KAZAP: A TRANSMEDIA PRODUCTION STUDIO

TERMS OF SERVICE

These terms create a legal agreement between you and Kazap Company or between you and any different service provider identified for a particular Kazap Company Service.  You must read and agree to these terms before using Kazap Company Services. (“Services”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy. We may immediately terminate this agreement with respect to you (including your access to the Kazap Company Services) if you fail to comply with any provision of these terms.

 

You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and use our Services.

 

You can access these terms at any time at http:www/kazapme.com/terms.html. We can make changes to these terms at any time and your continued use of our Services shall confirm your acceptance of the updated terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Kazap Company Services.  If you do not agree to any change to these terms, you must discontinue using the Kazap Company Services.

 

- Disclaimers and Limitation on Liability

THE KAZAP COMPANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

 

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

 

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

 

- About accessing and using our Services

The Kazap Company Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. The Kazap Company  Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Kazap Company  Services are owned by us or our licensors or licensees.  Except as we specifically agree in writing, no element of the Kazap Company  Services may be used or exploited in any way other than as part of the Kazap Company  Services offered to you. You may own the physical media on which elements of the Kazap Company  Services are delivered to you, but we retain full and complete ownership of the Kazap Company Services.  We do not transfer title to any portion of the Kazap Company  Services to you.

 

If a Kazap Company Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.

 

You may not circumvent or disable any content protection system or digital rights management technology used with any Kazap Company Service; decompile, reverse engineer, disassemble or otherwise reduce any Kazap Company Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Kazap Company Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.  You may not access or use any Kazap Company Service in violation of United States export control and economic sanctions requirements.  By acquiring services, content or software through the Kazap Company Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.

 

The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.

 

When you access the Kazap Company Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain Kazap Company Services may be prohibited or restricted by your network provider and not all Kazap Company Services may work with your network provider or device.

 

We have the right to withdraw or modify one or more of our Story Worlds or any other part of our Services (in whole or in part) without liability to you from time to time: for technical reasons (such as technical difficulties experienced by us or on the internet); to allow us to improve user experience; where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services); because it no longer makes business sense for us to provide the relevant Story World or part of our Services; or because we have altered the services we provide.

 

There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

 

- Accounts

You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.

 

If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

 

We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

 

We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any Goods associated with that account and no refund will be offered to you in relation to the same.

 

You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Story Worlds and any Virtual Items associated with your account).

 

- Digital Content and Virtual Items

We may make applications, games, software or other digital content available on the Kazap Company Services for you to license for a one-time fee. When purchasing a license to access such material from a Kazap Company Service, charges will be disclosed to you on the Kazap Company Service before you complete the license purchase.

 

Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Kazap Company Services.  Virtual items (including characters and character names) or in-game currency purchased or available to you in the Kazap Company Services can only be used in connection with the Kazap Company Services where you obtained them or where they were developed by you as a result of game play.  These items are not redeemable or subject to refund and cannot be traded outside of the Kazap Company Services for money or other items for value.  We may modify or discontinue virtual items or in-game currency at any time.

 

Refunds will not be granted to digital content or virtual items.

 

- User conduct and content

You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

 

You promise that all the information you provide to us on accessing and/or accessing our Services is and shall remain true, accurate and complete at all times.

 

Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

 

You agree not to upload, communicate, transmit or otherwise make available any Content: that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; that is or could reasonably be viewed as invasive of another’s privacy; that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); which infringes any intellectual property right or other proprietary right of others; which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

You agree that you will not: use our Services to harm anyone or to cause offence to or harass any person; ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms); sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods; disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges; disobey any requirements or regulations of any network connected to our Services; use our Services in violation of any applicable law or regulation;

use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or use our Services in any other way not permitted by these terms. Create more than one account per platform to access our Services; use another person or entity’s email address in order to sign up to use our Services; use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services); disguise, anonymise or hide your IP address or the source of any Content that you may upload; use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services; interfere with or disrupt our Services or servers or networks that provide our Services; attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

 

We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.

 

You are solely responsible for your interactions with other users of our Services.

 

- Submissions and Unsolicited Ideas Policies

Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials.  In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

 

- Privacy

We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use our Services.

 

Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you play our Story Worlds and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Story Worlds more enjoyable for you and others that play our Story Worlds on that social network. If you do not agree to these practices you should not allow our Story Worlds to interact with your social network.

 

We may use cookies, or similar technologies (such as HTML5 Local Storage) to store certain types of information each time you use our Services. They may for example be used to help us recognise your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Policy.

 

- Links

We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

 

- Competitions

Competitions that you enter on a Kazap Company Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.

 

- Entries

Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content.  We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental authorization was not provided.  Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted.  Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.

 

We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice.  We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically.  If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.

 

- Eligibility

To enter a competition, you must be a registered user of the Kazap Company Services and have an active account with current contact information.  No purchase is necessary to enter a competition and a purchase will not improve your chances of winning.  Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition.  If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s permission before we can accept your entry.  We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person.  Competitions are void where prohibited or restricted by law.  Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.

 

- Prizes

No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value.  Prizes cannot be transferred (except to a child or other family member) or sold by winners.  Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded.  Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize.  All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.

 

Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation.  As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.

 

- Choice of Law

These terms are governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any conflict of law principles.

 

- Binding Arbitration

You and Kazap Company agree to arbitrate all disputes between you and Kazap Company or its affiliates.  “Dispute” includes any dispute, action or other controversy between you and us concerning the Kazap Company  Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.

 

In the event of a dispute, you or Kazap Company must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested.  You must send any notice of dispute to Kazap Company Attention: Legal/Arbitration Notice, me (@) kazapme.com. We will send any notice of dispute to you at the contact information we have for you.  You and Kazap Company  will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.  After sixty (60) days, you or we may commence arbitration.  You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

 

If you and Kazap Company do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.  Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.  For more information, visit www.adr.org or, in the United States.  Arbitration may be conducted in person, through the submission of documents, by phone, or online.

 

- Severability

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

 

These terms were last updated on Feb, 2016.