Terms of Service
Terms of Service
Kings of Games, razvoj mobilnih iger, d.o.o. a limited liability company with its
registered address at Ulica gledališča BTC 2, 1000 Ljubljana, Slovenia ("Kings of
Games", "We", “Us” or “Our”) offers its users various entertaining games that are
available to play on mobile devices.
These terms of service (the "Terms") constitute a legally binding agreement between
end user of the Services (“You”) and Kings of Games governing your online and
offline use of the software and collection of services offered on our website (the
“Site”) and in our apps and their updates, as well as related services (collectively
“Services”), and affecting your legal rights (the “Agreement”).
Please read these Terms and our Privacy Policy as well as other terms referenced in
this document carefully as you must agree to (and comply with) them, accept them
and agree to be bound by them before you may use the Site. ACCESSING OR
USING ANY PART OF THE SERVICES INDICATES THAT YOU AGREE TO ALL OF
THE TERMS AND CONDITIONS IN THE TERMS, AS WELL AS ALL OTHER
RULES, POLICIES AND PROCEDURES RELATING TO OUR SERVICES THAT WE
MAY PUBLISH FROM TIME TO TIME.
If You download the app from any other online market for software applications that
operate on devices powered by the operating system not expressly stated herein,
you acknowledge that You have reviewed and accepted the terms of service
applicable to such market.
Digital environment and law governing it change frequently, thus we reserve the right
to make changes to these Terms at any time. When we do so, we’ll provide you with
prominent notice by displaying it on the Site. Your continued access or use of the
Site in any manner constitutes assent to any existing and new Terms that may be
posted on the Site.
Our Services are offered and controlled by Kings of Games from its facilities in
Slovenia and data related to the Services is hosted in Slovenia. The data that is
collected from our business partners via their SDKs will be stored in accordance with
their privacy policies. If you access or use the Services from other jurisdictions, you
do so at your own risk. We make no representations that the Services are
appropriate or available for use in other locations. You are responsible for knowing
and complying with applicable laws of your jurisdiction. If such laws conflict with your
use of the Services, you are not permitted to use them.
ELIGIBILITY
We offer our Services free of charge. Any person who uses the Services represents
to Us that they are at least 18 years of age, or if under 18 years of age they are
either an emancipated minor, or possess the legal consent of a parent or legal
guardian, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in this Terms, and
to abide by and comply with this Terms.
Subject to full compliance with these Terms, we hereby grant you a personal, limited,
worldwide, non-exclusive, non-transferable license for the term of these Terms to
make use of our Services, as well as to access and make non-commercial, personal
use of the User Game Activity (the “License”).
The sole purpose of this License is to enable you to use and enjoy the benefit of the
Services in the manner permitted by these Terms.
You agree that you are using our Services for your own personal and
non-commercial use and that you will not use our Services or any portion thereof in
any manner not expressly permitted by these Terms and/or applicable law, including
without limitation, reproduce, copy, modify, adapt, create derivative works from,
publish, print, transmit, distribute, display, sell, license, or otherwise transfer and
make available by uploading, posting, emailing, transmitting or otherwise; and will
notdirectly or indirectly induce, instruct or allow any person to do so.
Our software is merely licensed and not sold to you, so We retain all rights, titles and
interests of all copies of our software applications even after installation on your
personal electronic devices.
Our Services also include the generation and maintenance of a record of each user's
game activity, history, statistics, archive, and a public record of play. When you play a
chess game through the Service, a record of the game activity in such a chess game
(“User Game Activity“), may be available to you, other users, and the public. The
User Game Activity may include certain of your information (e.g. your username,
profile picture, and country), which is subject to the license grant in this section.
This record of your User Game Activity is publicly available and can be accessed,
used, and monetized by anyone for any number of purposes, including, but not
limited to, publishing images of your User Game Activity in for example, blogs,
videos, social media posts, game collections, or creating NFTs.
