Terms & Conditions
Effective as of January 2016
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” the “Authorized User”) AND KNeoWorld Inc. BY DOWNLOADING, ACCESSING, OR USING ANY PART OF THE KNeoWorld PLATFORM (AS MADE AVAILABLE FROM THE KNeoWorld WEBSITE FOUND AT www.KNeoWorld.com (the “KNeoWorld Inc. Website”), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE KNeoWorld PLATFORM AND ANY RELATED GAMES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE KNeoWorld PLATFORM OR PROVIDED BY KNeoWorld INC., IN CONNECTION WITH THE KNeoWorld WEBSITE (collectively, for purposes of this TOS, the or this “KNeoWorld Platform”). KNeoWorld INC., IS WILLING TO LICENSE THE USE OF THE KNeoWorld PLATFORM TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE KNeoWorld PLATFORM AND ARE INSTRUCTED TO EXIT THE KNeoWorld PLATFORM IMMEDIATELY AND CEASE ALL USE OF ANY RELATED GAMES, MATERIALS, OR INFORMATION.
TERMS AND CONDITIONS
1. LICENSE GRANT
The KNeoWorld Platform is provided by KNeoWorld Inc., and this TOS provides to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the KNeoWorld Platform conditional on Your continued compliance with the terms and conditions of this TOS. This TOS permits You to use and access, for personal and noncommercial purposes only, the KNeoWorld Platform and any games available therefrom, which shall be in the form of compiles or executable code; (i) on a, mobile device or computer and (ii) from the Internet or through an online network (so long as such access occurs through a mobile device or computer). You may also load a copy of any downloaded information or materials from the KNeoWorld Platform into your mobile device or computer and print the download materials and information from the KNeoWorld Platform and distribute the materials and information in accordance with their intended use provided that all hard copies contain all legends, notices and identification markers associated with authenticating documents or identifying proprietary rights. If You are using the KNeoWorld Platform or agreeing to this TOS on behalf of children under the age of 18, please note that agreement by You to this TOS will constitute agreement by You on behalf of yourself and the children.
You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the KNeoWorld Platform. Moreover, You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the KNeoWorld Platform or in any way reproduce or circumvent the navigational structure or presentation of the KNeoWorld Platform to obtain or attempt to obtain any games, materials, documents, or information through any means not purposely made available through the KNeoWorld Platform, (ii) attempt to gain unauthorized access to any portion or feature of the KNeoWorld Platform, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the KNeoWorld Platform or to any KNeoWorld Inc., server or to any of the services offered on or through the KNeoWorld Platform, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the KNeoWorld Platform or any network connected to the KNeoWorld Platform, or breach the security or authentication measures on the KNeoWorld Platform or any network connected to the KNeoWorld Platform, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the KNeoWorld Platform, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the KNeoWorld Platform or KNeoWorld Inc.’s systems or networks or any systems or networks connected to the KNeoWorld Platform, (vi) use any device, software, or routine to interfere with the proper working of the KNeoWorld Platform or any transaction conducted on the KNeoWorld Platform, or with any other person’s or entity’s use of the KNeoWorld Platform, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal You send to KNeoWorld Inc., on or through the KNeoWorld Platform, (viii) use the KNeoWorld Platform to harvest or collect email addresses or other contact information; (ix) market, co-brand, private label, or otherwise permit third parties to access and use the KNeoWorld Platform (or any part thereof) without KNeoWorld Inc., express, separate, and prior written permission, or (x) use the KNeoWorld Platform in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact KNeoWorld Inc.
Any request or order for access to the KNeoWorld Platform shall require KNeoWorld Inc.’s confirmation of acceptance and may also require additional verification or information from You before acceptance by KNeoWorld Inc. All prices are in US Dollars ($) unless stated otherwise. KNeoWorld Inc., may generally increase any fee in its sole commercial discretion after any designated initial license period. Certain restrictions on the availability of a refund may also apply to payment transactions for access that might not otherwise apply to physical goods. Refunds will not automatically be issued in every instance and are unavailable in all circumstances on account of dissatisfaction or incompatibility. Moreover, unless otherwise specified by KNeoWorld Inc., in writing, no refund shall be available for any reason more than two months after the date of any purchase. KNeoWorld Inc., utilizes third party payment processors and You hereby agree that KNeoWorld Inc., may charge your chosen payment method for the price of any access. Unless otherwise indicated by KNeoWorld Inc., in writing, all payments are immediately due and payable through the designated online payment systems. You agree to pay all charges incurred by You in connection with any credit card, debit card, or other payment method utilized in connection with a payment transaction with KNeoWorld Inc.
