terms or any applicable community guidelines or rules, or we reasonably detect suspicious activity on your account, we may take such actions as we deem appropriate to the extent permitted by applicable law, including but not limited to: (i) removing any involved Content; (ii) restoring your gameplay data to the state prior to your breach; (iii) restricting your access to the whole or any part of the Services or your account; (iv) terminating your right to use our Services; (v) taking legal action against you or disclosing relevant information to law enforcement authorities; and (vi) taking any other actions set forth in any applicable community guidelines and rules.
8.2
You understand that you are personally and fully responsible for your behavior while accessing or using our Services and agree, to the maximum extent permitted by law, to defend (at our request), indemnify, and hold harmless Kaolagame and its affiliates (collectively, the “Kaolagame Entities”) from and against all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and costs), arising out of or related to your use of the Services, including but not limited to any breach of these Terms and your violation of any rights of any third party. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
9.1
Kaolagame and the logos and names associated with the Services are our trademarks and service marks. Other marks, names and logos used in the Services are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the trademarks, service marks or logos, as well as other intellectual property rights (including but not limited to design, copyright, patent) associated with and/or underlying the Services ("Intellectual Property").
9.2
We retain all right, title, and ownership in the Services and all associated data and content (including without limitation any Virtual Goods and Virtual Points and collectively referred to as "Work"). The Work is protected by international intellectual property laws.
9.3 Notice of Infringement – DMCA Policy
(a) If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:
(1) identification of the copyrighted work that is claimed to be infringed;
(2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
(3) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
(4) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owner, its agent or the law;
(5) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
(6) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
(b) Notices of copyright infringement claims should be sent by mail to the affiliate address corresponding to the publisher of the Services. All email correspondence should be sent to [publish@kaolagame.com].
It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
(c) A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
10.1 Payment
The Services may permit you to purchase certain products or services ("Offerings"). You acknowledge and agree that all information you provide in connection with a purchase of Offerings, including credit card or other payment information (if applicable), is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including any credit card used when completing a transaction.
To the extent permitted by applicable law, when you purchase Offerings, you:
(a) agree to pay the non-refundable and non-cancellable price for such Offerings as set forth in the applicable Services, and all applicable fees and taxes in connection with your purchase ("Full Purchase Amount"); and
(b) authorize us or our payment processor to charge your credit card or other payment method for the Full Purchase Amount.
Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility. You acknowledge and understand that, except where we are the issuer of the payment method(s) you select, we are not a party to your payment method's agreements, privacy policy, or other terms of use. Nothing in these Terms modifies any such payment method issuer terms. In the event of any inconsistency between these Terms and your payment method issuer's terms, these Terms will govern your relationship with us, and your payment method issuer's terms will govern your relationship with the payment method issuer.
We do not control the availability or accuracy of payment methods (which depends on your payment method issuer and may change at any time), and we take no responsibility and assume no liability for any loss or damages arising from incorrect or incomplete payment information entered by you. We reserve the right to verify whether you are authorized to use a payment method, and may suspend or cancel your transaction if we determine that additional verification is required.
10.2 Subscriptions and Membership
This section applies only if the use of the Services is subject to a subscription or membership. Your membership may begin with a free trial. The free trial period lasts for three (3) days, or as otherwise specified during sign-up. Free trials may not be combined with other offers.
To use the Services, you must have Internet access, an Internet-capable device, and provide one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, which may be updated from time to time and may include payment through a third-party account such as the Apple App Store.
We will begin billing your selected Payment Method for membership fees at the end of the free trial period unless you cancel prior to the end of the free trial. To view membership details (including price and trial end date), you may access your device or account settings and manage your subscriptions. Cancellation methods may vary depending on the platform, version, and device used.
Your Payment Method may be authorized for up to approximately 12 months of service upon registration. In some cases, your available balance or credit limit may be reduced accordingly; however, if you cancel before the end of the free trial, you will not be charged. You will not receive a notice that your free trial has ended or that billing has begun.
Subscriptions and memberships will continue and may automatically renew until terminated. You may cancel at any time; however, unless required by applicable law, THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. You must cancel before renewal to avoid charges for the next billing cycle.
10.3 Refund Policy
(a) UNLESS OTHERWISE PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, ALL PURCHASES WITHIN THE SERVICES ARE FINAL, NON-REFUNDABLE, AND NON-CANCELLABLE.
