This Terms of Service is a legally binding agreement between Kafugwe ("we", "us" and derivatives,
"Licensor" or "Provider" as applicable), and you ("User") as regards our products you download or access,
whether that's a game or something that supports the game.
We kindly ask you to carefully read the terms and conditions of this Terms of Service before using
the Game and/or the Service (see section Defined terms below). Here we explain your rights and obligations
connected with your user experience of the Game and/or the Service. Please note, that downloading or
otherwise using the Game and/or Service means that you fully agree with the terms set forth herein and are
ready to be bound by them.
IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN IN CASE YOU ARE UNDER 13 OR HAVE LIMITED LEGAL CAPACITY)
DO NOT AGREE TO THIS TERMS OF SERVICE PARTLY OR IN FULL, THEN YOU MAY NOT USE OR ACCESS THE GAME AND/OR
THE SERVICE.
To play our Game and be allowed to use the Service, by accepting this Terms of Service you do also
agree with:
· Privacy Policy – a policy that explains what information we collect from you and how we protect
it, for you to be able to play our Game and use our Service.
· Code of Conduct – this is a set of rules regulating users' behaviour and interaction while using
the Game or Service.
Since our Game or Service is distributed to you by external platforms (like Google Play or App
Store) you must also accept and comply with all such platforms terms and conditions. Any breach of any
involved third-party terms and conditions shall be regarded as a material breach of these Terms of
Service.
We need to ensure you are legally eligible to enter into the agreement with us and fully understand these
Terms of Service before their acceptance.
1.1. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, YOU ARE OBLIGED TO
INVITE YOUR PARENT OR LEGAL GUARDIAN TO READ AND CONSENT TO THESE TERMS OF SERVICE.
1.2. You hereby represent and warrant that you have read, clearly understood, and accepted these
Terms of Service in full without any reservations in relation to you or your minor child.
1.3. Parents or legal guardians are legally and financially responsible for all actions of their
minor child using or accessing the Game or Service and their compliance with the Terms of Service.
Throughout these Terms of Service, you will come across some capitalized words. They have specific
meaning which influences your understanding and construing thereof. In this paragraph, we explain the
meaning of such words.
2.1. Certain words or phrases are defined to have the following meanings when used in this Terms
of Service:
· Terms of Service means the text of this document with all its annexes, amendments, and
addendums.
· Additional Features mean paid services related to the organization of the gameplay process
within the framework of the Game, which provide the User with additional gaming opportunities (including
access to Virtual Goods) that expand the functionality of the Game and provide additional gaming
experience.
· Virtual Goods means any virtual items (such as weapon skins), virtual environments or other
content that Licensor makes available for you to access or download through or in connection with the
Game.
· Content means artwork, titles, themes, objects, characters, names, dialogue, catchphrases,
stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions,
Virtual Goods, and any other content within the Game.
To have access to our Game or Service having an Account is required. In this paragraph, we clarify what
legal obligations are imposed on you while creating and using your Account.
3.1. To use the Game or Service, you may need to create an Account.
3.2. Creating and logging an Account requires sharing with us your third-party services data which
are collected and stored in accordance with our Privacy Policy. Loss of access to such third-party service
data may make it impossible to access the Game or Service until the moment the access is restored.
3.3. We are not responsible for or obliged to keep your progress in the Game or Service, ensure
the availability of Additional Features or safety of any monetary or valuable assets in the Account.
3.4. You shall not (or attempt to) purchase, sell, rent or give away your Account, create an
Account using a false identity or information, or on behalf of someone other than yourself. You must keep
all information relating to your Account confidential. You should not disclose your Account ID or
password, secret question or answer to anyone at any time. This includes your friends, children, spouses,
co-workers or co-players.
3.5. You are not allowed to use the Game or Service if you have previously been restricted by us,
or previously been banned from using use the Game or Service.
While downloading and playing the Game and using the Services, it may appear that you own the Game and
allocated stuff copy of which is stored on your Device and therefore you are allowed to do with this copy
whatever you wish. However, the reality is far more complicated. In this paragraph, we clarify the
relationships between us and you as a player of our Game and user of our Service and describe your rights
and obligations hereto.
