Kabam, Inc. Terms of Service
- EN: Terms of Service
- FR: Conditions d’utilisation
- IT: Condizioni Generali di Servizio
- DE: Allgemeine Nutzungsbedingungen
- ES: Condiciones de Servicio
- SV: Villkor och bestämmelser
- DA: Betingelser for levering
- NL: Gebruiksvoorwaarden
- TR: Hizmet Şartları
- PT: Termos de Serviço
- PL: Warunki Świadczenia Usług
- RU: Условия предоставления услуг
- JA: サービス利用規約
- KO: 서비스 약관
- ZS: 服务条款
- ZT: 服務條款
Kabam Rewards Program Terms and Conditions
- EN: Terms of Service
- FR: Conditions d’utilisation
- IT: Condizioni Generali di Servizio
- DE: Allgemeine Nutzungsbedingungen
- ES: Condiciones de Servicio
- SV: Villkor och bestämmelser
- DA: Betingelser for levering
- NL: Gebruiksvoorwaarden
- TR: Hizmet Şartları
- PT: Termos de Serviço
- PL: Warunki Świadczenia Usług
- RU: Условия предоставления услуг
- JA: サービス利用規約
- KO: 서비스 약관
- ZS: 服务条款
- ZT: 服務條款
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. These Terms of Service govern use of the websites operated by or on behalf of Kabam, Inc. and/or its affiliates (“Kabam,” “we,” or “us”) and on which these Terms of Service appear, including those at all kabam.com URLs (“Websites”) and the Kabam services provided on or through the Websites and/or accessible through various desktop and mobile web browsers, locally installed mobile web applications, third party platforms including social networking sites (“Third Party Platforms”), and various API services and other services that we may offer from time to time, including without limitation massively multiplayer, social, online and/or other games and applications (including mobile applications), community forums, and blogs (collectively, the “Services”). Your right to use the Websites and/or Services is subject to your compliance with all of the terms and conditions set forth herein.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND KABAM. You are contracting with Kabam, Inc., a Delaware corporation.
1. The Materials The information and materials provided on or through the Websites and/or Services, including without limitation, Virtual Currency (defined below), Site Items (defined below), and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Websites and/or the Services (including any new levels, characters, and in-game items), links, and other content, features and services available on or through the Websites and/or the Services (collectively, the “Materials”), excluding Submissions (defined below), are intended to educate and inform you about us and our business and provide you with access to the Services. THE MATERIALS ARE PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK.
2. Limited License and Right to Use the Materials. The Websites and Services are provided for your enjoyment, and unless otherwise specified on or in the Websites or Services, solely for your own personal use. Kabam hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Websites and Services for your own non-commercial entertainment purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Websites or Services, including without limitation on Third Party Platforms, Kabam reserves the right to revoke your right to use the Website or the Services at any time as further set forth in Section 11 herein. You acknowledge that the time that you spend on or using the Websites and/or Services including without limitation on any Third Party Platforms, is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Websites or Services and/or the Materials. Except as expressly provided herein, Kabam does not grant you any other express or implied rights or license in or to the Materials, Services and/or the Websites, and all right, title and interest that Kabam has in the Materials and/or the Websites rights not explicitly granted to you by Kabam or its licensors are retained by Kabam or its licensors, respectively. Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without Kabam’s or its licensors’ express prior written permission. This includes, but is not limited to scraping user locations, power levels, or utilizing any non public information about game play or other users and migrating that data anywhere.
3. Intellectual Property. You acknowledge that the Materials, Services and Websites are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by Kabam, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Websites, Services and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of Kabam. The trademarks, trade names, trade dress, logos, and service marks displayed on the Websites or any Third Party Platform, including but not limited to the KABAM, PLAY FOR REAL, KINGDOMS OF CAMELOT, KINGDOMS OF CAMELOT: BATTLE FOR THE NORTH, THIRST OF NIGHT, HERO FORCE, GLORY OF ROME, DRAGONS OF ATLANTIS, GLOBAL WARFARE, SAMURAI DYNASTY, and EDGEWORLD marks, logos and trade dress are the registered and/or unregistered trademarks of Kabam, Kabam’s licensors and vendors and/or other third parties. You acknowledge that the Intellectual Property is valid and protected in all media existing now or later developed and under United States and foreign laws. You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property. The Intellectually Property may not be used by you for any purpose without Kabam’s prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Kabam’s, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Kabam. Nothing contained on the Websites or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, Kabam and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
4. Right to Modify. We reserve the right, at any time, to modify, suspend, or discontinue the Websites, the Materials, the Services, or any part or parts thereof with or without notice. You agree that Kabam will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
5. Your Account. In order to access and/or use certain aspects of the Websites and/or Services, we may require you to create a user Account (“Account”). You acknowledge and agree that you have no ownership or other proprietary interest in such Account. To create an Account, we may require or request that you to provide us with certain personal information (e.g., your name and/or e-mail address). Providing Kabam with your personal information is your choice. Each time you decide to provide Kabam with your personal information, you agree to: (a) provide accurate information about yourself as prompted by our registration form (including your current e-mail address) and (b) maintain and update your information (including your e-mail address) to keep it accurate and current. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Kabam has the right to terminate your access to and use of the Websites and/or Services (or any portion thereof) and your participation in any Services contained on or available through the Websites or any Third Party Platform. To create an Account, we may require you to select a username and password. Your username is subject to certain terms and Standards, as set forth in Sections 6 and 9 below. You agree that Kabam has the right in its sole discretion to suspend or terminate your user Account and refuse any and all current or future use of the Websites and/or Services (or any portion thereof).
6. User Name & Password. You acknowledge that you shall be responsible for ensuring that any user
name you select does not infringe
any third party rights or is otherwise unlawful. Kabam may refuse to grant you a username in its sole discretion for
any reason including if it
impersonates or misleadingly implies an association with the persona of another person or entity, is or may be
illegal, is or may be protected by trademark
or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as
determined by us in our sole discretion.
