Terms of service
Effective Date: 19th June, 2017
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 Kukouri policies, Kukouri 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. The following restrictions apply to the use of the Service:
Login information and Your Account
You shall not share the Account nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of your Account and any information associated with it, and you will be responsible for all uses of the Account, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. Kukouri reserves the right to remove or reclaim any usernames and equivalent 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:
Kukouri 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. Kukouri reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, KUKOURI MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO KUKOURI SERVICES OR PORTIONS THEREOF IF YOU ARE, OR KUKOURI 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 AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND KUKOURI 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 ACCOUNTS 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 ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Kukouri RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Kukouri 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, Kukouri shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. You may terminate your Account at any time and for any reason by informing Kukouri that you wish to terminate your Account, provided that you can present suitable proof of ownership of the account in question.
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, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Kukouri game client, and the Kukouri game clients and server software) are owned by Kukouri. Kukouri 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 ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF KUKOURI.
2.3. Virtual Items
Kukouri owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Kukouri 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 goods or currency appearing or originating in any Kukouri game, whether earned in a game or purchased from Kukouri, or any other attributes associated with an Account or stored on the Service.
2.4. User Content
3. User Content
3.1. Content Screening
Kukouri assumes no responsibility for the conduct of any user submitting any User Content (including any User Conduct or 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 (including without limitation chat text) 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 any content produced with the Service, chat text or voice communications.
If at any time Kukouri chooses, in its sole discretion, to monitor the Service, Kukouri 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
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Kukouri cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Kukouri shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information or content that you post on, through or in connection with the Service and that you provide to others. Kukouri 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 Kukouri violates these Terms of Service.
You hereby grant to Kukouri 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 Kukouri the right to authorize others to exercise any of the rights granted to Kukouri under these Terms of Service. You further hereby grant to Kukouri 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. Kukouri 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. Kukouri 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 Kukouri games. Kukouri reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Kukouri to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Kukouri access to any password-protected portions of your Account. 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.
3.4.1 User Generated Content
Some Kukouri Games and Services may have a chat and/or other user generated content. Use chat responsibly and respect the rights of others. Provide only content 1) that is not defamatory, obscene, offensive or indecent, 2) that is not confidential or proprietary and 3) that does not violate or infringe any third party rights. By providing, you grant Kukouri all licenses needed to enable Kukouri's use of the content for any purpose. Kukouri has the right to revoke your access to chat or any other features of any Game or Service for breaches of these terms.
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 (a) virtual currency, including but not limited to virtual cash or gems / diamonds, all for use in Kukouri games; (b) virtual in-game items (together with virtual currency, Virtual Items); and (c) other goods or services (Merchandise). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
Kukouri may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Kukouri shall have no liability to you or any third party in the event that Kukouri exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service (In the game Portal Worlds you are authorized to transfer, sell and buy virtual items to and from other users using the game's mechanics provided for such transfers. Kukouri is in no way responsible for any possible loss of any items for any reason, including but not limited to interactions between players or actions of any player.). Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Kukouri, 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 Items for use in Kukouri games is a service provided by Kukouri that commences immediately upon acceptance by Kukouri of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Kukouri may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT KUKOURI IS NOT REQUIRED TO PROVIDE A REFUND OR COMPENSATION FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. Kukouri may require that you accept updates to the Service and to Kukouri's games you have installed on your computer. You acknowledge and agree that Kukouri may update the Service and Kukouri 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 Kukouri's Games.
6. Disclaimer of Warranties
WITHOUT LIMITING KUKOURI'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. KUKOURI 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
KUKOURI 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 KUKOURI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KUKOURI SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO KUKOURI 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 KUKOURI DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND KUKOURI'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH KUKOURI IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
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 Kukouri 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 Kukouri'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 KUKOURI. You agree to indemnify, defend and hold Kukouri 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
Kukouri 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 Kukouri 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 Kukouri.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Kukouri are of a unique and irreplaceable nature, the loss of which shall irreparably harm Kukouri and which cannot be replaced by monetary damages alone so that Kukouri 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 Kukouri 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
Kukouri shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kukouri, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kukouri'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.
10.8. Refund policy
As a user of one of our apps / games you are a customer of the retailer app store (eg. Apple or Google) where you have downloaded the app / game. All app stores have their own refund policies that you have agreed to by downloading and using their app store and entering your credit card data. Cardholder can also limit the possibility of making in-app purchases / micro transactions within apps and games on devices holding his or her credit card data.
As a default, as a customer of one of the aforementioned retailer app stores, all refund requests must be made according to their policies and they will make their own decicions.
In case a minor has been using a credit in an unauthorized fashion to make purchases that amount to a considerable monetary value and the cardholder is requesting a refund in excess of the retailer's policies, we will view each case individually. In order to view the case in detail, cardholder need to supply all the payment receipts and codes for individual purchases.
In the case that Kukouri makes a refund it also includes closing down the account(s) on the device(s) used to make those purchases. In the case of a refund, Kukouri withholds a sum of 200€ to cover the expenses. Accordingly sums of less than 200€ will not be refunded. Even in the case of a refund, Kukouri cannot refund the retailer's share of the transaction value, usually 30% of the net value of the purchase.
In case a minor has used your credit card in an unauthorized fashion in one of our games, email firstname.lastname@example.org