Intellectual property and ownership
4.1. Subject to your agreement and continuing compliance with these Terms of Service and any other
listed Licensor's policies, we grant you the license to use the Game and Service as stated in these Terms
of Service. This license is:
· non-exclusive (we can grant the same and similar licenses to other Users as well);
· non-transferable (the license is intended only for your benefit, and you are not allowed to
transfer or sub-license such license to any other person or entity);
· revocable (in certain circumstances, which we specify in these Terms of Service, this license
might be terminated);
· personal (you may not use the Game or Service for any commercial purpose);
· limited (you may use the granted rights only in the ways directly specified in these Terms of
Service);
· royalty-free (you may use the Game or Service without the need to pay royalties or license fees
unless otherwise stated for a specific Game or Service);
· worldwide (valid across the globe).
4.2. The License becomes effective on the date you accept these Terms of Service.
4.3. The Game is licensed, and in no case sold, to you under these Terms of Service. Under this
license, you have any title or ownership to the Game or Service.
All rights, titles and interest in and to the Game or Service (including without limitation
titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases,
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 the Game client, and the Game clients and server software) as well as for Accounts, Content
and Virtual Goods) are owned by the Licensor.
To make your gaming experience more memorable and unique, we have introduced additional features to
customize and personalize your Account, in-game weapon, characters, or tools within the Game. Sometimes
these features may be provided on a paid basis. This paragraph is dedicated to an explanation of legal
relationships as regards Additional Features provision and distribution.
5.1. We may offer you a service of Additional Features to be made available by us. You are only
allowed to purchase Additional Features from us or our authorized partners through the Service, and not in
any other way.
5.2. Additional Features may be acquired by:
· Purchasing a service of Additional Features for a fee determined by the Provider;
· Earning a service Additional Features by performing or accomplishing specific tasks in the Game
or as a part of promotional campaigns and offers arranged by the Provider.
5.3. Virtual Goods provided to you in terms of Additional Features service may be used exclusively
for the purposes and byways determined by the Provider and only within the Game or Service.
5.4. Regardless of any references or advertisements we may make outside these Terms of Service,
both Virtual Goods and Content as a part of Additional Features of not sold, transferred, or purchased to
you, but temporarily provided in terms of the Additional Features service and remain the sole property of
the Provider. We allow you to accumulate and manage your Additional Features and may use terms such as
"buy" or "sell" to refer to the grant or transfer of rights to use the Additional Features, but the use of
such terms does not indicate any ownership right.
5.5. Virtual Goods and Content as a part of Additional Features do not have an equivalent value in
real currency and no case substitute for real currency. Virtual Goods and Content as a part of Additional
Features cannot be exchanged for cash, or any goods or services and act as means of payment.
5.6. Additional Features are final, non-refundable, and non-exchangeable (whether or not you use
them), under any circumstances. We may impose limits on the number of Additional Features that may be
ordered, purchased, earned, accumulated, redeemed, or otherwise used within the Game or Service.
5.7. Other than as expressly authorized within the Game or Service, you may not sell, purchase,
redeem, or otherwise transfer Additional Features to any person or entity or attempt any of the aforesaid.
5.8. You may only acquire Additional Features services from us (or from any person that we
directly authorize for this purpose) and you must not obtain Additional Features from any other person or
in any other way or attempt to do so;
5.9. In case you acquire Additional Features from authorized third parties, you must comply with
all the policies, terms, and agreements provided by such third parties.
5.10. The price payable for the Additional Features services will be as set out at our sole
discretion and we reserve the right to change the price of Additional Features at any time;
5.11. When you provide payment information to us or our authorized processor, you represent that
you are an authorized user of the payment card, PIN, key, account, or other payment method specified by
you, and you authorize us or our processors to charge such payment method for the full amount of the
transaction.
5.12. In case of termination of the User's access to the Game or Service under these Terms of
Service (for example, for using Cheats or conducting fraudulent activities), the provision of Additional
Features is also terminated, and the Provider is considered to have fulfilled its obligations to provide
Additional Features in full.
5.12. In case of termination of the User's access to the Game or Service under these Terms of
Service (for example, for using Cheats or conducting fraudulent activities), the provision of Additional
Features is also terminated, and the Provider is considered to have fulfilled its obligations to provide
Additional Features in full.