Your selection and use of a specific username does not convey any ownership or rights in that username and Kabam
reserves the right to revoke and/or
reassign that username in its sole discretion. You understand and agree that Kabam reserves the right to change,
remove, alter or delete any username, with
or without prior notice to you, at any time and for any reason in Kabam’s sole discretion. YOU ARE ENTIRELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING
USE OF VIRTUAL CURRENCY, SITE ITEMS,
OR SERVICES ON OR THROUGH THE WEBSITES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF
YOUR USERNAME AND PASSWORD WHETHER OR
NOT AUTHORIZED BY YOU. You agree not to transfer or resell or otherwise convey your Account or the right to use your
Account or rights therein to anyone.
If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password and
(ii) immediately notify us of the
problem by e-mailing us at email@example.com (with the subject line: “Username Password Security Issues”).
You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You agree that Kabam will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by Kabam or another party due to someone else using your Account. Because of this, Kabam strongly recommends that you exit from your Account at the end of each session.
You agree to pay all fees or charges incurred by your Account, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. Kabam may add new products and services for additional fees and charges, or proactively amend fees and charges for Services and/or Materials, at any time in our sole discretion. You represent to Kabam that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.YOU ACKNOWLEDGE AND AGREE THAT THERE ARE NO REFUNDS FOR FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
7. Virtual Currency/Site Items. You acknowledge that the Websites and/or Services may include a
component of fictional credits or currency
sometimes called “Points” (collectively, “Virtual Currency”). The Virtual Currency may be used exclusively within the
Websites to gain access to and
certain limited rights to use virtual items for use exclusively within the Websites and Services (“Site Items”).
Regardless of the terminology used,
Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any
sum of money or monetary value from
Kabam or any other person or entity at any time. Virtual Currency provided by Kabam includes only a limited license
right to use Virtual Currency. Other
than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency on and in
the Websites or Services including in
or for any games, applications or other services provided or offered on or through the Websites and/or Third Party
Platforms, and you agree that you have
no right, title or ownership in or to any such Virtual Currency.
YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO CASH VALUE AND THAT NEITHER KABAM NOR ANY
OTHER PERSON OR ENTITY HAS ANY
OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SITE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL
CURRENCY, AND THAT, IF YOUR
ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS
TERMINATED, THE VIRTUAL CURRENCY,
SITE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.
Kabam reserves the right to charge fees for the right to access or use Virtual Currency or Site Items, and/or may distribute Virtual Currency or Site Items without charge, in its sole discretion. For example, Kabam may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that Kabam may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Site Items and/or any Services at any time except as may be stated in writing. Virtual Currency and Site Items will not expire and will not incur fees for non-use.
You may also obtain a license to use Virtual Currency and/or Site Items by redeeming third party virtual currency, including without limitation Facebook Credits. If you purchase or use Facebook Credits, you are agreeing to Facebook’s terms of service, including without limitation any payment terms, and privacy policies, and Kabam is not a party to any such transactions.
All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Site Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Site Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
Kabam has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and Kabam shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Kabam discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.
Kabam reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. Kabam further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Site Items. While Kabam strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Kabam’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to Kabam that such calculation was or is intentionally incorrect.
9. Online Services/Your Responsibilities. While using any of the Websites and/or Materials, including on or in any Submissions (as defined below), postings or ratings, you agree to follow our community standards and guidelines set forth in “Announcements” or “Stickies” found in the Websites forums (any all such standards are hereby incorporated by reference into these Terms) (collectively, “Standards”). You agree not to:
· Use the Websites or Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
· “Stalk”, harass, threaten, or defraud other Kabam users or any members of Kabam staff, including by bullying, griefing, SHOUTING, flooding, using excessively large images so that the screen goes by too fast to read, or by hitting the return key repeatedly;
· Create a false identity or impersonate another person or entity, including without limitation, identities falsely indicating that you are a Kabam official or representative, message board moderator, guide, another user or host, or that you are a celebrity or public figure;
· Access another user’s Account without permission;
· Send, post, transmit or make available any pornographic, sexually graphic, threatening, embarrassing, hateful, racially or ethnically insulting, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive comments or content, including any uses of characters such as 1@#$% to replace letters and including any topics that may be harmful to or threaten the security of a child or minor;
· Make offers, advertisements or proposals for goods, services, or other commercial activities outside of Kabam;
· Send, post, transmit or make available any unsolicited or inappropriate content, information or Submissions, junk mail, SPAM, chain letters, pyramid schemes, investment opportunities, or other unsolicited or unauthorized commercial or promotional content, information or communications, except as expressly permitted by Kabam as set forth in the Terms or in writing;
· Share Kabam passwords with a third party;
· Send, post, transmit or make available any content, information or Submissions that are subject to intellectual property protection, including, copyright trademark, trade secret or patent rights, or otherwise subject to third party property rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from the owner of such rights to do so and to grant Kabam all the license rights necessary to transmit or maintain such content, information or Submissions;
· Misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Websites, the Services or a Third Party Platform, (such as claiming a created work as your own that is not actually yours);
· Use features of the Websites or Services for anything other than their intended purpose, including exploiting glitches for personal gain;
· Interfere with or disable any security-related features of the Websites or Services, or any part thereof, including any Services available on or through any Third Party Platforms;
· Damage, disable, overburden, or impair the Websites or Services, including any Services available on or through any Third Party Platforms, including by sending, posting, transmitting or distributing anything that contains a virus or other code intended to damage or interfere with the Websites or Services or any portion thereof, or any software, hardware, equipment, system, data, or other information of Kabam or any third party;
· Institute an attack upon any server used in connection with the Websites or Services, or any portion thereof, or otherwise attempt to disrupt such servers or any Services available thereon or on or through any Third Party Platform, including, by hacking or DOS attacks;
· Intentionally interfere with the operation or fair play of any Services available on the Websites or through any Third Party Platform, or any other user’s enjoyment of such Services;
· Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Websites or Materials, including any Services available on or through the Websites or Third Party Platforms;
· Use, develop, or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Websites or Services, or any portion thereof, or any Services available on or through any Third Party Platform;
· Frame or mirror any part of the Websites or Services without Kabam’s written permission;
· Buy, sell or trade Site Items or user Accounts for non-Kabam items (including cash) or vice versa;
· Make improper use of Kabam’s support services, including by submitting false abuse reports;
· Imply or state that any statements you make are endorsed by Kabam without Kabam’s prior written consent;
· Harvest or collect any information about any user of the Websites or Services, including any Services available through Third Party Platforms, including Personal Information or other Account information, including passwords, e-mail addresses, or geo-locations;
· Modify any part of the Websites or Services, including any Services available through any Third Party Platform, for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Websites or Services; or
· Assist, permit or encourage any party in engaging in any of the activities described in the above listing;
While using the Websites or Materials, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations, Kabam has the sole discretion to delete, suspend, terminate or close your user Account, with or without prior notification to you, for any violation of these Terms, including any of the STANDARDS.
