Final Kick Terms of Use
"FINAL
KICK"
mobile application (the "Service"
or "Game") or www.finalkick.me (the “website”), is a
copyrighted work belonging to "DARK
CURRY S.L. " (the "company", "us", "we", or
"our"). Certain features of the game may be subject
to additional guidelines, terms, or rules, which will be posted on the application
in connection with such features.
All such additional terms, guidelines, and rules are
incorporated by reference into these Terms.
These Terms of Use described the legally binding terms
and conditions that oversee your use of the Service. BY LOGGING INTO THE SERVICE,
YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the
authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST
18 YEARS OF AGE TO ACCESS THE SERVICE. IF YOU DISAGREE WITH ALL OF THE
PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SERVICE.
Access to the Service
Subject to these Terms. Company grants you a non-transferable,
non-exclusive, revocable, limited license to access the Service solely for your
own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are
subject to the following restrictions: (a) you shall not sell, rent, lease,
transfer, assign, distribute, host, or otherwise commercially exploit the Game;
(b) you shall not change, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Game; (c) you shall not access the Service
in order to build a similar or competitive Game; and (d) except as expressly
stated herein, no part of the Game may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means unless otherwise indicated, any future release, update, or other addition
to functionality of the Service shall be subject to these Terms. All
copyright and other proprietary notices on the Game must be retained on all
copies thereof.
Company reserves the right to change, suspend, or cease
the Service with or without notice to you. You approved that Company will
not be held liable to you or any third-party for any change, interruption, or
termination of the Service or any part.
No Support or Maintenance. You agree that Company will have no obligation to
provide you with any support in connection with the Service.
Excluding any User Content that you may provide, you are
aware that all the intellectual property rights, including copyrights, patents,
trademarks, and trade secrets, in the Game and its content are owned by Company
or Company’s suppliers. Note that these Terms and access to the Service do not
give you any rights, title or interest in or to any intellectual property
rights, except for the limited access rights expressed
in Section 2.1. Company and its suppliers reserve all rights not granted in
these Terms.
All kinds of cheating are prohibited. You agree that the Company shall have no obligation to
maintain the service and may block your account even if you have paid for the service
if it is shown that you are cheating or have cheated of any kind.
The Company may block access to your account temporarily or permanently
in case of proven misuse, such as:
Discriminatory messages towards other users, incitement to hatred, fraudulent purchases,
use of external tools to have a competitive advantage (assistive touch, etc.)
You accept as valid the methods used to verify possible cheating by the Company.
User Content
User Content. "User
Content" means any and all information and content that a user submits to
the Service. You are exclusively responsible for your User Content. You bear
all risks associated with use of your User Content. You hereby certify
that your User Content does not violate our Acceptable Use Policy. You
may not represent or imply to others that your User Content is in any way provided,
sponsored or endorsed by Company. Because you alone are responsible for your
User Content, you may expose yourself to liability. Company is not obliged to
backup any User Content that you post; also, your User Content may be deleted
at any time without prior notice to you. You are solely responsible for making
your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible,
nonexclusive, royalty-free and fully paid, worldwide license to reproduce,
distribute, publicly display and perform, prepare derivative works of,
incorporate into other works, and otherwise use and exploit your User Content,
and to grant sublicenses of the foregoing rights, solely for the purposes of
including your User Content in the Service. You hereby irreversibly waive
any claims and assertions of moral rights or attribution with respect to your
User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable
Use Policy": You agree not to use the Service to collect, upload, transmit,
display, or distribute any User Content (i) that
violates any third-party right or any intellectual property or proprietary
right; (ii) that is unlawful, harassing, abusive, tortious, threatening,
harmful, invasive of another’s privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently
offensive, promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual; (iii) that is harmful to minors in any way; or
(iv) that is in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
In addition, you agree not to: (i)
upload, transmit, or distribute to or through the Service any software intended
to damage or alter a computer system or data; (ii) send through the Service
unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages; (iii) use the Service to harvest, collect, gather or
assemble information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or networks
connected to the Service, or violate the regulations, policies or procedures of
such networks; (v) attempt to gain unauthorized access to the Service, whether
through password mining or any other means; (vi) harass or interfere with any
other user’s use and enjoyment of the Service; or (vi) use software or
automated agents or scripts to produce multiple accounts on the Service, or to
generate automated searches, requests, or queries to the Service.
