Kabam has received TRUSTe’s Privacy Seal signifying that this privacy statement and our practices have been reviewed for compliance with the TRUSTe program viewable on the validation page available by clicking the TRUSTe seal. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact TRUSTe at https://feedback-form.truste.com/watchdog/request. Please click here for fax and postal mail information. Unfortunately, at this time TRUSTe’s Dispute Resolution process is only available in English. The TRUSTe program covers only information that is collected through this Web site and Kabam’s mobile applications, and does not cover information that may be collected through software downloaded from the site
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND KABAM, AND BY USING THE WEBSITE AND SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. You should review this Policy in conjunction with our Terms of Service available here: https://www.kabam.com/corporate/terms-of-service , and any other agreement provided by us that governs your use of the Websites and Services. You should not use the Websites and/or Services if you do not agree with this Policy, our Terms of Service and any other agreement that governs your use of the Websites and/or Services. Terms not otherwise defined herein shall the same meaning as any definition set forth in the Terms of Service.
You are contracting with Kabam, Inc., a Delaware corporation.
This Policy is applicable worldwide and applies to all of our Websites and Services where we provide a link to this Policy, including Services available on Third Party Platforms, unless otherwise stated or unless we provide a link to a different policy. All Websites and Services that are governed by this Policy will contain a prominent link to this Policy on or near the homepage of the Website (or through a pop-up window on any mobile and/or other Internet connected devices ("Wireless Devices") where possible.
This Policy applies only to information that we collect online through use of the Websites or Services. It does not apply to information that we may collect through other means.
The Websites and/or Services may contain links to other websites that are owned or operated by third parties (referred to in our Terms of Service as "Linked Sites"). When you click on any link for a Linked Site and/or visit a Linked Site’s website, you should be aware that you are leaving a Kabam Website, and this Policy does not apply to any such Linked Sites. Additionally, if you use our Services on or through a Third Party Platform, including via any Wireless Devices, your privacy will also be subject to the privacy policies and terms of service of the Third Party Platform. We do not control and are not responsible for the terms of service, privacy policies and/or practices of any Linked Sites or any Third Party Platform you may use to access the Websites and/or Services, and you should review the policies and agreements of such Linked Sites and/or Third Party Platforms carefully.
Our Policy Concerning Children
The Websites and Services are not intended for children under the age of 13 and we do not knowingly collect any personal information from such children. Children under the age of 13 should not use or attempt to use our Websites or Services, and if you are under 13, please do not attempt to use our Website or Services or send any information about yourself to Kabam.
In the event that we learn that we have inadvertently gathered personal information from a child under the age of 13, we will take reasonable measures to erase such information from our records. Parents who believe that Kabam might have any information from or about a child under 13, may submit a request to email@example.com and request that the information be removed.
The Type of Information We May Collect
Kabam may collect different information from or about you depending upon the manner in which you use the Websites or Services. The following examples are provided to help you better understand the information we may collect through your use of and/or interaction with the Websites and/or Services:
Information Received Through Your Third Party Platform Account
When you use or connect to a Kabam Website or Service on or through a Third Party Platform, such as Facebook or other social networking site, (including using a Third Party Platform account to sign into a Kabam Website or Service), you allow us to access and/or collect certain information from your Third Party Platform profile/account (such as your Facebook account) as permitted by the terms of the agreement and your privacy settings with the Third Party Platform. The information you allow us to access and collect varies depending on the Kabam Service you use as well as the terms of the Third Party Platform and your privacy setting thereon. By way of example only, Kabam may access and/or collect some or all of the following information from your Third Party Platform account when you use or connect to a Kabam Website or Service on or through a Third Party Platform:
your full name as provided to the Third Party Platform
your profile picture or its URL
your user ID number, which is linked to publically available information such as name and profile photo
the user ID numbers for your friends that are also connected to our game(s)
the login e-mail you provided to the Third Party Platform when you registered
your physical location and that of your access devices, including any Wireless Device
groups you have joined on the Third Party Platform
your posts and the posts of your friends
(collectively "Third Party Platform Information")
When you use a Kabam Service (either through a Third Party Platform or directly on a Kabam Website) we may assign you a unique identifying number ("ID number") which is not publically displayed to other Kabam users. Additionally, you may be able to select a user name and/or in-game character name (collectively, "User Name"). Please note, your User Name will be publically viewable by others who have access to the Websites and/or Services, and, in some instances, may be viewable to others outside of Kabam through Internet searches and/or indexing. We recommend you do not use your real name or other information that may be used to personally identify you as part of your User Name as this information may be used to make unwanted contact with you by third parties. We are not responsible for your User Name and/or the manner in which is may be used by third parties.