10. Forums & Submissions. The Services may include features such as ratings, message boards,
e-mail services, blogs and/or other
forums or areas where you and others can post or transmit information onto or through the Websites or Services,
including through Third Party Platforms
(collectively, the “Forums”), and may redistribute content you send/upload/post to the Websites or through Third Party
Platforms. By sending, posting or
transmitting to Kabam photos, graphics, creative suggestions, ideas or User Ideas, notes, concepts, information,
ratings or other materials (collectively,
“Submissions”) or by posting such Submissions to any area of the Websites (including without limitation, the Forums)
or on Third Party Platforms, you grant
Kabam and our designees and users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable,
royalty-free, perpetual, irrevocable
right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly
display, digitally perform, make, have
made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose
whatsoever, commercial or otherwise,
without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any
obligation, whether of confidentiality,
attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
Information and Submissions contained on our
Forums may be provided by persons not affiliated with us. You must not transmit any Submission to or through the
Websites, Services or Third Party
Platforms, or to Kabam that you consider to be confidential or proprietary, and any Submissions shall be deemed
non-confidential. You are responsible and
liable for any Submissions. You acknowledge and agree that your communications with other users via the Forums are
public and not private communications,
and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that any personal
information that you communicate via the
Forums may be seen and used by others and may result in unsolicited communications. Kabam strongly encourages you not
to disclose any personal information
about yourself in your communications via the Forums. Kabam is not responsible for information that you choose to
communicate via the Forums or Submission.
You acknowledge that a large volume of information is available in our Forums and that people participating in such
Forums occasionally post Submissions or
make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We
neither endorse nor are responsible
for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on
the Websites or Services, through Third
Party Platforms, or in any Forums by third persons or parties. The opinions expressed in the Forums reflect solely the
opinion(s) of the participants of
the Forums and do not necessarily reflect the opinion(s) of Kabam. We are not responsible for any errors or omissions
in articles or postings, for
hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information.
Under no circumstances will Kabam or our
affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any
information or materials obtained
through the Websites, Services, or any Third Party Platform. We have no obligation to monitor the Websites, Services,
any Third Party Platform, or the
Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the
Websites, in the Services, on any Third
Party Platform, or in the Forums. You acknowledge and agree that Kabam has the right (but not the obligation) to do
any or all of the following, at its
sole discretion: (i) alter, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii)
monitor and/or filter any of your
communications through the Forums (including without limitation, by means of blocking or replacing expletives or other
language that may be deemed harmful
or offensive); and/or (iii) disclose any Submission or message or any communication through the Forums, and the
circumstances surrounding the transmission
thereof, to any third party in order to operate the Websites or any Services available thereon or through any Third
Party Platform to (a) protect Kabam and
its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and Kabam’s users
and visitors; (b) to comply with
legal obligations or governmental requests; and (c) to enforce these Terms; or for any other reason or purpose. Not
withstanding anything stated herein, by
posting a Submission you represent and warrant that (a) you own or otherwise control all of the rights including
without limitation, all copyrights, to
your Submission or are otherwise legally entitled to post the submission; (b) the content is accurate; (b) use of the
content you supply does not violate
the Terms and will not cause injury to any person or entity; and (d) you will indemnify Kabam and/or its subsidiaries
and affiliates for all claims
resulting from any content, information, and ratings, including without limitation, all Submissions, you supply,
provide or transmit to Kabam or the
Websites or any Third Party Platform. Kabam has the right, but not the obligation, to monitor and edit or remove any
activity or content. Kabam takes no
responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party.
KABAM RESERVES THE RIGHT TO REMOVE ANY
SUBMISSIONS THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS
OF ANY PERSON, OR IS OTHERWISE
INAPPROPRIATE FOR POSTING OR APPEARING ON THE WEBSITES, IN THE SERVICES, OR IN ANY THIRD PARTY PLATFORM.
Kabam may store Submissions indefinitely. However, Kabam has no obligation to store Submissions or make Submissions available to you in the future and Submissions may be destroyed without your permission with no liability to Kabam for doing so.
11. Termination. Your right to access and use the Websites, Services and Materials will remain
effective until terminated in accordance
with the Terms. Kabam reserves the right to revoke the license granted to you herein, and if we do, Kabam may
terminate your access to and use of the
Websites, Services and Materials and may, in its sole discretion, maintain or delete your Account and any items
associated therewith, including without
limitation any Virtual Currency, Site Items, and Submissions.
If Kabam revokes your license, Kabam will not have any liability to you for any time spent by you, any Virtual
Currency, Site Items and/or Submissions
associated with your Account, or for any other reason whatsoever.
