Effective Date: December 10, 2012
oYou must be at least eighteen (18) years of age to use the Site.
oContent you submit is owned by you and you are responsible for all third party rights and payments. You grant KANO and other users the right to use and exploit your submissions.
oYou may not use the Site, or content created thereon, for commercial purposes or for any illegal purpose.
oYour use of the Site is “AS IS”, without warranty, and will result in no liability of KANO.
5.Key Game Play Requirements and Restrictions
(a)The activities and games on the Site or on other Service are just for you to play with while on the Site. You may not sell or otherwise transfer them to anyone without the prior written consent of KANO.
(b)All KANO user profiles, character actions and content in or on the chat boxes and message boards are created by our users and not by KANO. If you post distasteful, insulting, sexually explicit, racially disparaging, religiously disparaging or other inappropriate content, KANO reserves the right (but not the obligation) to delete it from the Site without notice and to freeze or close your account without any refund of previously purchased virtual currency (including, but not limited to, favour points, UN credits, and other credits) or other virtual items. This rule also applies to inappropriate avatar names. Do not create names that are nasty, insulting, sexually explicit, racist, disrespectful of religions, intended to promote illegal acts or otherwise inappropriate. We can see your messages, so keep it clean and friendly! Do not abuse the chat functions by “spamming” (posting the same message many times) or using them to make “party boards” – this can result in warnings or a frozen account, too! Finally, if you ask for another user’s password or personally identifiable information, for any reason, your account can be frozen or terminated. If you see anything inappropriate on the Site, or if anyone sends you a message that makes you uncomfortable or asks for your password, please contact KANO at Support.
(c)You understand and acknowledge that KANO may supervise user forums and filter content sometimes, but that we don’t have a duty to do this. You understand that bad people can use user forums and that user forums can be dangerous places if you do not use caution and good sense. You agree not to give out any personal information, including your password, your first and last name, your phone number, e-mail address, instant messenger screen name or other contact information and not to ask for personal information from other KANO Games users.
(d)You understand and acknowledge that all purchases of virtual items sold on the Site are final and non-refundable, except, in KANO’s sole and absolute discretion, and are a limited game play license and not a cash account or equivalent. Once you buy any virtual item sold on the Site, all sales are final. Further, KANO may refuse service to any person, or terminate any KANO Games user accounts, at any time with or without notice, in its sole discretion, for any reason or no reason, including if it believes that you are under the age of 18.
(e)Do not give out your password to anyone. KANO will never request your password. If someone does, please contact Support.
(f)You understand and acknowledge that KANO shall bear no responsibility for any issues you may have with any social networking account (whether Facebook, MySpace, Kongregate or any other social networking account) through which you may create or access your KANO Games user account or any Service, and that if your social networking account is disabled for any reason, you are responsible for resolving the matter with the social networking account provider.KANO shall not take any action with your social networking account provider to have your social networking account re-enabled.
6.Ownership of Intellectual Property
7.No Encumbrance of Intellectual Property
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the content of the Service (including the Site Materials other than your own User Content (defined below)), nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Service, except as expressly permitted herein, without the express prior written permission of KANO and the owner of such Site Materials (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you will not acquire any ownership rights (including any rights to license such material) by downloading material from the Service or by purchasing any virtual goods. You can display your personal avatar on your own personal web pages for your noncommercial and personal use ONLY, as long as you write “Copyright 2012 Kano Applications Inc. All Rights Reserved. Used With Permission” on EVERY page on which it appears and you link directly to “Hollywood Zombies”, “Zombie Slayer”, “Pirate Clan”, “Viking Clan”, “Kingdom of Thrones”, or “Mob Wars: La Cosa Nostra”.
Purchases of any virtual item sold on the Site are purchases of a limited non-transferable, revocable license to use that virtual item in the course of game play, for that virtual item’s intended use in the particular KANO Game for which that virtual item is intended. The license may be terminated immediately if your account is terminated for any reason, in KANO’s sole and absolute discretion, or if KANO discontinues providing the Service.
You agree that all purchases of virtual items and virtual currency sold on the Site (including, but not limited to, in-game cash, gold, UN credits, other credits and favour points) are final. No refunds will be given, except in our sole and absolute discretion. You agree that all virtual items and virtual currency (including, but not limited to, in-game cash, gold, UN credits, other credits and favour points) will be forfeited if your account is terminated for any reason, in KANO’s sole and absolute discretion, or if KANO discontinues providing the Services on the Site. You agree that the purchase of virtual items or virtual currency sold on the Site is the purchase of a limited license to a service and you have no property interest in the virtual items or virtual currency.
If you pay for any virtual items or virtual currency (including in-game cash, gold, UN credits, other credits and favour points) and are not credited for those items in game play, contact KANO at Supportwith evidence of your purchase and KANO will, through your user account, provide you with the virtual items for which you paid.
(c)KANO has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at KANO’s cost and expense, to which you hereby consent and irrevocably appoint KANO as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).
(d)Except as otherwise described in this Agreement, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You should also be aware that submissions of User Content may not be secure, and you should consider this before submitting any information to KANO.
(e)You acknowledge and agree that KANO will not have any obligation to review, monitor, display, archive, maintain, accept or exploit any User Content. KANO may delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that KANO reserves the right to treat User Content and/or Collaborative Content (defined below) on the Site, or on certain portions of the Site, as content stored at the direction of users for which KANO will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to KANO’s attention. Such User Content and/or Collaborative Content posted at your or other users’ direction need not, however, be maintained on the Site by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content and/or Collaborative Content on the Site. You also agree and understand that KANO is not obligated to use User Content and/or Collaborative Content and that you will not receive any additional consideration or compensation for your User Content and/or Collaborative Content or for any exploitation thereof.