We grant you a limited, nonexclusive license to access, display and use the User
Game Activity, including the User Game Activity of certain games played by other
users on the Service; provided, however, that license is subject to these terms and
does not include any right to: (a) sell, resell or use it commercially; (b) hide, delete,
modify or otherwise make any derivative uses of the User Game Activity, or any
portion thereof; (c) use any data mining, robots or similar data gathering or extraction
methods; (d) download (other than page caching) any portion of the User Game
Activity; except as expressly permitted by us; and (f) use the User Game Activity
other than for their intended purposes. The User Game Activity may include our
trademarks, service marks, logos, trade names, graphics, user interface, design,
and/or other proprietary designations of Kings of Games. You acknowledge that
nothing in this license will be interpreted to grant you any rights to such marks or
design that may be displayed or contained in any User Game Activity, other than the
right to display them as incorporated in the User Game Activity, subject to the
restrictions contained in these terms.
You shall not reverse-engineer, decompile, disassemble or modify our Service or any
portion thereof or circumvent any technology used to protect the Service and the
User Game Activity, unless permitted by applicable law.
These Terms do not entitle You to receive, and does not obligate Us to provide hard
copy documentation, support, telephone assistance or enhancements or updates to
the Services.
Except when expressly stated otherwise, these Terms do not grant you any rights or
license regarding our trademarks and domain names or other brand features, as well
as our copyrights or any other intellectual property rights, whether for commercial or
non-commercial use.
We take intellectual property rights seriously and expect others to do the same.
For the purposes of these Terms, “Intellectual Property Rights” means all patent
rights, trade names, proprietary rights, copyright rights, titles, computer codes,
audiovisual effects, themes, characters, character names, stories, dialog, musical
works, settings, artwork, mask work rights, sound effects, moral rights, rights of
publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights
and other intellectual property rights as may now exist or hereafter come into
existence, and all applications therefore and registrations, renewals and extensions
thereof, under the laws of any state, country, territory or other jurisdiction.
If you are the owner of the intellectual property right or a person authorized to act on
owners’ behalf and believe in good faith that any Content made available through
Kings of Games Services infringes your intellectual property right, please let us
know. You may submit a written notice of alleged copyright/intellectual property rights
infringement to our designated copyright agent at the following address:
or
[email protected]
A notification of alleged copyright/intellectual property rights infringement should
include:
You acknowledge that if you fail to comply with all of the above listed notice
requirements, your notice may not be valid and may not be taken into consideration
or investigated upon.
When properly notified by a rightful person that any Content infringes a copyright, we
shall expeditiously investigate the claim and may in our absolute discretion take
appropriate actions.
Our Service is integrated with third party applications, websites, and services (“Third
Party Services”) to make Services easily available to you and this is the way to
monetize our Services. Such Third Party Services may have their own terms of use,
privacy policies and other conditions of services by which your use of these Third
Party Services will be governed. You understand and agree that we are not
responsible or liable for the content and actions of any Third Party Services or for
any transaction you may enter into with their providers.
If you have downloaded the Our app from the Apple, Inc. (“Apple”) App Store or if
you are using the app on an iOS device, you acknowledge that you have read,
understood, and agree to the following notice regarding Apple. This Agreement is
between you and Kings of Games only, not with Apple, and Apple is not responsible
for the Service and the content thereof. Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the Service. In the
event of any failure of the Service to conform to any applicable warranty, then you
may notify Apple and Apple will refund any applicable purchase price for the app to
you; and to the maximum extent permitted by applicable law, Apple has no other
warranty obligation whatsoever with respect to the Service. Apple is not responsible
for addressing any claims by you or any third party relating to the Service or your
possession and/or use of the Service, including, but not limited to: (1) product liability
claims; (2) any claim that the Service fails to conform to any applicable legal or
regulatory requirement; and (3) claims arising under consumer protection or similar
legislation. Apple is not responsible for the investigation, defense, settlement and
discharge of any third party claim that the Service and/or your possession and use of
the app infringe that third party’s intellectual property rights. You agree to comply
with any applicable third party terms, when using the Service. Apple, and Apple’s
subsidiaries, are third party beneficiaries of this Agreement, and upon your
acceptance of this Agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third party beneficiary
of this Agreement. You hereby represent and warrant that (1) 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 (2) you are not listed
on any U.S. Government list of prohibited or restricted parties.