In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that
you may spend accumulating Virtual
Currency, accumulating or creating Site Items, creating Submissions, or accumulating or creating any other digital
and/or virtual objects, and you
understand and agree that you will not be compensated under any circumstances for any Virtual Currency, Site Items, or
Submissions, regardless of whether
you are barred from access to them.
Kabam may suspend, terminate, modify, or delete your Account or rights thereto with or without prior notice to you, at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Terms or for any other reason that Kabam in its sole discretion determines is appropriate. For example, your Account may be deleted and terminated without warning if Kabam believes, in its sole discretion, that you are under 13 years of age; if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or Kabam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to access and use the Websites, Services and Materials, including without limitation the Site Items and Virtual Currency, will immediately cease. Kabam also reserves the right to refuse service to anyone and to remove content, Submissions or Materials for any reason whatsoever in its sole discretion.
You may close your Account by submitting a request here with the subject “Please Close My Account” firstname.lastname@example.org. Kabam may terminate your Account, in its discretion, if it has been inactive for a period of at least 6 months. Your Account will be considered inactive if you do not log on to any Websites or Services using your username and password.
The provisions of Sections 3, 5, 6, 7, 8, 10, 11, 13, 14, 16, 21, 22, 25, 27, 30, 31, 32, 33, 34, 35, 36, and 37 will survive any termination of this Terms of Service.
12. Eligibility. Except as set forth herein, you must be at least 13 years of age to use the Websites or Services, or anything accessible or available on the Websites or through Third Party Platforms, register for an Account, or transmit or post any Submission or any Personal Information to any Forum or Blog or anywhere else on the Websites. By accessing, using and/or submitting content or messages to or through the Websites or Services, including Services available through Third Party Platforms, you represent that you are at least 13 years old or older for United States, United Kingdom or Canadian users, or that you are an adult in any other jurisdictions. Users Aged 13-18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE WEBSITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITES AND/OR SERVICES AND/OR ANYTHING ACCESSIBLE OR AVAILABLE ON THE WEBSITES OR THROUGH THIRD PARTY PLATFORMS. YOU ALSO AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD SHALL BE YOUR SOLE RESPONSIBILITY. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of protections is available from America Links Up: http://www.netparents.org/parentstips/browsers.html.
13. User Ideas. Kabam does not accept or consider from users unsolicited ideas, including ideas for new promotions, products, games, applications, technologies or processes or other ideas (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Websites, Services or Third Party Platforms, or to Kabam through e-mail, that you consider to be confidential or proprietary. You agree that Kabam shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas you submit. You agree that by submitting User Ideas to Kabam, including any concepts, know-how or ideas, you hereby grant Kabam a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Websites or Services, and for Kabam’s (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. Kabam is under no obligation to evaluate, review, or use any User Idea.
14. Acknowledgements. You hereby agree and acknowledge that: (a) Kabam has the right to obtain without notification to you certain information about your computer or software, including without limitation, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification and other lawful purposes; (b) Kabam has the right to obtain without notification to you non-personal information from your connection to the Websites or Services or via any Third Party Platform for demographic or other legal purposes; and (c) Kabam has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including without limitation, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use “hacks.” The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance or believed by Kabam to not be in compliance with the Terms and any and all other Kabam Standards, rules, policies, notices and/or agreements. You acknowledge and agree that you (and not Kabam) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by Kabam, including without limitation, the Websites, Services, or Third Party Platforms, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any websites through which you access Kabam’s products or Services, including the Websites and any Third Party Platforms.
16. Sweepstakes/Contests. From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) on our Websites, via the Services, or through a Third Party Platform. Participation in any Promotion is subject to the official rules or guidelines governing that Promotion. Kabam may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless specifically superseded by Promotion-specific rules. In addition, as a condition to receiving any Virtual Currency or other awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in Kabam marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that Kabam is not responsible for such third parties’ promotions
17. Accessing Materials. Access to the Websites or Materials from territories where their contents are illegal is prohibited. Those who choose to access or use the Websites or Materials from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Users visiting the Websites or Third Party Platforms from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.
18. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Kabam infringe your copyright (for example, materials posted by a user on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the following requirements and specific instructions for submitting a notice to Kabam. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact Kabam’s DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):
· Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
· Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
· Your contact information so that we can contact you (for example, your address, telephone number, email address);
· A statement that you have a good faith belief that the use of the material identified in sub-section ii above is not authorized by the copyright owner, its agent, or the law;
· A written statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
· Your physical or electronic signature.
Please send this written notice to our designated agent as follow:
795 Folsom Street, Suite 600
San Francisco, CA 94107, USA
19. Counter-Notification. If material that you have posted to the Site has been taken down, you may file a counter-notification that contains the following details:
· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
· A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
· Your name, address and telephone number;
· A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Kabam, may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
· Your physical or electronic signature.
Please send this written notice to our designated agent as follows:
795 Folsom Street, Suite 600
San Francisco, CA 94107, USA
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Websites should be sent to Kabam’s DMCA Agent for Notice of claims of copyright infringement at: DMCA Agent, Kabam, Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA, or by submitting a request here email@example.com. (With the subject line “DMCA Communication (from TOS)”).
Kabam’s DMCA Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section. ALL OTHER INQUIRIES DIRECTED TO KABAM’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.
20. Third-Party Offerings. The Websites may include links to other websites or services (including advertisements and payment providers) solely as a convenience to you (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by Kabam of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The content on Linked Sites is not under the control of Kabam. Kabam does not provide or endorse any such Linked Sites or the information, material, products, or services contained on or available or accessible on or through any Linked Sites, nor is Kabam responsible if the Linked Site is not functioning properly. Furthermore, Kabam makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk, and you acknowledge and agree that Kabam is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Websites or available through any Third Party Platforms. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Websites are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Websites or through any Third Party Platform or participation in Promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Kabam is neither responsible nor liable for any part of such dealings or Promotions.
