Effective Date: November 18, 2016
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Kidga policies, Kidga grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Kidga reserves the right to remove or reclaim any usernames, profiles or records at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
• Engage in any act that Kidga deems to be in conflict with the spirit or intent of the Service or make improper use of Kidga’s support services.
• Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Kidga Game or any Kidga game experience or without Kidga’s express written consent, modify or cause to be modified any files that are a part of the Service or any Kidga game.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Kidga game environment.
• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Servers, or networks connected to the Service by any means other than the user interface provided by Kidga, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
• Post any information (including usernames) that are abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Kidga employees, including Kidga’s customer service representatives.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Kidga employee.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Kidga game, or to obtain any information from the Service or any Kidga game using any method not expressly permitted by Kidga.
• Solicit or attempt to solicit personal information from other users of the Service or any Kidga game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Kidga reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself.
Kidga reserves the right to take action as a result, which may include terminating your Profile and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Profile and Service
WITHOUT LIMITING ANY OTHER REMEDIES, KIDGA MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE PROFILES OR ACCESS TO KIDGA SERVICES OR PORTIONS THEREOF IF YOU ARE, OR KIDGA SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME, PROFILE AND PERSONA AS A RESULT OF PROFILE TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED OBJECTS AND PURCHASED OBJECTS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND KIDGA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER PROFILES OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE PROFILES OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
KIDGA RESERVES THE RIGHT TO TERMINATE ANY PROFILE THAT HAS BEEN INACTIVE FOR 30 DAYS.
Kidga reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Kidga shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Profile can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, catch phrases, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, recordings of games played using a Kidga game client, and the Kidga game clients and server software) are owned by Kidga. Kidga reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF KIDGA.
2.3. Virtual Objects
Kidga owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Kidga games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual currency appearing or originating in any Kidga game, whether earned in a game or purchased from Kidga, or any other attributes associated with an Profile or stored on the Service.
2.4. User Content
3. User Content
3.1. Content Screening
Kidga assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Kidga chooses, in its sole discretion, to monitor the Service, Kidga nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Kidga may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Kidga violates these Terms of Service.
You hereby grant to Kidga an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Kidga the right to authorize others to exercise any of the rights granted to Kidga under these Terms of Service. You further hereby grant to Kidga the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Kidga does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Kidga has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Kidga games. Kidga reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Kidga to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Kidga access to any password-protected portions of your Profile.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. Fees and Purchase Terms
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual objects” (i.e. money, gems). You are only allowed to purchase “Virtual Objects” from us or our authorized partners through the Service, and not in any other way.
Kidga may manage, regulate, control, modify or eliminate Virtual Objects and/or Merchandise at any time, with or without notice. Kidga shall have no liability to you or any third party in the event that Kidga exercises any such rights.
The transfer of Virtual Objects is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Objects or Merchandise to any person or entity, including but not limited to Kidga, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Objects for use in Kidga games is a service provided by Kidga that commences immediately upon acceptance by Kidga of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using a Profile registered to you. Kidga may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT KIDGA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL OBJECTS WHEN AN PROFILE IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. Kidga may require that you accept updates to the Service and to Kidga’s games you have installed on your computer. You acknowledge and agree that Kidga may update the Service and Kidga games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Kidga’s Games.
6. Disclaimer of Warranties
WITHOUT LIMITING KIDGA’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. KIDGA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
KIDGA SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KIDGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KIDGA SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO KIDGA IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO KIDGA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND KIDGA’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH KIDGA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR PROFILE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Kidga may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Kidga’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF KIDGA.
You agree to indemnify, defend and hold Kidga harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution and Law
10. General Provisions
10.2. Supplemental Policies
Kidga may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
10.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Kidga shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Kidga.
We may notify you via postings on open resources (i.e. some e-market), and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the UAB Kidga, LT-03231, Krivių g.5, Baltasis skg.12, Vilnius, Lithuania. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Kidga are of a unique and irreplaceable nature, the loss of which shall irreparably harm Kidga and which cannot be replaced by monetary damages alone so that Kidga shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Kidga game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Kidga shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kidga, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kidga’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.