4. PRODUCT DELIVERY
As set forth in the Agreement, the KNeoWorld Platform shall be accessible from the KNeoWorld Website (located at www.KNeoWorld.com) such other Websites that may introduced by KNeoWorld Inc., from time to time to provide enhanced products. KNeoWorld Inc., reserves the right to make changes at any time to the KNeoWorld Platform and at any time may request verification of any Authorized User’s access to the KNeoWorld Platform in order to ensure compliance with this TOS. The obligation to provide access or other materials to You shall be complete at the time when and place where You first receive the information necessary to commence access or download other materials. You have the responsibility to ensure that any access or other materials are correctly and completely installed on your computer or mobile device. Moreover, once access or other materials is received, You have the sole responsibility to keep the access or other material from being misplaced, damaged, or destroyed. Although You acknowledge that You may require the ongoing involvement of KNeoWorld Inc., in order to access online games and materials through the KNeoWorld Website or related websites, the availability of any access or materials or any update, upgrade, or enhancement thereto shall be at KNeoWorld Inc.’s sole discretion. Nothing herein automatically entitles You to future updates, upgrades, or enhancements or any other game or material for which You have not paid the applicable fee or otherwise downloaded in a manner authorized by KNeoWorld Inc. The KNeoWorld Platform is not a part of any other product or service offering.
5. AUTHORIZED USER OBLIGATIONS
You represent and warrant to KNeoWorld Inc., that You are of the legal age of majority and are authorized and able to enter this Agreement and fulfill and perform the obligations and meet the conditions of an Authorized User as specified herein (including any payment obligations). If You are under the age of 18, please review this TOS with your parent or guardian as only your parent or guardian is authorized to enter into this TOS on your behalf, although this TOS will apply to any Authorized User. By downloading, accessing, or using the KNeoWorld Platform in order to play a game, view or access information or materials, or submit information or materials of any kind, You agree that You will not post or transmit any of the following: (a) anything, which interferes with or disrupts the KNeoWorld Platform, (b) anything, which may damage, lessen, or harm the goodwill or reputation of KNeoWorld Inc., and its products or services, (c) anything, which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others, (d) anything, which violates any law, (e) anything, which involves the impersonation of any other person or entity, (f) anything, which is inaccurate (including, without limitation, in connection with any payment transaction), off-topic, irrelevant, or inappropriate for the purposes of the KNeoWorld Platform (or any part thereof), and (g) anything, which constitutes junk mail, spam, or unauthorized advertising. You also represent that You are able to assume all responsibility for your use, and the results of your use, of the KNeoWorld Platform. You access and use the KNeoWorld Platform on your own volition and are responsible for compliance with all applicable local laws with respect to your use. In particular, You shall not export the KNeoWorld Platform (or access thereto) without complying with such import/export laws, orders, restrictions, or regulations. Although KNeoWorld Inc. encourages all Authorized Users to back up their data and files, You are responsible for the storage and maintenance of any data, game, or other materials on your computer or system. You also acknowledge and agree that use of the Internet and access to the KNeoWorld Platform is solely at your own risk. While KNeoWorld Inc., has endeavored to create a secure and reliable solution, You should understand that the confidentiality of any information or material transmitted or stored with the KNeoWorld Platform or to/from the KNeoWorld Platform over the Internet or other form of global communication network cannot be guaranteed. You must make your own determination as to such issues. You also agree to assume all responsibility for obtaining and paying for all licenses and costs for third party software and hardware necessary for access to the KNeoWorld Platform. Use of certain games may require a compatible computer, internet access, and additional third party software and may also require patches, updates, and upgrades from time to time. You are responsible for being aware of any compatibility, system, or access requirements specified by KNeoWorld Inc.