21. Disclaimer of Warranties. THE WEBSITES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KABAM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. KABAM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE MATERIALS (OR ANY PART THEREOF INCLUDING THE SERVICES), THE SUBMISSIONS, THE SERVER(S) ON WHICH THE WEBSITES OR SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF KABAM OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITES AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITES OR ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
22. Limitation of Liability. NEITHER KABAM NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS, SERVICES, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO KABAM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO KABAM IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE WEBSITES OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND KABAM OR A REPRESENTATIVE OF KABAM CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
23. Inaccuracies. A possibility exists that the Websites, Materials, including any Services provided on any Third Party Platform, or Submissions could include inaccuracies or errors, or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Websites or Materials, including any Services available on any Third Party Platform. Although Kabam attempts to ensure the integrity of the Websites and Materials, including the Services on Third Party Platforms, we make no guarantees as to the Websites’ or Materials’ completeness or correctness. In the event that a situation arises in which the Websites’ or Materials’ completeness or correctness is in question, please submit a request here firstname.lastname@example.org (with the subject line “Inaccuracies in Websites or on Third Party Platform Name”) with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Websites or Third Party Platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” above.
24. System Outages. Kabam periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Kabam has no responsibility and is not liable for: (a) the unavailability of the Websites or Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Websites or Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.
25. Indemnification. You agree to indemnify, defend, and hold harmless Kabam, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any allegation that any Submission or other information you post, submit to us or transmit to the Websites or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Websites, the Materials, including any Services available on Third Party Platforms, or Submissions; (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you to the Websites, in the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
26. Notice for California Users. Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210,
27. Statute of Limitations. Any claim or cause of action arising out of or related to use of the Websites, the Materials, including any Services or information available through Third Party Platforms, or the Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.
28. Modifications to these Terms of Service. Kabam has included the effective date of these Terms of Service both on the first and last page of this document. Kabam reserves the right to make changes to any Terms at any time, however, Kabam shall provide notification to you in advance of any changes becoming effective, such as by posting a notification on the Websites or via e-mail. If you continue to access and/or use the Websites or Materials, including any of the Services available through any Third Party Platform, after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Websites and Materials. For this reason, we encourage you to review these Terms any time you access or use the Websites or Materials, and recommend that you print out a copy for your records. Upon our request, you agree to accept or sign a non-electronic version of these Terms of Service and any other policies or agreements set forth or available on or through the Websites or any Third Party Platform.
29. Mobile Terms. The Websites and Materials, including without limitation any Services available through Third Party Platforms, may include versions designed for mobile content that may be viewed on mobile devices (the “Mobile Site”). In order to use the Mobile Site, you must have a wireless mobile device capable of two-way messaging and wireless service (with SMS (text messaging) capability) through a participating mobile service provider. You agree that are solely responsible for all message & data charges that you incur from your mobile service provider for your use of the Mobile Site. These charges may include standard and premium SMS charges and may be a one-time or reoccurring charge. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. Kabam is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages.
30. Notice. Except as explicitly stated otherwise, legal notices will be served on Kabam’s national registered agent or to the e-mail address you provide to Kabam during the registration process. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through your registration for any of the Services or the Websites. In such case, notice will be deemed given three days after the date of mailing.
31. Waiver. The failure of Kabam to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Kabam.
32. Agreement to Arbitrate and Class Action Waiver.
THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.
Before bringing a formal legal case, please first try contacting our Customer Support team or try to find a resolution on one of our forums. Most disputes can be resolved that way.
We Both Agree to Arbitrate . If we can’t resolve our dispute through Customer Service or on our forums, you and Kabam agree to resolve any claims relating to the Terms through final and binding arbitration. This applies to all kinds of claims under any legal theory.
Either of us can bring a claim in small claims court either in San Francisco, California, or the county where you live, or some other place we both agree on, if it qualifies to be brought in that court.
In addition, if you or Kabam brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Kabam may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
No Class Actions . We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Kabam can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Kabam users, and cannot be used to decide other disputes with other users. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 32 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.
The Arbitration Process . Any disputes between you and Kabam relating to the Website or the Services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Kabam agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Kabam relating to the Website or the Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA’s rules about whether the arbitration hearing has to be in-person.
33. Governing Law. The Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California.
34. Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in San Francisco, California. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
35. Severability. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
36. Assignment. The Terms and any related rights and licenses granted hereunder, may not be transferred or assigned by you without Kabam’s prior written consent, but may be assigned by Kabam freely without restriction.
37. Entire Agreement. This is the entire agreement between you and Kabam relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
38. Miscellaneous. No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created
by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and
in no way defines or explains any
section or provision hereof. Kabam’s performance of the Terms is subject to existing laws and legal process, and
nothing contained in the Terms is in
derogation of Kabam’s right to comply with governmental, court, and law enforcement requests or requirements relating
to your use of the Websites,
Services, including without limitation those available through Third Party Platforms, and any information provided to
or gathered by Kabam with respect to
such use(s). A printed version of the Terms and of any notices given in electronic form shall be admissible in
judicial or administrative proceedings based
upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and
records originally generated and
maintained in printed form. The parties agree that all correspondence relating to the Terms must be written in the
English language. Should you have any
questions or concerns regarding these Terms of Service, please contact us through our website located at www.kabam.com
Attn: Question on Terms of Service
795 Folsom Street, Suite 600
San Francisco, CA 94107, USA
Kabam Rewards Program Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THESE PROMOTIONAL PROGRAMS, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE KABAM REWARDS PROGRAM. PLEASE KEEP IN MIND THE REWARDS PROGRAM YOU USE IS PLATFORM DEPENDENT – THE REWARDS YOU EARN ON ONE PLATFORM MAY NOT BE USED IN GAME PLAY ON OTHER PLATFORMS, AND REWARDS MAY FUNCTION DIFFERENTLY WITHIN EACH PLATFORM.