We reserve the right to review any User Content, and to
investigate and/or take appropriate action against you in our sole discretion
if you violate the Acceptable Use Policy or any other provision of these Terms
or otherwise create liability for us or any other person. Such action may
include removing or modifying your User Content, terminating your Account in
accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions
regarding the Service, you hereby assign to Company all rights in such Feedback
and agree that Company shall have the right to use and fully exploit such
Feedback and related information in any manner it believes appropriate.
Company will treat any Feedback you provide to Company as non-confidential and
non-proprietary.
You agree to indemnify and hold Company and its officers,
employees, and agents harmless, including costs and attorneys’ fees, from any
claim or demand made by any third-party due to or arising out of (a) your use
of the Service, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company reserves
the right to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate with our defense
of these claims. You agree not to settle any matter without the prior
written consent of Company. Company will use reasonable efforts to notify
you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Service may contain links to third-party
websites and services, and/or display advertisements for third-parties.
Such Third-Party Links & Ads are not under the control of Company, and
Company is not responsible for any Third-Party Links & Ads. Company
provides access to these Third-Party Links & Ads only as a convenience to
you, and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links & Ads. You use all
Third-Party Links & Ads at your own risk, and should apply a suitable level
of caution and discretion in doing so. When you click on any of the Third-Party
Links & Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices.
Other Users. Each
Service user is solely responsible for any and all of its own User
Content. Because we do not control User Content, you acknowledge and
agree that we are not responsible for any User Content, whether provided by you
or by others. You agree that Company will not be responsible for any loss
or damage incurred as the result of any such interactions. If there is a
dispute between you and any Service user, we are under no obligation to become
involved.
You hereby release and forever discharge the Company and
our officers, employees, agents, successors, and assigns from, and hereby waive
and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action
of every kind and nature, that has arisen or arises directly or indirectly out
of, or that relates directly or indirectly to, the Service. If you are a
California resident, you hereby waive California civil code section 1542 in
connection with the foregoing, which states: "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 or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, www.finalkick.me uses
‘cookies’. These cookies are used to store information including visitors’
preferences, and the pages on the website that the visitor accessed or visited.
The information is used to optimize the users’ experience by customizing our
web page content based on visitors’ browser type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third-party vendor on our site.
It also uses cookies, known as DART cookies, to serve ads to our site visitors
based upon their visit to www.website.com and other sites on the internet.
However, visitors may choose to decline the use of DART cookies by visiting the
Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners. Some of advertisers on our Service may use cookies
and web beacons. Our advertising partners are listed below. Each of our
advertising partners has their own Privacy Policy for their policies on user
data. For easier access, we hyperlinked to their Privacy Policies below.
https://policies.google.com/technologies/ads
Disclaimers
The Service is provided on an "as-is" and
"as available" basis, and company and our suppliers expressly
disclaim any and all warranties and conditions of any kind, whether express,
implied, or statutory, including all warranties or conditions of
merchantability, fitness for a particular purpose, title, quiet enjoyment,
accuracy, or non-infringement. We and our suppliers make not guarantee
that the Service will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be accurate,
reliable, free of viruses or other harmful code,
complete, legal, or safe. If applicable law requires any warranties with
respect to the Service, all such warranties are limited in duration to ninety
(90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. Some
jurisdictions do not allow limitations on how long an implied warranty lasts,
so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall
company or our suppliers be liable to you or any third-party for any lost
profits, lost data, costs of procurement of substitute products, or any
indirect, consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability to use
the Service even if company has been advised of the possibility of such
damages. Access to and use of the Service is at your own discretion and
risk, and you will be solely responsible for any damage to your device or
computer system, or loss of data resulting therefrom.