Information Received Through Your Wireless Device: Push Notifications
If you use a Kabam Service on or through a Wireless Device, we may, in accordance with the terms of any applicable agreement with the Wireless Device carrier (and as allowed by your privacy settings) collect certain information such as your unique device identifier (a number automatically assigned to your mobile or wireless device), device type, and information you choose to provide or share, such as e-mail address(collectively "Mobile Information").
We may send push notifications to your mobile device to provide game updates and other relevant messages. You can manage push notifications from the "options" or "settings" page within the mobile application. You also may be able to manage them from your device’s settings page for the mobile application
We do not ask you for, access or track any precise location based information from your mobile device at any time while downloading or using our Mobile Apps.
Information You Provide To Us Directly
When you use any of the Websites or Services (including through a Third Party Platform) we will collect any information you provide to us directly such as the following:
Registration Information: In order to use certain features of the Websites or Services, you may be required to register for an account, and in that case, we will collect and store any registration information you share with us such as, without limitation, your date of birth, age, e-mail address, password and other information that helps us confirm your access to your account and understand more about who you are ("Registration Information").
Profile Information: For some Kabam Websites or Services, you may also have the option of providing additional information about yourself to create a user profile ("Profile") that will be publically viewable by others. We will collect the information you share with us in creating your Profile such as your, first and last name, user name, date of birth and gender, You should exercise care and caution in creating your Profile as your Profile, including your Profile Information, will be publically viewable to others and may in some instances be index by search engines and viewable outside of the Kabam Websites and/or Services. Your Profile and/or Profile Information may be used by third parties to make contact with you in unwanted ways, and Kabam is not responsible for information you supply in your Profile and/or the manner in which it is used by others
Keep in mind that your Public Posting will be visible to anyone who has access to the Websites or Services and may in some instances be viewable outside of Kabam as such Public Postings may, in certain instances, show up in Internet searches and/or be indexed by search engines. Using certain tools, it may be possible for you or third parties to copy, cut, and/or post your Public Posting or other information to different locations (including to websites not owned/operated by Kabam). This may result in the disclosure of private information on third party websites—for which Kabam is not responsible—and, in some cases, may subject you to liability for information posted by or about you. Therefore, you should exercise caution in all Public Postings, and we recommend you do not provide personal information that may be used to identify and/or contact you in a Pubic Posting. To request removal of your personal information from our public forums, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
On some Kabam Websites and Services, your User Name as well as your Profile Information may be displayed in conjunction with your Public Posting. Thus, those accessing this information may be able to identify you, using other available source of information, such as your related Third Party Platform account or information on other websites.
Payment Information: If you purchase any products or services through our Websites or Services, such as in game virtual currency or goods, we may collect certain information regarding your purchase (such as your name, zip code, purchase) as necessary to process your order, and you will be required to provide certain payment and billing information directly to our payment processing partners, such as but not limited to your name, credit card information, billing address, and zip code. We do not directly access, store or collect your credit card information, and we will not use your payment information we collect except as needed to fulfill your purchase and/or communicate with you regarding your transaction.
Friend’s Contact Information: If you wish to use our service to tell a friend about the Websites or Services via email or text message, we may ask for your friend’s name, e-mail address, phone number and other information, (all of which we will collect and store), and we will automatically send your friend an e-mail, and one reminder, inviting him or her to use our Websites or Services. Kabam may use and store such information for several purposes including, sending e-mails to your friend and tracking the success of our referral program.
Your friend may unsubscribe from such messages by using the "unsubscribe" link at the bottom of the communication. If your friend would like to request that we no longer use or store this information they may contact us at email@example.com
Communications, Support Requests, Potential Abuse: If you contact us for assistance or to report a problem, concern, potential abuse or other issue regarding the Websites, Services or a user, we may collect and store your contact information, communication, and/or other information about you, including but not limited to your name, e-mail address, User Name, ID number, location, game play or activity, and we reserve the right to conduct further research and obtain further information as necessary. We will use the information to respond to you, research your request/communication, and in accordance with provisions of this Policy
Technical & Usage Information We Collect Through Automated Means
When you access the Websites or Services, including playing any of our games, our servers automatically record, and we automatically collect, certain information by automated means. This information may include without limitation: (a) technical information about your computer or Wireless Device, such as your IP address, operating system type, device ID, browser, domain and other systems information as further explained in this Policy; and (b) usage statistics about your interaction with the Websites and/or Services, including games accessed, game score, pages visited, use of Site Items and Virtual Currency as defined in the Terms of Service ( https://www.kabam.com/corporate/terms-of-service ), information about your game play and interaction with other users, portions of the Websites or Services used/visited, and other information regarding your use of the Websites and Services.