Sometimes our Users being inspired by our products create and circulate content they create like account
avatars, forum posts, videos, chat posts, voice recordings, profile content, characters, maps, designs,
skins, screenshots, modes, gameplay recordings, animations, sounds, and any other types of works (the User
Content). In this paragraph, we share everything you need to know about the User Content connected with
our Game or Service, how to create and distribute it correctly, and what rights and obligations concerning
such User Content you have.
User Content
6.1. Users of the Game or Service create, download, and use User Content at their own risk. We may
limit, restrict, cancel, prohibit, or in any other way discontinue certain features of the Game or Service
that allow Users to create User Content without notice or liability to you.
6.2. Our possibilities to pre-screen, control, endorse, and manage the User Content are limited
and we do not do these by default. However, to be compliant with these Terms of Service the following
rules have to be obeyed:
· any piece of the User Content that comprises or incorporates any of our intellectual property
rights is our property;
· you must not create and make publicly available any User Content that infringes the intellectual
property rights or privacy or any other rights of anyone else or which is illegal or breaches these Terms
of Service;
· you are solely responsible for your User Content;
· you must not in any way claim or suggest that any User Content is endorsed, sponsored, supported
by, or affiliated with us, other than being hosted by us;
· you must ensure that your User Content complies with all relevant legislation and does not
contain any material which may be considered offensive, defamatory, divisive, or in other ways illegal
according to the laws of your location;
· you waive and agree to waive all rights of authorship, attribution, integrity, disclosure,
withdrawal, and any other rights like "moral rights", "artist's rights", "droit moral", or other similar
rights in and to your User Content;
6.3. If we believe that your use or uploading of User Content breaches any of these conditions,
then we may remove, block, edit, move or disable such User Content without any prior notice to you and to
take any other steps which we consider appropriate.
Feedback and submissions.
6.4. We welcome your feedback, comments, and suggestions for improvements to the Game or Service,
but we do not call for them knowingly. This means that if you share with us, directly or via the Game or
Service or in any other way (social media, digital platforms, etc.), your original creative suggestions,
ideas, notes, drawings, concepts ideas, game ideas, original artwork and all other types of information,
including software and code (Submissions), you do it voluntarily and freely and therefore you have to
comply with the rules stated hereto.
6.5. You assign to us (including as a present assignment of future rights) all intellectual
property rights in Submissions that you send to us to the extent owned by you. If for any reason this
assignment is not effective, then you grant us a worldwide, perpetual, irrevocable and royalty-free
licence to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials,
publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense
(including, without limitation, to third party media channels, platforms, and distributors), publicly
perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties
the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever
in all formats, on or through any means or medium now known or hereafter developed, and with any
technology or devices now known or hereafter developed, and to advertise, market, and promote the same.
6.6. You understand and agree that we are not required to make any use of any Submissions that you
provide. You agree that if we use your Submissions, we are not required to credit or compensate you for
your contribution and will not receive any fees, sums, consideration, or remuneration for any of the
rights granted.
Our Game or Service might guide you to other online places operated by third parties, like advertisers or
content creators. Here's some important information about what you need to know in this regard.
7.1. Our Game or Service may include hyperlinks to resources operated by third parties including
advertisers and other content providers. Those resources may collect data or solicit personal information
from you. We do not control such websites and are not responsible for their content, privacy policies, or
for the collection, use, or disclosure of any information those sites may collect. If you choose to
access, transact with, or otherwise interact with any such third-party services, you do so at your own
risk.
This paragraph is about rules applicable to your behaviour and actions with other Users and third parties
that are connected with your use of the Game or Service.
8.1. You are solely responsible for your interactions with other Users of the Game or Service and
any other parties with whom you interact through the Game or Service.
8.2. While playing our Game and using our Service you must comply with the Code of Conduct which
prescribes the rules of Users' interaction and defines what constitutes prohibited behavior.
8.3. You hereby 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 your behaviour and interaction with others while
using our Game or Service.
We can't guarantee the Game or Service will be available 24/7 without any hiccups. This paragraph provides
our legal notices, meaning we're doing our best to make our products awesome, but they might have
occasional quirks we are not responsible for. In the unlikely event that something goes wrong, we want you
to know we can't be held responsible for certain types of losses or damages.
