1. DEFINITIONS“Account” means an account you create when you access the Services. “Community Rules” means the rules of conduct that govern your interaction with our Services and other players, which can be found here. “Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms. “Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that KKCacheta may offer from time to time to certain eligible players. “Services” means our games, products, services, content, KKCacheta.com, and/or other domains or websites operated by KKCacheta. “Terms of Service” or “Terms” means these terms of service. “User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you. “Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-game items. “KKCacheta Corporate Family” means KKCacheta’s subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors. “KKCacheta Affiliates” refers to the KKCacheta Corporate Family plus KKCacheta’s and the KKCacheta Corporate Family’s third-party content providers, distributors, licensees, or licensors.
7. YOUR DEALINGS WITH OTHER PLAYERSYou are responsible for your interactions with other players. If you have a problem with another player, we are not required to get involved, but we can if we desire. If you have a dispute with another player, you release KKCacheta, the KKCacheta Corporate Family, and all KKCacheta Affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. This does not apply to users located in the EEA. If you are located in the EEA, your liability vis-à-vis KKCacheta is as set forth by the law applicable in the country where you reside. If you are located in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” We may allow you to use the Services to initiate SMS or MMS text messages to your friends, family, or other contacts. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that KKCacheta does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.
8. PAYMENT TERMSWe provide a service in the form of access to games, Virtual Items, and our other Services. In the Services you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services. How it Works You get a limited license and right to use Virtual Items by visiting the purchase page in one of our games or Services and providing billing authorization through the platform on which you are playing (e.g., Apple or Google). When you purchase Virtual Items in our games on platforms such as Apple or Google, KKCacheta is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Billing Support team as described below for questions concerning refunds of purchases made through Apple or Google. For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Service(s) or Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins. For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you: 1. agree that we will supply the Virtual Items to you as soon as we have accepted your order; and 2. if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item. You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license. ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT KKCACHETA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH PLATFORM SUCH AS APPLE, GOOGLE, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES. PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW. Additional Payment Terms You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. KKCacheta may revise the pricing for the goods and services it licenses to you through the Services at any time. Customer Support For any customer assistance (i.e. technical issues, game play, or in-game purchasing questions), you may contact us through Customer Support.
9. PROMOTIONS AND OFFERSFrom time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms. In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept, any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.
11. COPYRIGHT NOTICES/COMPLAINTSWe respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. For more information, please go to KKCacheta’s Copyright Page to review our Notification Guidelines. We reserve the right to terminate any player’s access to the Services if we determine that the player is a “repeat infringer.” We do not have to notify the player before we do this.
12. FEEDBACK AND UNSOLICITED IDEASWe may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. And any idea, information, or feedback you submit to us voluntarily is subject to our Unsolicited Ideas Policy.
13. AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMERKKCacheta, the KKCacheta Corporate Family, and the KKCacheta Affiliates make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons. USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KKCACHETA, THE KKCACHETA CORPORATE FAMILY, AND THE KKCACHETA AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. KKCACHETA, THE KKCACHETA CORPORATE FAMILY, AND THE KKCACHETA AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.
14. LIMITATIONS; WAIVER OF LIABILITYYOU ACKNOWLEDGE THAT KKCACHETA, THE KKCACHETA CORPORATE FAMILY, AND THE KKCACHETA AFFILIATES ARE NOT LIABLE (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES. THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES. TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF KKCACHETA, THE KKCACHETA CORPORATE FAMILY, AND/OR THE KKCACHETA AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID KKCACHETA, THE KKCACHETA CORPORATE FAMILY, AND/OR THE KKCACHETA AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID KKCACHETA, THE KKCACHETA CORPORATE FAMILY, OR ANY KKCACHETA AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KKCACHETA, THE KKCACHETA CORPORATE FAMILY, AND/OR ANY KKCACHETA AFFILIATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT. Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. These limitations/exclusions apply fully to New Jersey residents. These limitations/exclusions do not apply to users located in the EEA. For those users, if KKCacheta fails to comply with these Terms, KKCacheta is responsible for loss or damage you suffer that is a foreseeable result of KKCacheta’s breach of these Terms or is a result of KKCacheta’s negligence, but KKCacheta is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and KKCacheta at the time we entered into these Terms.
15. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVERTHIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA. Before bringing a formal legal case, you must first contact our Customer Support team at firstname.lastname@example.org. In the event that you and KKCacheta can’t resolve the dispute through Customer Service, you and KKCacheta both agree to arbitrate as described below. You and KKCacheta Both Agree to Arbitrate By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, KKCacheta, and any member of the KKCacheta Corporate Family all agree to resolve any claims relating to the Terms, Feature Terms, Community Rules, your relationship with us, or KKCacheta’s Services, through final and binding arbitration. This applies to all claims under any legal theory, unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your KKCacheta account or delete it. (In this Section 15 and in Section 17, you, KKCacheta, and any member of the KKCacheta Corporate Family may be referred to individually as “a party” or collectively as “the parties.”) An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you, KKCacheta, and any member of the KKCacheta Corporate Family all agree to give up the right to a trial before a judge and jury. Arbitrations have different rules from lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If any party disagrees about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that, too. In addition, if you, KKCacheta, or a KKCacheta Corporate Family member brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You, KKCacheta, or the KKCacheta Corporate Family member may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing. The Arbitration Process The American Arbitration Association (“AAA”) will control any arbitration between you and KKCacheta or the KKCacheta Corporate Family member, and AAA’s then-current rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, will be used. You can look at AAA’s rules and procedures on their website at www.adr.org. If something in these Terms is different from AAA’s rules and procedures, then the parties agree to follow these Terms instead. To start an arbitration proceeding, use the form on AAA’s website (www.adr.org). If you reside outside of the United States, arbitration may take place in the county where you reside at the time of filing. If you reside in the United States, arbitration shall be initiated in the State of New York, United States of America. You and KKCacheta further agree to submit to the personal jurisdiction of any federal or state court in the Borough of Manhattan in New York City in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against KKCacheta or a member of the KKCacheta Corporate Family and the value of the relief sought is ten thousand dollars ($10,000) or less, then KKCacheta will advance all filing, administrative, and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then KKCacheta will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse KKCacheta for all such cost and expenses that KKCacheta paid and that you would have been obligated to pay under the AAA rules. Exceptions to Agreement to Arbitrate The parties all agree that they will go to court to resolve disputes 1. Relating to your, KKCacheta’s, or a KKCacheta Corporate Family member’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents); 2. Relating to any violation of the Community Rules; or 3. Within the jurisdiction of small claims courts. For more information about which court the parties can go to for resolving these types of disputes, see Section 17 (Venue for Legal Disputes Not Subject to Arbitration). No Class Actions By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, KKCacheta, and the KKCacheta Corporate Family all agree that the parties can only bring a claim against each other on an individual basis. That means: 1. The parties agree that neither you nor KKCacheta nor any member of the KKCacheta Corporate Family can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. 2. The parties agree that the 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 the parties all agree to change this). 3. The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other KKCacheta players, and cannot be used to decide other disputes with other players. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 15 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But the rest of the Terms, Feature Terms, and Community Rules will still apply. Opting out of the Agreement to Arbitrate and Class Action Waiver You have the right to opt out and not be bound by the arbitration and class action waiver provisions in this Section 15 by sending us written notice of your decision to opt out through Customer Support. The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section 15. If you opt out of these arbitration provisions, KKCacheta also will not be bound by them. Changes to Section 15 Agreement to Arbitrate and Class Action Waiver We will give you 60-days’ notice by email or through the Services if we change this Section 15 on our Agreement to Arbitrate and Class Action Waiver. If a court or arbitrator decides that this subsection on “Changes to Section 15 on Agreement to Arbitrate and Class Action Waiver” is not enforceable or valid, then this subsection shall be severed from Section 15, and the court or arbitrator shall apply the first Agreement to Arbitrate and Class Action Waiver section in existence after you began using the Services. Survival This Section 15 shall survive termination of these Terms.
16. APPLICABLE LAWIf you are located in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 15 (Agreement to Arbitrate and Class Action Waiver). In addition, these Terms and our relationship will be governed by New York law, except for its conflicts of laws principles. If you are located anywhere other than the United States, these Terms and our relationship will be governed by English law, except for its conflicts of laws principles.
17. VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATIONIf you are located in the United States, judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in Borough of Manhattan in New York City, unless the parties agree to some other location. You, KKCacheta, and the KKCacheta Corporate Family all consent to venue and personal jurisdiction in Borough of Manhattan in New York City. If you are located anywhere other than the United States, judicial proceedings must be brought in the courts of England and Wales, unless the parties all agree to some other location. You, KKCacheta, and the KKCacheta Corporate Family all consent to venue and personal jurisdiction in England and Wales.
18. SEPARATION OF TERMSEach of the paragraphs of these Terms operates separately. Except as described in Section 15 under the “No Class Actions” heading, if any part of these Terms, Feature Terms, or Community Rules is not enforceable, the rest of these Terms, Feature Terms, and Community Rules still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
19. ASSIGNMENTWe may give our rights, or our obligations, under these Terms, Feature Terms, or Community Rules to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, or Community Rules to anyone without first getting KKCacheta’s written consent, and any attempt to do so without our consent is void.
20. ENTIRE AGREEMENTThese Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. This provision does not apply to users located in the EEA.
22. NO WAIVERIf we do not enforce our rights under these Terms, Feature Terms, or Community Rules, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, Feature Terms, or Community Rules, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
23. NOTICESIf we have to give you notice of something according to the Terms, Feature Terms, or Community Rules, we may notify you by posting a message on www.kkcacheta.com or in the KKCacheta game(s) you play, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us. If you are located in the United States and you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and sent to email@example.com, Attn: LEGAL DEPARTMENT, unless we have provided a more specific way of notifying us. If you are located anywhere other than the United States, and you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and sent to us through Customer Support.
24. FORCE MAJEUREWe are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials This provision does not apply to users located in the EEA.