If you have downloaded the app from Android platform: Android Market “Terms of
Service” (located online at https://play.google.com/store) and the Android Market
Business and Program Policies (located online at
http://www.google.com/mobile/android/market-policies.html), if You are downloading
the app from the Google Play.
Although some of our Services are free to download and/or use, all of our Services
may offer in-app purchases (“In-App Purchases”), whether in the Applications or on
the Website. Even though our free-to-download Applications offer In-App Purchases,
You can play and use all Services and all of the features necessary to progress
within the Services without making any In-App Purchases using real money.
In-App Purchases may be made only upon entering Your app store password and
You are responsible for maintaining the security of such password. Your
authentication and security maintenance is subject to the specific terms of the app
store and the operating system (“OS”) of Your mobile device. You should be aware
of the iOS’ 15-minute and Android’s 30-minute window after downloading an
Application, during which time In-App Purchases may be made without the
insertion of an app store password. You should also take into account that OS
2.1 or older versions of Android mobile phones do not require the entering of
an app store account password to carry out In-App Purchases.
By completing an In-App Purchase You obtain a limited, personal, non-transferable,
non-sublicensable, revocable license to use virtual currency, virtual items, and other
virtual content (“Virtual Items”) within our Application. Virtual Items are not
redeemable or subject to refund and cannot be traded outside of the Application for
money or other items of value. We may manage, regulate, control, modify or
eliminate Virtual Items and the price for Virtual Items at any time, with or without
notice. We shall have no liability to You or any third party in the event that We
exercise any such rights.
In-App Purchases range from USD 0.89 to USD 99.99. All rates are in USD
currency and are subject to change and localization to the local currency, which shall
be done by the app store from which You downloaded the App, meaning that the
prices may vary plus/minus 15%. You should always check the prices in the
Application to get the real values of the Virtual Items You want to buy in Your
territory.
You must either use a credit card or other payment mechanism accepted by us (for
example, PayPal, Apple's iTunes Store, etc.) (“Pay Mechanism”) to buy In-app
purchases or Subscriptions. You authorize us to charge you through the Pay
Mechanism that you use when buying In-app purchase or subscription. You will also
be responsible for charges (including applicable taxes) for any products or services
that you order that are offered for sale through the Services. All prices quoted for
products or services are exclusive of tax, unless otherwise stated. Please note that
we may take steps to verify your Pay Mechanism, which may include initiating a
small (usually about $1.00 or so) authorization to your Pay Mechanism, even if you
receive a free trial, which test authorization will be promptly reversed within the time
period required by payment network rules. If we do not receive payment from the
Pay Mechanism you use, you agree to pay all amounts due hereunder upon our
demand and will be solely responsible for any dispute with your payment provider.
Should the Pay Mechanism provided initially be declined for insufficient funds or any
other reason, we reserve the right to attempt to recharge the Pay Mechanism in full
or in lesser installments of the initially incurred charge for the duration of the Account
subscription you selected and for up to an additional 90 days. You will not be
charged more than the amount for which you purchased your subscription. You will
be solely responsible for all overdraft fees and/or penalties that may be assessed by
your payment provider. We use a third-party service provider to process payments
on our behalf. You acknowledge and agree that in the event the third-party payment
processor experiences a data breach that affects your information through no fault of
ours we will in no way be responsible or liable to you for any such breach.
In-App Purchases are subject to the payment terms and conditions of the mobile
platform (e.g. iOS Platform, Android Platform, Windows Platform, etc.) from which
You make Your purchase. We do not control or manage the payment process.