The Kabam Rewards Program consists of three individual loyalty programs: the Kabam.com Web Rewards Program unique to games and activities on the Kabam.com website (“Web Rewards”), the Kabam Android Mobile Rewards Program unique to Kabam mobile games and applications on the Android platform (“Android Mobile Rewards”), and the Kabam iOS Mobile Rewards Program unique to Kabam mobile games and applications on the iOS platform (“iOS Mobile Rewards”) (collectively, the “Participating Platform(s)”) owned or controlled by Kabam, Inc. (“Kabam”) that are available only to registered users on the Participating Platform (“Users”), and may be powered by 500Friends, Inc. or other vendor (“Platform Provider”). The programs are collectively referred to as “Kabam Rewards.” Mobile Rewards are currently available only for Android mobile devices and iOS mobile devices.
You are contracting with Kabam, Inc., a Delaware corporation. Kabam's business registration number is 4228069 and Kabam's registered office is located at 795 Folsom Street, Suite 600, San Francisco, California 94107, United States.
Users accessing and engaging with any Kabam Rewards program in accordance with these Kabam Rewards Terms and Conditions (the “Official Terms”) can earn Points (defined below) by participating in activities described on the Participating Platform. Earned points are then deposited into the User’s Web or Mobile Rewards account and can be used to redeem rewards (“Rewards”) as outlined at https://www.kabam.com/rewards/overview, for Web Rewards, and https://www.kabam.com/mobile/rewards/android, for Android Mobile Rewards, and https://www.kabam.com/mobile/rewards/ios, for iOS Mobile Rewards, (collectively the “Rewards Sites”) and/or for the purposes of allowing Users to participate in rankings, earn recognition for certain activities and other program elements as determined by Kabam from time to time at its sole discretion (collectively the “Program Features”). The Rewards, which are never redeemable for cash, may change from time to time, without notice, at the sole discretion of Kabam, to the extent not prohibited by applicable local law. Kabam Rewards is void where prohibited by law.
If at any time you no longer wish to be enrolled in the Kabam Rewards program, please submit a support ticket through the game interface.
WEB REWARDS AND MOBILE REWARDS PROGRAMS ARE NOT CONNECTED
When you sign up for Web Rewards, you may be asked to set up a Kabam.com account. To redeem Points on Android or iOS Mobile Rewards, you will need to log on / authenticate using Google+, or Facebook, or using a Kabam ID.
Currently, Web Rewards, Android Mobile Rewards, and iOS Mobile Rewards are three separate programs operated on separate platforms, and are not linked to each other, even if the same email address or login information is used to identify two or more accounts. You may not exchange, earn or redeem points for one platform by using another platform. By way of illustration, if you earn points by playing game on your desktop kabam.com, you must redeem those points on kabam.com even if you also have an account associated with your mobile device. If you earn points by playing a game on your Android-based mobile device, you must redeem those points on your Android-based mobile device, even if you have an account on your desktop at kabam.com. Finally, if you earn points playing a game on your iOS-based mobile device, you must redeem those points within that same game on your iOS-based mobile device.
Click here for FAQ about Web Rewards Program.
Click here for FAQ about Android Mobile Rewards Program.
Click here for FAQ about iOS Mobile Rewards Program.
Eligibility, Non-Commercial Use and Acceptance of These Official Terms. Kabam Rewards programs are currently offered only in selected languages and may be open to participation from users outside the United States, depending upon that country’s law regarding loyalty programs, with these Official Terms. Please check your local laws regarding your ability to participate in the Kabam Rewards program.
To participate, Users must: (a) be at least 13 years of age as of the date of their first participation in Kabam Rewards in the United States and Canada, 14 years of age in Spain, and the age of majority in other sovereign territories as of the date of their first participation in Kabam Rewards; (b) possess a valid, active and personal User account in good standing. If you are between the ages of 13 and 18, or are a Spanish resident between the ages of 14 and 18, you may only use Kabam Rewards with the permission of a parent or legal guardian who is bound by these official rules. If you are resident in the United Kingdom and are under 18 years of age, you are not permitted to participate in the Kabam Rewards program.
Kabam Rewards is solely for a User’s personal, noncommercial use. An individual may only have one Web Rewards account, one Android Mobile Rewards account, and one iOS Mobile Rewards account (each an “Account”). Should Kabam discover multiple accounts for the same individual, all accounts will be subject to removal. When registering for Kabam Rewards, you must provide Kabam true, accurate, current and complete information (the “Registration Data”). You must also update your Registration Data as necessary to keep it accurate, current and complete.
By accessing and/or using Kabam Rewards you agree that these Official Terms, together with the Kabam Terms of Services located at https://www.kabam.com/corporate/terms-of-service and other governing agreements posted by us on the Participating Platform (which are incorporated herein by reference) (collectively “Governing Agreements”), are a legally binding contract between you and Kabam, and that you will be bound by the terms and conditions set forth below. If these Official Terms are silent on a subject, the relevant provision of the Governing Agreement shall control on that subject.
Kabam Rewards Points. Kabam Rewards allows Users to earn Points while using, viewing, interacting with, or responding to a Participating Platform, in accordance with the rules of a specific Rewards Program on the Participating Platform and the points earning provisions of these Official Terms. For the purposes of Kabam Rewards, “Points” mean those particular Kabam Rewards measurement increments, which can be used to redeem certain Rewards. Points and their values: (a) are determined by Kabam at its sole discretion; (b) are subject to change without notice; (c) may vary among promotions and activities on the site; (d) are subject to approval; and (e) may be subject to a limit on the amount of points that may be earned during a defined period and/or for specific actions as determined at the sole discretion of Kabam, to the fullest extent permitted by local applicable law. All Points, including but not limited to earning, saving and using, must be used in compliance with these Official Terms. Unless expressly permitted by Kabam, Points have no cash value, are not transferable, may not be sold, and Points cannot be earned after the Kabam Rewards Program is terminated or a User’s account becomes Inactive (defined below), as set forth below. Unless prohibited by applicable local law, unused Points are forfeited upon termination of the Kabam Rewards Program, and upon termination, “unregistration,” or permanent suspension of a User Account.