We may also employ web beacons or other technology for a variety of reasons such as: (i) allowing us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation;
1. Session Cookies
We use a session cookie to remember your log-in for you and process your purchases of virtual goods. These we deem strictly necessary to the working of the website. If these are disabled, then various functionalities on the site will be broken. More information on session cookies and what they are used for at http://www.allaboutcookies.org/cookies/session-cookies-used-for.html .
2. Analytics Cookies
Google Analytics – we use this to understand how the site is being used in order to improve user experience. User data is all anonymous. You can find out more about Google’s position on privacy as regards its analytics service at http://www.google.co.uk/intl/en/analytics/privacyoverview.html .
New Relic – this service helps us understand the speed and technical performance of our site so we can monitor and improve it. User data is all anonymous. You can find out more about what New Relic do on their site at http://newrelic.com/
Quantcast – this captures information on site traffic and usage so that we can publish this information on the Quantcast site for anyone to see. User data is all anonymous. You can see Econsultancy’s site traffic profile on Quantcast at http://www.quantcast.com/econsultancy.com
3. Marketing Cookies
Kabam.com uses the following cookies to track the performance of our marketing campaigns.
How We Use The Information We Collect
Kabam may use the information we collect through your use of the Websites and Services for a variety of purposes, primarily related to providing and improving the quality of our Websites and Services. For example, we may use the information we collect in the following ways:
Providing, administering, and facilitating your use of the Websites and Services, including the display of customized content and/or targeted advertising;
Marketing our products and/or services to you, including sending you offers, promotions information, newsletters, e-mail campaigns, and communications regarding new, improved or existing products, contests and/or sweepstakes;
Resolving site problems; handling or responding to customer support questions and issues;
Processing or fulfilling your request(s) and/or order(s) for games, products, services, information or features, such as Site Items and Virtual Currency;
Enabling user-to-user communication and interaction and soliciting input and feedback to improve user experience;
Managing your account preferences, establishing your Profile and Registration Information;
Connecting you with your friends and/or contacts that are using the Websites and/or Services;
Monitoring the technical functioning of the Websites, Services, and network;
Developing new and/or improved games, products, services or offerings;
Providing you with news and newsletters;
To create, review, analyze and share Aggregate Information;
Identifying, researching, and protecting against any actual, potential or threatened misuse, unauthorized use, or unwanted use of any of the Websites or Services, including but not limited to researching any claims made by or about others users and/or about the Websites and/or Services, and such efforts of which may include information provided from third-party sources;
Third party hosting of the Websites and/or Services;
Analyzing trends and user traffic;
Marketing, processing or fulfillment of Promotions administered or sponsored by Kabam;
Trouble-shooting errors or issues with any of the Websites and/or Services;
Tracking purchases and usage information;
Communicating with you concerning your Account;
Asking you to participate in surveys about products and services; or
As we, in our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Websites and Services.
When And How We May Share/Disclose Your Information With Third Parties
We will only share your information (including personal information) with the following third parties or under the following circumstances or as otherwise described in this policy:
1. Safety, Security, Cooperation With Law Enforcement, & Compliance With Legal Obligations We may disclose your information to third parties, including your personal information, if we, in our sole discretion, have a good faith belief that disclosure is: (1) permitted or required by law; (2) requested in connection with or relevant to a judicial, governmental or legal inquiry, investigation, order, or proceeding; (3) required or reasonably necessary pursuant to a valid subpoena, warrant or other legally valid inquiry or request; (4) reasonably necessary to enforce our Terms of Service, this Policy, or any other legal agreements; (5) required to detect, prevent, or otherwise address fraud, abuse, misuse, potential violations of law (or rule/regulation), and/or security or technical issues; or (6) required or reasonably necessary to protect against imminent harm to the rights, property or safety of Kabam, our users, employees, any minors, members of the public and/or our Websites and Services. We may also disclose information about you to our auditors or legal advisors in conjunction with accessing our disclosure obligations and/or rights under this Policy.