9.1. THE GAME AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVIDER MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY,
COMPLETENESS, OR AVAILABILITY OF THE GAME OR SERVICE OR ANY CONTENT THEREIN. USERS ARE SOLELY RESPONSIBLE
FOR THEIR USE OF THE GAME OR SERVICE AND ANY RELIANCE ON THE CONTENT. WE DO NOT GUARANTEE THAT THE GAME OR
SERVICE WILL BE AVAILABLE AT ALL TIMES OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WE RESERVE
THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE GAME OR SERVICE AT ANY TIME,
WITH OR WITHOUT NOTICE.
9.2. You acknowledge and agree that you use the Game or Service at your own risk. We shall not be
liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of
the use or inability to use the Game or Service, including but not limited to loss of profits, data, or
goodwill.
9.3. To the maximum extent permitted by applicable law, the Provider, its affiliates, licensors,
and service providers shall not be liable for any indirect, incidental, special, consequential, or
punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss
of data, use, goodwill, or other intangible losses, resulting from (a) the use or inability to use the
Game or Service; (b) any unauthorized access to or use of our servers and/or any personal information
stored therein; (c) any interruption or cessation of transmission to or from the Game or Service; (d) any
bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Game or Service by any
third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result
of the use of any content posted, emailed, transmitted, or otherwise made available through the Game or
Service.
9.4. You agree to indemnify, defend and hold us (and our officers, directors, agents,
subsidiaries, joint ventures, and employees) 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 behaviour.
If either you or we are no longer interested in further cooperation and want to end the agreement based on
these Terms of Service, we describe how and under what conditions any of us can do this.
10.1. Without limiting any other of our rights, we may cancel or suspend your access to our Games
and Service if you breach these Terms of Service automatically without any prior notice.
10.2. You can also terminate the agreement based on these Terms of Service by deleting Games or
Service from all Devices on which you've installed it. Termination will not affect already existing rights
or obligations to us or you.
10.3. Except to the extent required by law, all payments and fees are non-refundable under all
circumstances, regardless of whether or not the agreement based on these Terms of Service has been
terminated.
We state here that even some part of the agreement is deemed invalid, others are in any case enforceable.
11.1. If any provision of these Terms of Service is found to be unenforceable or invalid by a
court of competent jurisdiction, the remaining provisions will remain in full force and effect.
This paragraph says that everything you need to know about the legal aspects of using the game is right
here, in one place.
12.1. These Terms of Service, and any applicable documents, reflect our complete agreement and
supersede any prior agreements, collateral agreements, or implied terms, representations, warranties,
assurances or discussion related to the Game of Service.
We might make some updates to these Terms of Service from time to time. If we do, we'll let you know in
the Game or Service or on our website. Your continued play means you're cool with the changes.
13.1. We reserve the right to modify, amend, or update these Terms of Service at any time. Any
changes will be communicated through the Game or Service or our website, and your continued use of the
Game or Service after such modifications constitutes acceptance of the updated terms.
13.2. If any amendment to these Terms of Service is not acceptable to you, you may terminate the
agreement and must stop using the Game or Service. Your continued use of the Game or Service will
demonstrate your acceptance of the amended Terms of Service as well as your acknowledgement that you have
read the amended Terms of Service.
This paragraph describes how parties' rights under these Terms of Service may be transferred or assigned.
14.1. We may assign our rights and obligations under these Terms of Service in whole or in part,
to any party at any time without any notice. These Terms of Service may not be assigned by you, and you
may not delegate your duties under them, without the prior written consent of the Licensor.
If we don't enforce our rights from these Terms of Service one time, it in no case means we're letting it
slide forever.
15.1. Except as expressly outlined in these Terms of Service, (i) no failure or delay by you or
the Licensor in exercising any of the rights, powers, or remedies under will operate as a waiver of that
or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms of
Service will be effective unless in writing and signed by the party against whom the waiver or
modification is sought to be enforced.
Should you have questions about these Terms of Service, we state our contact details in this paragraph.
16.1. We may notify you through our Game or Service, our websites, via e-mail or any other
communications means to contact information you provide to us.
16.2. All notices made by you or required from you under these Terms of Service or concerning any
other legal issue might be addressed to:
email: [email protected]