(b) The following provisions apply if you reside in the European Economic Area ("EEA"), Switzerland, or the United Kingdom:
(1) provided that (i) you have not started downloading or streaming digital content, (ii) you have not waived the right to cancel, and (iii) your Virtual Points balance is greater than or equal to $0, you may cancel within 14 days and receive a refund;
(2) Virtual Points and Virtual Goods are delivered immediately upon purchase (subject to your consent) and are therefore non-refundable; and
(3) subscription services may be canceled within 14 days of the initial transaction date, with refunds adjusted on a pro-rata basis.
(c) The following provisions apply if you reside in the Republic of Korea:
(1) you may cancel digital content within 7 days if it has not been downloaded or used;
(2) in-game consumables delivered immediately are non-refundable once used; and
(3) subscriptions may be canceled at any time, with refunds adjusted proportionally and subject to a 10% penalty if canceled after 7 days.
10.4 Taxes and Third-Party Fees
You must pay any applicable taxes and third-party fees (including, for example, mobile carrier fees, ISP charges, data plan charges, credit card fees, VAT, and foreign transaction fees). We are not responsible for these fees. Please contact your payment provider with questions regarding such charges. We may take steps to collect any outstanding amounts owed. You are responsible for all related collection costs and expenses.
10.5 Promotional Codes
We may offer promotional, referral, discount, or coupon codes ("Promotional Codes") that may be redeemed for benefits related to the Services, subject to additional terms. You agree that Promotional Codes:
(a) must be used lawfully;
(b) must be used only for their intended purpose and audience;
(c) may not be duplicated, sold, transferred, or publicly distributed without our permission;
(d) may be modified, restricted, or disabled at any time without liability;
(e) may only be used in accordance with applicable terms;
(f) cannot be exchanged for cash or equivalent value;
(g) may expire; and
(h) may be withdrawn or amended at our discretion.
11.1 Governing Law
(a) If you reside in the EEA, Switzerland, or the UK, then the laws of England and Wales will govern these Terms, without regard to principles of conflict of laws. Nothing in these Terms limits your right to initiate proceedings under the mandatory laws of your country of residence.
(b) If you reside in North America, then these Terms shall be governed by California law, without regard to principles of conflict of laws. For any Dispute (defined below) deemed not subject to binding individual arbitration, you and Kaolagame agree to submit to the exclusive jurisdiction of Orange County, California, or, if federal jurisdiction exists, the United States District Court for the Central District of California. You and Kaolagame agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s right to remove a case to federal court if permissible).
(c) If you reside outside of the EEA, Switzerland, the UK, or North America, then the laws of Singapore will govern these Terms, without regard to principles of conflict of laws. Nothing in these Terms limits your right to initiate proceedings under the mandatory laws of your country of residence.
(d) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
11.2 Informal Dispute Resolution
We are committed to customer satisfaction and aim to resolve concerns efficiently. As a first step, we encourage you to contact our customer support (available in-game, in-app, or on the official website).
If the issue is not resolved, both you and we agree to attempt resolution through the following informal dispute resolution process before initiating formal proceedings ("Informal Dispute Resolution").
To initiate this process, a party must provide written notice ("Notice"). Notice to us must be sent to: [publish@kaolagame.com].
The Notice must include:
(i) your full name, address, in-game username (if applicable), and contact email address;
(ii) a description of the dispute; and
(iii) the requested resolution.
If we have a dispute with you, we will send Notice to your registered email or account contact details. You are responsible for keeping your account information up to date.
Both parties will attempt to resolve the dispute for sixty (60) days after receipt of Notice. During this period:
(i) neither party will initiate arbitration or court proceedings; and
(ii) applicable limitation periods will be paused.
Either party may request a telephone conference. Each dispute must be handled individually unless otherwise agreed.
If unresolved after 60 days, either party may proceed to arbitration or court in accordance with these Terms.
11.3 ARBITRATION AGREEMENT
(a) Sections 11.3–11.13 are collectively referred to as the "Arbitration Agreement" and apply to the extent permitted by law.
(b) Any dispute, controversy, or claim arising from or related to these Terms or Services that cannot be resolved informally shall be resolved through binding arbitration. This applies to disputes arising before or after termination of these Terms.