2. Third Party Service Providers, Contractors or Agents We may share your information with third party companies that perform services on our behalf, including payment processing, order fulfillment, data analysis, marketing services, e-mail campaigns, hosting services, and customer service. While providing the services for us, these companies may access your personal information, and are required to use it solely as directed by us for the purpose of our requested service.
3. Business Transfers, Sales or Mergers or Divestitures.In the event that Kabam undergoes a business transition, such as a merger, acquisition, corporate divestiture or dissolution (including bankruptcy), or a sale of all or a portion of its assets, including in connection with the sale or other transfer of a game, we may share, disclose or transfer all of your information, including personal information, to the successor organization in such transition.
4.Business Partners. In conjunction with the development and running of our games and in connection with the offering of other games we may partner with third party developers and/or licensors to assist us in providing you with our services. We will share the information you provide us through your social network such as (1) your first and last name, (2) your profile picture or its URL, (3) your user identification number of the pertinent social network, which is linked to publicly available information such as name and profile picture (4) the login email you provided to the pertinent social network upon registration; and (5) game play information with these third parties, all so they may, among other things, facilitate the use of our service as well as contact you about other games and products they offer which may be of interest to you, provide you with service notifications and to solicit your feedback and input. If you do not wish to have this information shared please do not use our services. If you wish to no longer have your personal information used by our partners you may contact us at firstname.lastname@example.org and we will facilitate your request to the partner.
5. Promotions We may share your information in connection with any Promotion you enter on or through the Websites, as necessary to administer, market, sponsor, or fulfill the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate) or in accordance with the applicable Official Rules of the Promotion/Sweepstakes you enter.
7. Advertising of Third Party Products/Services. We may use and share with third party advertisers (and other third parties) certain Technical Information and/or Aggregate Information to show general demographic and preference information among Kabam users. We may also allow advertisers to collect Technical Information or Aggregate Information, which they may share with us, through the use of tracking technologies like cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by increasing the likelihood that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, you can visit the Network Advertising Initiative website http://www.networkadvertising.org/managing/opt_out.asp If you are located in the European Union and would like to opt-out, please visit, http://www.youronlinechoices.eu/. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
9. Offer Walls Kabam games or their purchase pages may display an “offer wall” that may be hosted by a third party offer wall provider. The offer wall allows third party advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. These offers are not controlled by or made by Kabam. These offers may be displayed to you based on certain technical information, such as your geographic area or anonymous demographic information. After clicking on one of these advertisements, you will no longer be on a site hosted by Kabam or a partnering Third Party Platform. To properly credit user accounts and to prevent fraud, a unique identifier will be shared with the offer wall provider. This identifier is used to ensure proper crediting of your account, prevent fraud or duplicate offers and to resolve any customer service inquiries that may arise. Once you complete an offer, you may then be returned to a Kabam Website or Service.
How Do We Keep Your Information Secure?
Kabam takes commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, sensitive data that you share and we collect and store. These security measures may include practices such as keeping your sensitive data on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our site or mobile application using secure socket layer technology (SSL), internal reviews of our data collection practices and platforms, as well as physical security measures to guard against unauthorized access to systems where we store your information. Unfortunately, however, no security system can be 100% secured, and we cannot guarantee that communications between you and Kabam, the Websites or Services, or any information provided to us in connection with the information we collect through the Websites or Services will be free from unauthorized access by third parties. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Your password is an important component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties. If your password has been compromised for any reason, you should change it immediately and follow the notification procedures set forth in Section 6 of our Terms of Service. ( https://www.kabam.com/corporate/terms-of-service )
Your Choices Regarding The Use of Your Information
As discussed, you can always choose not to provide certain information to us but you may not be able to use certain features of the Websites or Services. If you do not wish to receive Promotional Communications from us, you can opt-out by: (i) following the unsubscribe instructions provided in the Promotional Communication you receive; or (ii) managing your e-mail preferences by signing into your account on the Kabam.com site, clicking on the Settings link in the site header, navigating to the Preferences tab, and unchecking the email lists you no longer wish to subscribe to.
Please note that despite your opt-out choice or indicated e-mail preferences, we will still send you administrative messages regarding the Websites or Services, including, for example, administrative confirmations, order confirmation, important updates regarding the Websites or Services, and notices regarding this Policy.
How We Respond to Do Not Track Signals
Because consumers are often unaware that their do-not-track beacons are active, do-not-track does not frequently reflect the actual preferences of our users. Accordingly, Kabam does not respond to the federal Do-Not-Track signal. If you would like to receive no promotional communication from Kabam, you are free to follow the procedure described in the previous section to unsubscribe.