Please review the relevant terms and conditions of the applicable platform provider
before making any In-App Purchases.
NFT POLICY
Non fungible tokens (»NFTs«) associated with our Services might be available to be
bought, sold, traded and transacted on storefronts and secondary marketplaces via
third party NFT platforms. Kings of Games is not the seller of any NFT available on
NFT platforms, regardless of the fact that some NFTs may include functionality
whereby you can link your Kings of Games account with your NFTs or otherwise use
your Kings of Games account credentials to use NFTs.
We do not warrant or endorse and do not assume and will not have any liability or
responsibility to you or any other person for any such NFT platforms. We do not
control the actions of such platforms, and make no promises or guarantees of any
kind regarding such NFT platforms or your ability to transaction in NFTs associated
with our Services on such NFT Platforms.
You acknowledge and agree that there are risks associated with purchasing and
holding NFTs and using blockchain technology. These include, but are not limited to,
(i) risk of losing access to NFTs due to loss of private key(s),
(ii) custodial error or purchase error,
(iii) risk of mining or blockchain attacks,
(iv) risk of hacking and security weaknesses,
(v) risk of unfavorable regulatory intervention in one or more jurisdictions,
(vi) risks related to token taxation,
(vii) risk of personal information disclosure,
(viii) risk of uninsured losses,
(ix) unanticipated risks, and
(x) volatility risks.
Any purchase or sale you make, accept or facilitate outside of the Service will be
entirely at your risk. We do not authorize, control or endorse purchases or sales of
NFTs outside of the Service. We expressly deny and disclaim any liability to you and
deny any obligation to indemnify you or hold you harmless for any losses you may
incur by transacting or facilitating transactions in any NFTs outside of the Services.
If you have a dispute with one or more third parties or NFT Platform or NFTs related
to our Services, you release us (and our affiliates and subsidiaries, and our and their
respective officers, directors, employees and agents) 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. In entering into this
release, you expressly waive any protections (whether statutory or otherwise) that
would otherwise limit the coverage 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.
ACCESS
You must provide at Your own expense the equipment, Internet connections or
mobile devices and/or service plans to access and use our Services. We do not
guarantee that Our Services are available in all geographic locations. You
acknowledge that when You use Our Services, Your wireless carrier may charge you
fees for data, messaging, and/or other wireless access. Check with Your carrier to
see if there are any such fees that apply to You. You are solely responsible for any
costs You incur to access this application from Your mobile device and/or PC device.
Your right to use Our Services is also predicated on Your compliance with any
applicable terms of agreements You have with third parties when using the Services.
ACCOUNT
Every account has one designated user who must be a person of lawful age under
the laws applicable to the location in which the person resides and who can lawfully
enter into a contract. You are responsible for maintaining the confidentiality of your
password and account information. You agree that: (a) you will provide complete and
accurate registration information about yourself and any individual you authorize to
access your account and keep your account information up to date; (b) you are
solely responsible for all activities that occur under your account; (c) you will notify us
immediately of any unauthorized account use; (d) we are in no way responsible for
any loss that you may incur as a result of any unauthorized use of your account and
password; and (e) you will not sell, transfer, or assign your account or any account
rights. If We learn that an ineligible user has created an account, We may seek
confirmation of the user's status or deactivate the account, without notice to the
ineligible user. If you provide any information that is untrue, inaccurate, not current,
or incomplete, or if we have reasonable grounds to suspect that such information is
untrue, inaccurate, not current, or incomplete, then we will suspend or terminate your
account and refuse any and all current or future use of the Services.
Kings of Games may establish general practices and limits concerning use of the
Services. Kings of Games has no responsibility or liability for the deletion or failure to
store any messages and other communications or other content maintained or
transmitted by the Service. We reserve the right to log off accounts that are inactive
for an extended period of time.
