Kabam, Inc.

Kabam End User License Agreement


FOR USERS IN CHINA: SEE OUR CHINA END USER LICENSE AGREEMENT

对于中国用户:请参阅我们的中国最终用户许可协议

End User License Agreement

Introduction

THIS END USER LICENSE AGREEMENT ("EULA" OR "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU and KABAM, INC. ("KABAM"), governing our use or installation of this mobile application (collectively "Licensed Application"). For purposes of this Agreement "You" refers to any user of the Licensed Application. This EULA, together with all updates, additional terms, software licenses, and all of KABAM's rules and policies including its mobile Terms of Use and Privacy Policy, collectively constitute the "agreement" between You and KABAM. By installing the Licensed Application You are indicating that You agree to these terms. If You do not agree to these terms do not install or use the application. You must accept and abide by these terms as presented to You. Changes, additions, or deletions are not acceptable, and KABAM may refuse access to the Licensed Application for noncompliance with any part of this agreement.

You are contracting with Kabam, Inc., a Delaware corporation.

For European Union ("EU") users only, this EULA and any modification hereof can be downloaded by you directly on your personal device so that you can store these documents.

French, Spanish, and Portuguese users: These Terms and any modifications thereof are available in the French, Spanish, and Portuguese languages upon request. Correspondence related to the Terms may be accepted in the French, Spanish, and Portuguese languages.

The Licensed Application is licensed, not sold, to You for use only under the terms of this agreement, unless accompanied by a separate license agreement issued by KABAM, in which case the terms of that separate KABAM license agreement will govern. As between KABAM and You, KABAM reserves all rights not expressly granted to You in this agreement. The license granted herein confers no title or ownership in the Licensed Application and should not be construed as a sale of any rights to the Licensed Application. All right, title and interest in and to the Licensed Application and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by KABAM or their licensors. Such licensors are third party beneficiaries of this agreement with the right to enforce their rights against You if You violate this agreement. This license granted to You for the Licensed Application by KABAM is limited to a non-transferable license to use the Licensed Application on any iPhone, iPad, iPad Mini or iPod Touch, Android or Amazon Device, that You own or control and as permitted by the applicable rules set forth in the App Store Terms and Conditions, Google Play Terms of Service and, Amazon Kindle Terms of Service (collectively the "Usage Rules"). This license does not allow You to use the Licensed Application on any product that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (including rent, lease, lend, sell, redistribute or sublicense) the Licensed Application. To the extent not prohibited by local applicable law, You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any parts of updates, except regarding use of open source elements components included with this Licensed Application). Any attempt to do so is a violation of the rights of KABAM and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license set forth in this agreement will govern any upgrades provided by KABAM that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

By using this Licensed Application, You acknowledge and accept that KABAM may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application subject to its Privacy Policies and applicable local law. KABAM may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. You also understand that full use of this Licensed Application will require use to collect Your name, date of birth, email address, unique device identifier, type of device, and the name of Your mobile carrier, which will be used in accordance with Kabam’s privacy policy, located at https://www.kabam.com/corporate/privacy-policy.

The Agreement is effective until terminated by KABAM. To the fullest extent permitted by local applicable law, any rights granted herein are subject to termination with or without notice from KABAM if You violate and/or fail to comply with any terms or conditions set forth herein. Once this agreement is terminated, You are no longer entitled to use the Licensed Application. You shall cease all use of the Licensed Application, and destroy any legally made copies or portions thereof, of the Licensed Application. You acknowledge and agree that KABAM reserve the right to grant refunds or issue replacement products or services in its sole discretion.

French Users: The Licensed Application may include a component of fictional credits or currency sometimes called "Points" (collectively, "Virtual Currency"). Refund of money spent to purchase Virtual Currency may be granted provided that termination of this agreement or the Services was abrupt and unjustified, and did not provide you any time to use such Virtual Currency.

The Licensed Application uses tracking technologies, including those native to Your mobile device, as well as Pixel Tags and Log files, consistent with KABAM’s privacy policy. These technologies may enable access to KABAM’s and third party services and web sites, including GPS locator websites (collectively and individually, "Services"). Use of the Services on these sites may require separate Internet access and that You accept additional terms of service.

You understand that by using any of the Services referenced above, or the Licensed Application, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that KABAM shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable to the fullest extent permitted by local applicable law.

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that KABAM is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. KABAM does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties to the fullest extent permitted by local applicable law. Third Party Materials and links to other web sites are provided solely as a convenience to You.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to or from the iPhone, iPad, iPad Mini or iPod Touch are not available in all languages or in all countries. KABAM makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and risk and You are solely responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are also solely responsible for compliance with the rules and/or policies of any such Services or Third Party Materials. KABAM, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. You are also solely responsible for compliance with the rules and/or policies of any such Services of Third Party Materials. In no event will KABAM be liable for the removal of or disabling of access to any such Services. KABAM may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

You understand that KABAM may offer integration with its own and/or with third party Services for Your convenience. Further, You understand that KABAM is not affiliated with, does not endorse, and is not responsible to these third party Services. KABAM is not responsible for the contents of, updates to, or privacy practices of these third parties, which may differ from those of KABAM. The personal data You may choose to give to KABAM by means of registering the Licensed Application with KABAM and otherwise using the Licensed Application shall be governed by KABAM‘s privacy policy located at https://www.kabam.com/corporate/privacy-policy.

You expressly acknowledge and agree that use of the Licensed Application is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is Your responsibility. To the fullest extent permitted by local applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided "as is" and "as available", with all faults and without warranty of any kind, and KABAM hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

To the fullest extent permitted by local applicable law, KABAM does not warrant against interference with Your enjoyment of the Licensed Application in any way, or that defects in the Licensed Application or services will be corrected. No information or advice given by KABAM representatives shall create any warranty. Should the Licensed Application or services prove defective, You assume the entire cost of all necessary servicing, repair or correction to the fullest extent permitted by local applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.

To the fullest extent permitted by local applicable law, in no event shall KABAM be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise), even where You have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. To the fullest extent permitted by local applicable law, in no event shall KABAM’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

UK USERS: NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES KABAM’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY KABAM’S NEGLIGENCE; (B) ANY LOSS SUFFERED BY YOU AS A RESULT OF YOUR RELIANCE ON ANY FRAUDULENT MISREPRESENTATION MADE BY US TO YOU; OR (C) ANY OTHER LIABILITY THAT CANNOT BY LAW BE EXCLUDED OR LIMITED.

Brazil Users: The limitations of liability set forth in this agreement will only be applicable in cases of ordinary negligence.

INDEMNIFICATION. TO THE EXTENT NOT PROHIBITED BY LOCAL APPLICABLE LAW, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KABAM, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE LICENSED APPLICATIONS.

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any dispute of any kind between You and KABAM arising under this agreement shall be resolved by binding arbitration in Los Angeles, California, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the entertainment industry and shall follow California law in adjudicating the dispute. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. UK, France, Italian, Brazil, and Spanish Users: the above article shall be without prejudice to your rights under applicable mandatory law under which you may be entitled to bring a legal proceeding before a local jurisdiction. 
Australian Users: Users who use the Licensed Application or acquire the Services in Australia may be entitled to the guarantees, rights and remedies provided for in the Australian Consumer Law. The provisions of that law prevail over any inconsistent provisions in this Agreement. Users should refer to that law when determining what their rights and obligations are in respect of the Services. Notwithstanding the governing law specified in this Agreement, this Agreement is governed by, and construed in accordance with, the proper law of the Agreement.

Except where otherwise specified, the contents of the Licensed Application are copyright © 2014 Kabam, Inc. All rights reserved.

Back To Top