How To Access & Update Your Information
You may access and update your information that Kabam collects and maintains in the following ways:
1. Information We Receive From a Third Party Platform Or Wireless Device.
2. Information We Receive Directly From You.
You may update the information you provide directly to Kabam by logging into your Account on the relevant Kabam Website you are using and updating your Account information.
3. Right of Access To Your Information
You may also submit any requests for access to your personal data to email@example.com or in writing to Attn Privacy Kabam, Inc. 795 Folsom Street, Suite 600, San Francisco, CA 94107. Please allow up to thirty (30) days for a response.
How to Delete Your Account and What Happens if Your Account is Terminated or Deleted
1. Deactivating Your Account
You may also request that we delete your Account by logging into the account you wish to be deleted, going to the in-game ‘Help’ link, or clicking on the ‘Support’ link on Kabam.com. This will direct you to our Customer Support site where you can use the ‘Contact Us’ link to submit your request. Please indicate that you wish to delete your Account and provide your first name, last name, e-mail address, and user name. We will make commercially reasonable efforts to respond to your request within thirty (30) days. Please note that we may be unable to process your request if you do not log into the account you want to be removed, and if you play multiple Kabam games we will require that you make a separate request for each game account.
2. Account Terminated or Deleted
Please be aware that even after your Account is terminated or deleted some or all of your information may still remain visible to others, including but not limited to any information that has been: (a) incorporated into others user’s content, comments, postings, submissions, including but not limited to cities, resources or other in-game assets; (b) copied, stored or disseminated by other users; (c) shared or disseminated by you or others such as in a Public Posting; or (4) posted on a Third Party Platform. A request to delete and/or termination of your Account will not result in the removal of information collected and already put in aggregate form or information that cannot, in our sole discretion, be removed without undue burden to Kabam. Kabam is not able and/or obligated to remove any of your information from a Third Party Platform.
Modifications To This Policy
From time to time, we may update this Privacy Statement to clarify our practices or to reflect new or different privacy practices, such as when we add new features, and Kabam reserves the right to modify and/or make changes to this Policy at any time. If we make any material change we will notify you prominent means such as by email notice sent to the email address specified in your account) or by posting a notice on the site. Other modifications will become effective on the day they are posted unless stated otherwise.
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 any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Policy as changed. The revised Policy supersedes all previous privacy policies. For this reason, we encourage you to review this Policy 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 this Policy and any other policies or agreements set forth or available on or through the Websites or any Third Party Platform.
International Operations: A Note To Users Outside Of The U.S. and the EU
Kabam stores information about site visitors and players on servers primarily located in the United States, and Kabam may also store such information on servers and equipment in other countries. If you are accessing the Websites or Services from outside the United States and the European Union, please know the data and personal information you submit will be transferred to and stored in servers in the United States or other countries. The data protection and other laws of the United States and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our Websites or Services, you consent to the transfer, storing, and processing of your data in and to the United States.
Personal data collected within Switzerland and the European Economic Area ("EEA") may be transferred to, and stored at, a destination outside of Switzerland and the European Economic Area ("EEA"). The data we hold may also be processed by employees operating outside of Switzerland and the EEA who work for us or one of our affiliates or for one of our vendors. Such staff may be engaged in, among other things, (i) the processing of transactions and your payment details and (ii) the provision of support services. By submitting your personal data or playing Kabam games, you agree to this transfer, storing or processing.
U.S. Dept. of Commerce Safe Harbor Program
Kabam, Inc. complies with the U.S. – E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Kabam, Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Kabam, Inc.’s certification, please visit http://www.export.gov/safeharbor/.
Your California Privacy Rights
California residents have the right to receive: a) information identifying any third party company(ies) to whom Kabam may have disclosed (within the previous calendar year) personal information pertaining to you and your family for that company’s direct marketing purposes; and b) a description of the categories of personal information disclosed. If you are a California resident and wish to obtain such information, submit a request here firstname.lastname@example.org with "Request for California Privacy Information" as the subject line and in the body of your message. Please be aware that not all information sharing is covered by requirements and only information on covered sharing will be included in our response. Please also note that under California law, businesses are only required to respond to a customer request once during any calendar year.
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 or at:
Attn: Question on Terms of Service
795 Folsom Street, Suite 600
San Francisco, CA 94107, USA