We may, with or without cause, and without prior notice, immediately terminate,
suspend, disable or delete your account, any associated email address, and access
to the Services. Compliance with these does not constitute a promise or guarantee
of future access to the Services. If terminated for actions causing actual,
compensable harms to us (for example, participating in a data breach of Kings of
Games), we shall enjoy all rights and remedies against you, including seeking its
remedies through the courts of the Republic of Slovenia or otherwise.
You agree that all terminations shall be made at our sole discretion and that we shall
not be liable to you or any third party for any termination of your account, any
associated email address, or access to the Services. There is no right to appeal the
termination of a Kings of Games account unless we, in our sole discretion, determine
to provide such an appeal. If you are subject to the GDPR or if you are a domiciliary
of the State of California, termination of your Kings of Games account does not
terminate your right to receive a copy of, or request the deletion of, any personal
data that we hold or process for you.
AVAILABILITY OF SERVICES
Due to the continuous development and growth of our Services, the availability of
Services is subject to change. We will do our best to keep our Services available at
all times. However, we cannot guarantee that the Services will be continuously
available without interruption. By using our services you hereby agree that you are in
direct interaction with another user of our Services, or in interaction with computer
program.
You acknowledge and agree that the form and nature of the Services may change
from time to time without prior notice to you. You further acknowledge and agree that
the Services may be temporarily unavailable for causes beyond our control.
PRIVACY
We view protection of Artists’ and Users' privacy as very important. We use your
information only as described in our Privacy Policy, which is a part of this Terms.
CUSTOMER SUPPORT
If you have any concerns regarding the use of our Services contact us by email:
[email protected]
TERM
The terms of these Terms shall commence on the date You install or otherwise use
the Services and shall end on the earlier of the date of Your disposal of the Services
or Kings of Games’s termination of these Terms. You may terminate these Terms by
uninstalling Our app or ceasing to use the Site. Uninstalling Our app does not result
in a refund of the potential amount paid in it. We reserve the right, using its sole
discretion, to terminate these Terms, request that You remove Our app from Your
device for any reason, including but not limited to Kings of Games’s reasonable
conclusion that You have violated the Terms. Promptly upon termination, You must
cease all use of Our app and destroy all copies of Our app in your possession or
control. Termination will not limit any of Kings of Games’s other rights or remedies at
law or in equity.
We endeavor to provide the best service we can, but you understand and agree that
the service is provided “as is” and “as available”, without express or implied warranty
or condition of any kind. We do not represent or warrant that the site, content, or
security of the transmission of content on the site (i) will be uninterrupted, (ii) will be
free of defects, inaccuracies or errors, (iii) will meet your requirements or (iv) will
operate in the configuration or with other hardware or software you use. We make no
warranties other than those made expressly in these terms, and hereby disclaim any
and all implied warranties including, without limitation, warranties of fitness for a
particular purpose, merchantability and non-infringement.
You use services at your own risk. To the fullest extent permitted by applicable law,
kings of games and all owners of the content make no representations and disclaim
any warranties or conditions of non-infringement.
To the fullest extent permitted by applicable law, kings of games does not warrant
that the service is free of malware or other harmful components and makes no
representation nor does it warrant, endorse, guarantee, or assume responsibility for
any third party applications (or the content thereof), user modified content, or any
other product or service advertised or offered by a third party on or through the
services or any hyperlinked website, or featured in any banner or other advertising.
You understand and agree that kings of games is not responsible or liable for any
transaction between you and third party providers of third party applications or
products or services advertised on or through the service. As with any purchase of a
product or service through any medium or in any environment, you should use your
judgment and exercise caution where appropriate. No advice or information whether
oral or in writing obtained by you from kings of games shall create any warranty on
behalf of kings of games in this regard. Some aspects of this section may not apply
in some jurisdictions if prohibited by applicable law.