The provisions in the foregoing sentence do not apply to German residents to the extent a termination, “unregistration” or permanent suspension is not due to good cause.
Participation in Kabam Rewards constitutes acceptance of these Official Terms as modified by Kabam from time to time. These Official Terms may change, in Kabam’s sole discretion, with or without notice to any User, unless such notice is required under applicable local law. To the fullest extent permitted by local applicable law, the Platform Provider shall not be liable to any User for any changes in the Official Terms. If a change occurs, the User’s continued participation in Kabam Rewards shall constitute agreement to the changes to the extent not prohibited by local applicable law.
No Cash Value. There are no membership fees associated with Kabam Rewards. Points accumulated under the Web Rewards or the Mobile Rewards Programs have no cash or trade value.
Earning Points. Subject to change, Users may earn a certain number of Points for particular activities as those Point-earning activities are fully described in the program overview at https://www.kabam.com/rewards/overview for Web Rewards, for Mobile Rewards, in the relevant Rewards Program FAQ (click here for Web Rewards FAQ; click here Android Mobile Rewards FAQ; click here for iOS Mobile Rewards FAQ), or through a particular promotion through which a User is invited to participate. Points and point-earning activities shall be displayed on the Participating Platform and may be recorded for review by Kabam. Points will be deposited in a commercially reasonable time after they are earned. Any inquiries regarding Points not correctly deposited must be received by Kabam within ten (10) business days of the date of alleged accrual of Points. Inquiries should be sent to Kabam Rewards Support, along with the date and time a User believes the Points should have accrued, and the activity engaged in to receive the Points.
Kabam Rewards reserves the right to terminate a User, or ‘unregister’ a User from the Kabam Rewards Program if an account has been Inactive for one (1) consecutive year. “Inactive” is defined as no qualifying play or purchase activity.
- Qualifying Purchases.I n addition to engaging in certain activities, Users can earn Points for qualifying purchases made by the User (“Qualifying Purchases”, as defined below), that are made online at the Participating Platform. All Qualifying Purchases are subject to verification by Kabam before being credited to a User’s account. Points are only awarded for the actual price of an item or service and not awarded for taxes, or shipping and delivery charges, if any.
Point Redemption. Users can earn Web Rewards Points as described on https://www.kabam.com/rewards/overview and the Web Rewards Program FAQ (click here for Web Rewards FAQ). Users can earn Android Mobile Rewards Points as described on https://www.kabam.com/mobile/rewards/android and the Mobile Rewards Program FAQ (click here for Android Mobile Rewards FAQ). Users can earn iOS Mobile Rewards Points as described on https://www.kabam.com/mobile/rewards/ios and the iOS Mobile Rewards Program FAQ (click here for iOS Mobile Rewards FAQ). Web, Android Mobile Rewards points, and iOS Mobile Rewards Points can be earned through a particular promotion through which a User is invited to participate. Depending upon the Reward earned, the User will either receive the Points from Kabam or from the Platform Provider directly.
If Users have problems with their Rewards, they can contact Kabam at https://kabam.secure.force.com/PKB/pkb_contactUs
- Additional Features. From time to time and in its sole discretion, Kabam, at its discretion, may offer premiums and specials to some of its rewards members. These premiums and specials have no cash value and are for entertainment purposes only. Users are not required to accept these offers, but if accepted Users may be required to comply with special terms and conditions associated with them.
Termination. Unless provided otherwise in these Official Terms or prohibited by local applicable law, Kabam Rewards may terminate at any time, for any reason, at its sole discretion, upon notice of termination, including without limitation for violation of a Governing Agreement. Notice of termination shall be provided to Users in the manner Kabam deems reasonable, including but not limited to, posting such notice on the Participating Platform, Forums (as that term is defined in the Kabam Terms of Service located here) or blog. Points may expire, consistent with these terms, and subject to applicable law
Unless prohibited under local applicable law, a User Account may be (i) terminated by User with or without cause at any time, or (ii) terminated or suspended by Kabam at any time, in its sole discretion, without prior notice, for any reason, including, without limitation, violation of these Official terms, or actions which are inconsistent with the letter or spirit of these Official Terms.
Upon termination of a User’s Account and unless prohibited by local applicable law, (i) the User’s right to use Kabam Rewards ceases immediately, and Kabam may immediately deactivate or delete the User’s Web Rewards Account, Android Mobile Rewards Account, iOS Mobile Rewards Account or any combination of these Accounts, in Kabam’s sole discretion, and all related information and files, and/or bar any further access to such files or Kabam Rewards, and (ii) the User shall forfeit any unredeemed Points. Each User agrees that Kabam shall not be liable to User for any termination of a User’s Account or User's access to Kabam Rewards or the Participating Platform.
The following applies only to residents of France, Germany, and Spain: In the event of a termination as described in this section, User will have 30 days after the date termination is announced to redeem previously-earned Points.
Users must redeem and use all Points before expiration or the effective date of termination, unless otherwise expressly permitted by Kabam. However, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Kabam, or the Platform Provider.
If a User objects to these Official Terms or any changes hereto or at any time becomes dissatisfied with Kabam Rewards, User's sole recourse shall be to cease using the Kabam Rewards. User's continuing use of the Kabam Rewards after notification of any change(s) constitutes conclusive evidence of User's acknowledgement of the modification to these Official Terms and User's agreement to be bound by such change(s) to the fullest extent permitted under local applicable law.
Limitations Of Liability. These Rewards Programs and all rewards and Points are provided on an “as is” basis and without warranty, guarantee, or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and noninfringement.