(c) Confidentiality. All arbitration proceedings, materials, and outcomes must be kept confidential except where disclosure is required by law or to professional advisors.
(d) Arbitration Rules. Arbitration will be conducted in English before a single arbitrator. Hearings may be held by video unless otherwise agreed.
Requests for arbitration must be sent to: [publish@kaolagame.com]
The request must include:
(1) identifying information of the claimant;
(2) legal claims and factual basis;
(3) requested remedy and estimated value;
(4) confirmation of completion of informal dispute resolution;
(5) proof of payment of filing fees.
11.4 Additional Terms - North America
(a) FAA. These Terms affect interstate commerce, and the enforceability of this Section will be governed by the U.S. Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and federal arbitration law.
(b) Rules and Forum. The arbitration shall be administered by National Arbitration and Mediation ("NAM") in accordance with its Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect when the arbitration is commenced, as modified by these Terms. The NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules") will apply if twenty-five (25) or more similar claims are asserted ("Mass Filing").
If NAM is not available, the parties will select an alternative arbitral forum. Fees and costs shall be governed by the applicable NAM Rules. Claims must be initiated within the applicable statute of limitations.
(c) Batch Arbitration
You agree that if there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against us within a ninety (90) day period, NAM shall:
(i) administer claims in batches of up to 100;
(ii) appoint one arbitrator per batch; and
(iii) resolve each batch as a consolidated arbitration ("Batch Arbitration").
Statutes of limitation will be tolled during this process.
(d) Arbitrator
The arbitrator will be a neutral party (retired judge or licensed attorney in California). The arbitrator has authority to resolve disputes except for class action waiver issues, which remain subject to court jurisdiction.
11.5 Additional Terms - EEA, Switzerland, or the UK
We encourage use of Informal Dispute Resolution.
If you reside in the EEA, you may contact your national consumer center.
Disputes not resolved informally will be handled in the courts of London, England, unless prohibited by law.
Consumers may also bring proceedings in their country of residence.
11.6 Additional Terms - Rest of World
If you reside outside North America, EEA, Switzerland, or the UK:
Disputes shall be resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under its rules.
The seat of arbitration is Singapore.
Parties will attempt mediation through the Singapore International Mediation Centre ("SIMC") before arbitration.
Fees are governed by SIAC rules.
11.7 Arbitration Award
The arbitrator’s award is final and binding. Judgment may be entered in any court of competent jurisdiction.
11.8 Costs of Arbitration
Each party bears its own legal costs unless the arbitrator determines a claim was frivolous or improper.
11.9 Waiver of Class Actions
To the maximum extent permitted by law:
You and we agree to bring disputes only on an individual basis and not as part of any class or representative action.
No consolidation of claims is allowed without mutual consent.
11.10 Jury Trial Waiver
To the maximum extent permitted by law, you and we waive the right to a jury trial.
11.11 Opt-Out
You may opt out of this Arbitration Agreement by sending written notice within 30 days to:
👉 [publish@kaolagame.com]
Your notice must include:
your name and address
in-game username
clear opt-out statement
11.12 Modification
We may modify this Arbitration Agreement in the future.
Changes will be posted and may take effect after notice.
If you do not opt out within 30 days, continued use constitutes acceptance.
Changes do not apply retroactively to existing claims.
11.13 Exceptions
Notwithstanding the above:
(a) either party may bring claims in small claims court;
(b) either party may seek injunctive or equitable relief for intellectual property disputes.
12.1 English Version
The English version of these Terms shall be the version used for interpreting and construing these Terms.
12.2 Non-Assignment
You may not assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our prior written consent, and any such attempt will be void. We may assign or transfer our rights under these Terms to a third party without your consent.
12.3 Entire Agreement
These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous agreements or understandings between you and us.
12.4 Severability
If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect, and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
12.5 No Waiver
Our failure to enforce or exercise any provision of these Terms shall not constitute a waiver of that provision.
12.6 Contact Us
If you have any questions about these Terms, please contact us via in-game customer support or through the official website of our Services.
13.1 California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
14.1 Mobile Applications
The following terms and conditions apply to you only if you are downloading Software from the Apple App Store (hereinafter, the "App"). To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and we acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we, 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. You must comply with applicable third-party terms of agreement when using the App. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.