6. OTHER TERMS AND CONDITIONS
You acknowledge and agree that You are responsible for compliance with any third party payment processor’s terms and conditions. You may also be required to abide by additional instructions from KNeoWorld Inc., regarding the downloading or accessing of any game or material and may be required to establish an account with a third party payment service provider in order to complete a payment transaction. If there is a conflict between this TOS and such third party terms and conditions, this TOS shall control shall control.
7. ACCOUNT HANDLING POLICY.
Registration as an Authorized User for access to certain areas of the KNeoWorld Platform may require both a user name and a password as well as access to a unique download page in order to use or download certain games and materials. Only one Authorized User can use one username and password and, thus, one account or unique download page notwithstanding each Authorized User will be entitled to multiple player accounts as designated and the time of purchase. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of your username, password, or unique access page can gain entry to the KNeoWorld Platform and to your account. Accordingly, by using the KNeoWorld Platform, You agree to consider your username, password, and unique access page as confidential information and to keep your user name, password, and access page confidential (and to not disclose to others). You also agree not to use another Authorized User’s username, password or access page. You will immediately notify KNeoWorld Inc., if You become aware of any loss or theft of your password or any unauthorized use of your user name, password, or access page. KNeoWorld Inc., cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. With notice to You, KNeoWorld Inc reserves the right to delete or change a user name, password, or access page at any time and for any reason.
9. PROPRIETARY RIGHTS
This TOS provides only a limited license to use the KNeoWorld Platform. Except as expressly provided herein, KNeoWorld Inc. does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, You expressly acknowledge and agree that KNeoWorld Inc. transfers no ownership or intellectual property interest or title in and to the KNeoWorld Platform to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, games, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the KNeoWorld Platform, unless otherwise indicated, are owned, controlled, and licensed by KNeoWorld Inc., (or its licensors, affiliates, or subsidiaries) and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Unless otherwise noted, the KNeoWorld Platform is Copyright © 2012-2016 KNeoWorld Inc., All rights reserved. KNeoWorld Inc., (or its licensors, affiliates, or subsidiaries) also owns a copyright in the contents and look and feel of the KNeoWorld Platform as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content and look and feel of the KNeoWorld Platform. KNeoWorld Inc., KNeoWorld, the KNEO logo, the KNeoWorld logo, and all other names, logos, and icons identifying KNeoWorld Inc., and its programs, products, and services are proprietary trademarks of KNeoWorld Inc., and any use of such marks, including, without limitation, as domain names, without the express written permission of KNeoWorld Inc., is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
KNeoWorld Inc., welcomes your feedback and suggestions about KNeoWorld Inc.’s products or services or with respect to how to improve the KNeoWorld Platform. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to KNeoWorld Inc., You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to KNeoWorld Inc., and enable KNeoWorld Inc., to use such feedback. In addition, any feedback received through the KNeoWorld Platform will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for KNeoWorld Inc., to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information or content, and You hereby waive any claim to the contrary.
11. LINKS TO OTHER SITES
KNeoWorld Inc., may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by KNeoWorld Inc., and are maintained by third parties over which KNeoWorld Inc. exercises no control. Accordingly, KNeoWorld Inc., expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
THE KNeoWorld PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SPECIFIED PRODUCT RELEASE DATES ARE ESTIMATES ONLY AND GAMES OR OTHER MATERIALS MAY BE DELAYED OR EVEN CANCELLED. KNeoWorld INC MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE KNeoWorld PLATFORM AT ANY TIME AND FOR ANY REASON. OTHER THAN HAVING THE RIGHT TO FULFILL ITS OBLIGATIONS UNDER THIS TOS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KNeoWorld PLATFORM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT KNeoWorld PLATFORM DOES NOT WARRANT THAT THE KNeoWorld PLATFORM WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED MANNER. YOU ACKNOWLEDGE THAT TECHNICAL PROBLEMS MAY DELAY, INTERRUPT, OR PREVENT THE DOWNLOAD OR ACTIVATION OF YOUR GAME OR OTHER MATERIAL. YOUR EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO ANY GAME OR OTHER MATERIALS THAT IS NOT DOWNLOADABLE OR ABLE TO BE ACTIVATED WITHIN A REASONABLE PERIOD OF TIME WILL EITHER BE REPLACEMENT OF SUCH GAME OR MATERIALS OR REFUND OF THE PRICE PAID AS DETERMINED BY KNeoWorld INC., IN ITS SOLE DISCRETION. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE INITIAL LICENSE PERIOD FOR THE KNeoWorld PLATFORM AND NO WARRANTIES SHALL APPLY AFTER THIS 30-DAY PERIOD.
13. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT KNeoWorld INC, SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CLAIM, DAMAGE, OR LOSS RESULTING FROM A CAUSE BEYOND KNeoWorld INC’S CONTROL, INCLUDING, BUT NOT LIMITED TO, CONTRACTUAL RELATIONSHIPS WITH THIRD PARTIES, STORAGE OF DATA ON YOUR COMPUTER OR SYSTEM, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. KNeoWorld INC ALSO ASSUMES NO RESPONSIBILITY FOR YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAW OR REGULATION OR FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT OR INFORMATION. YOU ALSO ACKNOWLEDGE AND AGREE THAT KNeoWorld Inc WILL NOT BE LIABLE TO YOU, OR ANYONE CLAIMING UNDER OR THROUGH YOU, FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF BUSINESS, PROFITS, OR INFORMATION), REGARDLESS OF WHETHER KNeoWorld INC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF KNeoWorld INC FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT SHALL NOT EXCEED THAT AMOUNT PAID TO KNeoWorld INC UNDER THE AGREEMENT WITHIN THE PRIOR TWELVE MONTHS OF THE DATE ON WHICH SUCH CLAIM IS MADE.
You agree to defend, indemnify, and hold harmless KNeoWorld Inc., and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by You of this TOS.
15. GOVERNING LAW
This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and KNeoWorld Inc., each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the federal or state courts in the State of New York for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim You might have against KNeoWorld Inc., must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. KNeoWorld Inc., makes no representation that the KNeoWorld Platform is appropriate or available for use in other locations, and access to the KNeoWorld Platform from territories or nations where any aspect of the KNeoWorld Platform is illegal is prohibited. You access the KNeoWorld Platform on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the KNeoWorld Platform.
16. ENFORCING SECURITY ON THE SITE
KNeoWorld Inc., reserves the right to view, monitor, and record activity on the KNeoWorld Platform without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the KNeoWorld Platform. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the KNeoWorld Platform as well as to disclosures required by or under applicable law or related government agency actions. KNeoWorld Inc., will also comply with all court orders involving requests for such information. In addition to the foregoing, KNeoWorld Inc., reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the KNeoWorld Platform, or any portion of the KNeoWorld Platform, in order to protect the KNeoWorld Platform, KNeoWorld Inc., or KNeoWorld Inc.’s business. In such event, KNeoWorld Inc., shall be relieved of its obligations under the Agreement during the period of suspension and shall not be found to be in breach of the Agreement for such relief.
17. TERM AND TERMINATION
This TOS and your right to use the KNeoWorld Platform will take effect at the moment You click “I Agree to the Terms & Conditions” or You install, access, or use the KNeoWorld Platform and is effective until terminated as set forth below or until expired or terminated as set forth in the Pricing & Order Form with KNeoWorld Inc,. This TOS will terminate automatically if You click “I REJECT”. In addition, this TOS will also terminate automatically if You fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the KNeoWorld Platform, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, You must destroy all copies of any aspect of the KNeoWorld Platform in your possession. In addition to the “Miscellaneous” provision, the provisions concerning restrictions, your payment obligations (for amounts that accrued prior to the date of termination), KNeoWorld Inc.’s proprietary rights, feedback, disclaimer of warranty, enforcing security, indemnity, and limitation of liability will survive the termination of this TOS for any reason.
18. NO CLASS ACTION
Disputes will be arbitrated only on an individual basis and will not be joined with any other arbitrations or other proceedings that involve any claim of any other party.
If You have questions regarding the KNeoWorld Platform or if You are interested in obtaining more information concerning KNeoWorld Inc. and its products or services, please contact KNeoWorld Inc. at info@KNeoWorld.com