You agree that, to the extent permitted by applicable law, your sole and exclusive
remedy for any problems or dissatisfaction with the service is to uninstall any kings
of games software and to stop using the service. While kings of games accepts no
responsibility for third party applications or the content thereof, and while your
relationship with such third party applications may be governed by separate
agreements with such third parties, to the extent permitted by applicable law, your
sole and exclusive remedy, as with respect to kings of games, for any problems or
dissatisfaction with third party applications or the content thereof, is to uninstall
and/or stop using any such third party applications.
To the fullest extent permitted by law, in no event will kings of games, its officers,
shareholders, employees, agents, directors, subsidiaries, affiliates, successors,
assigns, suppliers, or licensors (the “indemnified parties”) be liable for:
(1) any indirect, special, incidental, punitive, exemplary, or consequential damages;
(2) any loss of use, data, business, or profits (whether direct or indirect), in all cases
arising out of the use or inability to use the kings of games service, third party
applications, or third party application content, regardless of legal theory, without
regard to whether kings of games has been warned of the possibility of those
damages, and even if a remedy fails of its essential purpose; (3) any personal injury
and/or property damage or (4) aggregate liability for all claims relating to the kings of
games service, third party applications, or third party application content more than
the amounts you actually paid to the kings of games for using its services during the
prior twelve months in question, to the extent permissible by applicable law.
INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend and
hold the indemnified parties harmless from and against all damages, losses, and
expenses of any kind (including reasonable attorney fees and costs) arising out of or
related to any claim demand or action brought or asserted against any of the
indemnified parties: (1) alleging facts or circumstances that would constitute your
breach of the terms; (2) arising form, connected to or related to the content or any
activity in which you engage on or through the services; and (3) your violation of any
law or the rights of a third party.
You agree that a breach of these terms will cause irreparable injury to kings of
games for which monetary damages would not be an adequate remedy and kings of
games shall be entitled to seek equitable relief in addition to any remedies it may
have hereunder or at law without a bond, other security, or proof of damages.
GENERAL
(1) Scope
These Terms set forth the general terms and conditions which shall govern the
relationship between Kings of Games and its users.
(2) Interpretation
Headings are for reference purposes only and do not limit the scope or extent of
such section and shall not affect the interpretation hereof.
You may terminate the Agreement at any time by either deleting all Our apps or
ceasing to use the Services.
We may terminate the Agreement and cease to provide our Services if required by
law or due to commercial or technical unavailability.
(4) Severability
If any provision of these Terms is held to be invalid or unenforceable, for any reason
or to any extent, such provision shall be struck and the remaining provisions shall be
enforced to the fullest extent permitted by applicable law.
These Terms shall be governed by, construed and enforced in accordance with the
Slovenian laws, without regard to or application of Slovenia’s conflict of law
principles.
(6) Resolution of Disputes
Except as otherwise stated herein, any claim or controversy between the Parties
arising out of or relating to these Terms (including its formation, interpretation,
performance and breach) shall be finally settled by arbitration in accordance with the
Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce
and Industry of Slovenia.
Costs and expenses for the arbitration procedure from the preceding paragraph shall
be divided between the parties according to the success in the arbitration process
Unless otherwise agreed to in writing by the parties, any dispute arising from these
Terms shall be conducted in Slovenian language in Ljubljana, Slovenia.
(7) Waiver
All failure or delay to exercise or enforce any right or provision of these Terms or any
rights under applicable law shall not constitute a waiver of any of those provisions or
rights.
Other than as stated in these Terms or as explicitly agreed upon in writing between
you and Kings of Games, Privacy Policy and these Terms constitute all the terms
and conditions agreed upon between you and Kings of Games and supersedes and
replaces all inconsistent representations, any prior agreements in relation to the
subject matter of these Terms, whether written or oral.
Please note, however, that other aspects of your use of the Services may be
governed by additional agreements, such as, for example, agreements governing
your free or discounted trial versions of our Services or products within the Services.
To the extent that there is any irreconcilable conflict between any additional terms
and these Terms, the additional terms shall prevail.