To the extent not prohibited by local applicable law, Kabam and Platform Provider are not responsible or liable for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) a User’s use of the Participating Platform, Points or Rewards; (c) typographical, printing or other errors in the offer or administration of Kabam Rewards; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising; or (iii) accessing Kabam Rewards; (e) mistakes in or changes to the Official Terms, the selection, notification and announcement of the Points or the distribution of Rewards; (f) any direct or indirect damage(s), loss(es), expense(s) or injury(ies) relating to, or arising out of the design, manufacture or use of any Rewards; or (g) any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in Kabam Rewards or by any technical or human error which may occur in the processing of submissions in Kabam Rewards. Kabam assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, points or point accruing activities. Kabam is not responsible for any problems, failures or technical malfunction of any online systems, servers or providers, computer equipment, hardware/software, players or browsers, failure of email or points or point accruing activities due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in this Kabam Rewards.
The following provisions apply only to residents of Germany: Nothing in these Official Terms, including without limitation, this section, Section (e), shall exclude or limit the liability of either party to the other for death or personal injury arising out of negligence, fraudulent misrepresentation, intentional misconduct, gross negligence, product liability, if it furnishes a guarantee, or for any other liability which cannot be excluded or limited by law.
Notwithstanding the foregoing, Kabam’s statutory liability to residents of Germany shall be limited as follows:
- The total aggregate liability for all losses and damages caused by a negligent breach of a material obligation, i.e. a contractual duty the fulfillment of which is essential for the proper execution of these Official Terms, the breach of which endangers the purpose of these Official Terms, and on the fulfillment of which the User regularly relies shall be limited to the damages typically foreseeable at the time the parties entered into these Official Terms;
- Kabam shall not be liable for damages caused by a negligent breach of non-material contractual obligations;
- Insofar as claims to damages exist against Kabam, its employees, agents, or vicarious agents on account of negligence, such claims shall become time-barred one (1) year after they arise, provided the User had actual or constructive knowledge of such claim;
- To the extent Kabam’s liability is limited or excluded under this Section (h), the same shall apply with respect to any personal liability of Kabam’s legal representatives, employees, and vicarious agents.
The following provision applies only to residents of Italy: Nothing in these Official Terms, including without limitation, this section, Section (e), shall exclude liability for gross negligence or willful acts.
The following provision applies only to residents of the United Kingdom: Nothing in these Official Terms shall limit or exclude Kabam’s liability to User for: (i) death or personal injury caused by Kabam’s negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that may not, under English law, be limited or excluded. Subject to this, in no event shall Kabam be liable to User for any business losses. You may only participate in the Kabam Rewards program for non-commercial, personal use and only in accordance with these Official Terms.
Miscellaneous Terms. All federal, state and local laws and regulations apply. Taxes on Points, if any, are the User’s sole responsibility. A Rewards Platform may provide a link to other websites or Internet locations. This is for the Users’ convenience only. The fact that Kabam has provided a link to a website does not signify an endorsement, sponsorship, or affiliation of with respect to such website, its owners or its providers. There are inherent risks in using, or retrieving any information found on the internet, and Kabam urges Users to make sure he or she understands these risks before going to a linked website. Kabam shall not be held responsible for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites.
By participating in Kabam Rewards, Users agree, to the extent not prohibited by local applicable law: (a) to be bound by these Official Terms and by the decisions of Kabam, which are final on all matters pertaining to this Kabam Rewards, and (b) to release, indemnify and hold harmless Kabam and Platform Provider (and their parents, affiliates, subsidiaries, related entities, divisions, distributors, wholesalers, partners, licensees, retailers, sponsors, partnerships, representatives, vendors, contractors, successors, assigns, principals, shareholders, directors, officers, employees and agents, and their advertising, promotion, fulfillment agencies and all other promotional partners) (collectively the “Promotional Partners”) from any liability or claims for damages from (i) altered, late, lost, damaged, destroyed, inaccurate, defaced, misdirected, mutilated, illegible, stolen, delayed, garbled, misrouted, incomplete entries or human, telephone, computer, online or technical malfunctions (including busy lines and disconnections), (ii) their participation, (iii) the awarding, acceptance, receipt, use, redemption, misuse, possession, loss or misdirection of any Points or Rewards or preparing for or participation in any related activity or (iv) all damages or injury to persons or property related to use or misuse of Kabam Rewards. Users agree that Kabam has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through Kabam Rewards. Kabam Rewards is governed by, and these Official Terms shall be construed and interpreted pursuant to, the laws of the State of California, without resort to its principles of conflicts of law, to the extent not prohibited by local applicable law. All federal, state and local laws and regulations apply. The U.N. Convention on the International Sale of Goods shall not apply to this Agreement. Kabam and all entities involved in conducting Kabam Rewards, reserve the right in their sole discretion to limit participation in Kabam Rewards, assess varying Point values to Point earning opportunities, and to terminate or disqualify any User’s involvement in Kabam Rewards. To the fullest extent permitted by local applicable law, Kabam and Platform Provider are not responsible for the inability of a User to accept, redeem and/or use Rewards for any reason, including any third-party’s terms and conditions and/or the terms of business and operations for a particular entity. Normal Internet access and usage charges imposed by a User’s online service shall apply.
If any part of these Official Terms is found to be unenforceable as a matter of law, all other parts of these Official Terms shall be unaffected and remain in force.
The following applies only to residents of France: Any dispute relating to or arising out of the provisions of these Official Terms shall be resolved before a local court in the jurisdiction of both parties’ choosing, and the limitations of Kabam’s liability shall not apply to any claims against Kabam for gross negligence or willful misconduct.
- Entire Agreement. The Governing Agreements constitute the entire agreement between User and Kabam relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between User and Kabam with respect to such subject matter. These Official Terms may not be changed, waived or modified except by Kabam as provided herein or otherwise by written instrument signed by Kabam. These Official Terms or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sub licensable by a User except with Kabam’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. To the extent not prohibited by local applicable law, Kabam may assign, transfer, or delegate these Official Terms or any right or obligation or remedy hereunder in its sole discretion.