As a user of the Site, you agree that your User Content, and your conduct on the Site will not:
(a)include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
(b)include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
(c)defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
(d)promote violence or describe how to perform a violent act;
(e)violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
In addition, you shall not, and your activities on the Site and in connection with the Site Materials will not:
(a)create or use more than one account, or create any fake accounts;
(b)reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
(c)attempt to impersonate any other party;
(d)trick, defraud or mislead other users;
(e)engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
(f)disparage, tarnish, or otherwise harm, in KANO’s opinion, KANO and/or the Site Materials;
(h)upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, the Site Materials, Collaborative Content or the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site, the Site Materials or the User Content;
(j)reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site;
(k)upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
(l)except as may be the result of standard search engine or Internet browser usage, use or launch any automated system, including, without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Site or use or launch any unauthorized script;
(m)cover or obscure any notice, banner or advertisement on the Site;
(n)disguise the source of your User Content or other information you submit to the Site;
(o)use tools which conceal your internet protocol address (e.g. anonymous proxy) to access the site;
(p)engage in any act that KANO deems to be in conflict with the spirit or intent of the Service; or
(q)interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Site Materials or the User Content.
You agree to adhere to the following basic rules of conduct when posting on the Forum:
(a)You may not impersonate any person or entity, or forge any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous re mailers.
(b)You may not harass, abuse, threaten or advocate violence against other users or individuals or groups.
(c)You may not post content that infringes on the intellectual property, privacy or other rights of third parties.
(d)You may not post content that is harmful to minors.
(e)You may not post content that is in violation of applicable law.
(f)You may not use the Forum for commercial or advertising purposes, including “spamming,” chain letters or any other form of unauthorized solicitation. Links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or the web site content appears to be intended as a means of solicitation as determined by KANO in its sole discretion.
(g)You may not intentionally interfere with the operation of the Forum or with a fellow user’s message box, including without limitation mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
(h)You may not upload, post or otherwise transmit any content that contains software viruses, Trojan horses, worms, time bombs, or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software or hardware.
While we do not and cannot review every message posted in the Forum, and are not responsible for the content of these messages, we reserve the right to remove or edit messages that we deem abusive, defamatory, obscene, libelous, in violation of copyright or trademark laws, or otherwise unacceptable. We also reserve the right to delete any message from the Forum for any reason without the consent of the author or any other party.
12.Forum Non-Confidential Information and License to Use Communication
You agree that any communication that you post on the Forum is non-confidential. By posting a communication, you grant KANO (or warrant that the owners of the submission have expressly granted) the perpetual, irrevocable, world-wide, non-exclusive right to use the communication (and any content therein) in any manner that KANO deems appropriate, including sub-licensing others the right to use the communication. Such uses may also include without limitation the reproduction, retransmission, distribution, performance or sale of the communication in any media or formats, whether now known or hereafter developed, and the right to edit, adapt, modify and make derivative works based on the communication. You will not receive any money or other compensation for such uses.
13.Forum Disclaimer of Warranties and Limitation of Liability
The majority of the content posted on the Forum is provided by third parties such as you and, as such, is the sole responsibility of the person posting the content. If you use the Forum, you agree to accept sole responsibility for your own communications and the consequences of posting those communications. You also agree to indemnify KANO for any claims, losses, liabilities or expenses (including reasonable attorneys’ fees and costs) that you may incur (whether direct or indirect, actual or contingent) as a result of any such communication.
Although the Forum is administered by Kano support staff personnel who do their best to answer questions, time pressures may prevent them from answering your question in a timely manner. If you need to contact KANO for forum related issues email them directly at Support.
KANO does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on the Forum, regardless of who originates that content. You expressly understand and agree that you bear all risks associated with using or relying on that content. KANO will not be liable or responsible in any way for any content posted or linked to the Forum, including without limitation any errors or omissions in the content, or of any losses or damage of any kind incurred as a result of the use of or reliance on any content.
15.Disputes With Others
You are solely responsible for your interaction with others that you come in contact with through the Site. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site. If you have a dispute with other users, you release the KANO Parties (defined below) from losses, liabilities, claims, demands, and damages (whether direct or indirect, actual or contingent) of every kind and nature, known and unknown, suffered or incurred by you and arising out of or in any way connected with such dispute.
16.Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using your user account, and acknowledge that KANO may change the pricing for any Service or any virtual item at any time without notice.
17.Additions, Changes and Upgrades
(a)add, change, upgrade or discontinue the Site or Service, or any aspect or feature of the Site or Service, including, but not limited to, content, financial terms, availability and equipment needed for access or use; and
any of which is a “Change”.Any such Change will be effective immediately upon notice by posting the Change on KANO’s Service or by any other method of notice KANO deems appropriate.Any use of the Service by you after notice of a Change constitutes acceptance by you of such Change.
18.Disclaimers, Limitations and Waivers of Liability
KANO MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND THE KANO PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT.THE KANO PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES, LIABILITIES, INJURIES OR CLAIMS IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE KANO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE KANO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF LOSS, DAMAGE OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You acknowledge that you do not rely on KANO to monitor or edit the Service and that the Service may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content. Please bring any inappropriate content or user behavior to our attention at: Support.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment and software needed for access to and use of the Site and the Service (including any equipment or software required to install or use any upgrades to the Service and KANO Games from time to time) and you will be responsible for all charges related thereto.
KANO takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material that is or was on our Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact Support.
23.Enforcement and Waiver
KANO shall not be liable for any delay or failure to perform or provide any Service as a result of any causes or occurrences that are outside KANO’s reasonable control, including without limitation acts of God, war, civil unrest or disruption, terrorism, riots, natural disasters, fire, flood, disruption in fuel or energy supply, labour unrest or strike, or epidemic.
29.Governing Law and Dispute Resolution