Term and Termination. Subject to this Section, these Terms will remain in
full force and effect while you use the Service. We may suspend or
terminate your rights to use the Service at any time for any reason at our sole
discretion, including for any use of the Service in violation of these
Terms. Upon termination of your rights under these Terms, your Account
and right to access and use the Service will terminate immediately. You
understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases.
Company will not have any liability whatsoever to you for any termination of your
rights under these Terms.
Copyright Policy.
Company respects the intellectual property of others and
asks that users of our Service do the same. In connection with our Service,
we have adopted and implemented a policy respecting copyright law that provides
for the removal of any infringing materials and for the termination of users of
our online Service who are repeated infringers of intellectual property rights,
including copyrights. If you believe that one of our users is, through
the use of our Service, unlawfully infringing the copyright(s) in a work, and
wish to have the allegedly infringing material removed, the following
information in the form of a written notification (pursuant to 17 U.S.C. §
512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification automatically
subjects the complaining party to liability for any damages, costs and
attorney’s fees incurred by us in connection with the written notification and
allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we
make any substantial changes, we may notify you by sending you an e-mail to the
last e-mail address you provided to us and/or by prominently posting notice of
the changes on our Service. You are responsible for providing us with
your most current e-mail address. In the event that the last e-mail
address that you have provided us is not valid our dispatch of the e-mail
containing such notice will nonetheless constitute effective notice of the
changes described in the notice. Any changes to these Terms will be
effective upon the earliest of thirty (30) calendar days following our dispatch
of an e-mail notice to you or thirty (30) calendar days following our posting
of notice of the changes on our Service. These changes will be effective
immediately for new users of our Service. Continued use of our Service
following notice of such changes shall indicate your acknowledgement of such
changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is
part of your contract with Company and affects your rights. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the
Terms or the use of any product or service provided by the Company that cannot
be resolved informally or in small claims court shall be resolved by binding
arbitration on an individual basis under the terms of this Arbitration
Agreement. Unless otherwise agreed to, all arbitration proceedings shall
be held in English. This Arbitration Agreement applies to you and the
Company, and to any subsidiaries, affiliates, agents, employees, predecessors
in interest, successors, and assigns, as well as all authorized or unauthorized
users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute
Resolution. Before either party may seek
arbitration, the party must first send to the other party a written Notice of
Dispute describing the nature and basis of the claim or dispute, and the
requested relief. A Notice to the Company should be sent to: Lluca 28 30. After the Notice is received, you and the
Company may attempt to resolve the claim or dispute informally. If you
and the Company do not resolve the claim or dispute within thirty (30) days
after the Notice is received, either party may begin an arbitration
proceeding. The amount of any settlement offer made by any party may not
be disclosed to the arbitrator until after the arbitrator has determined the
amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American
Arbitration Association, an established alternative dispute resolution provider
that offers arbitration as set forth in this section. If AAA is not available
to arbitrate, the parties shall agree to select an alternative ADR
Provider. The rules of the ADR Provider shall govern all aspects of the
arbitration except to the extent such rules are in conflict with the
Terms. The AAA Consumer Arbitration Rules governing the arbitration are
available online at adr.org or by calling the AAA at 1-800-778-7879. The
arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought
is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing
will be determined by the Arbitration Rules. Any hearing will be held in
a location within 100 miles of your residence, unless you reside outside of the
United States, and unless the parties agree otherwise. If you reside
outside of the U.S., the arbitrator shall give the parties reasonable notice of
the date, time and place of any oral hearings. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than
the last settlement offer that the Company made to you prior to the initiation
of arbitration, the Company will pay you the greater of the award or
$2,500.00. Each party shall bear its own costs and disbursements arising
out of the arbitration and shall pay an equal share of the fees and costs of
the ADR Provider.
Additional Rules for Non-Appearance Based
Arbitration. If non-appearance based arbitration is
elected, the arbitration shall be conducted by telephone, online and/or based
solely on written submissions; the specific manner shall be chosen by the party
initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise agreed by the
parties.
Time Limits. If
you or the Company pursues arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations and within any
deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will
decide the rights and liabilities of you and the Company, and the dispute will
not be consolidated with any other matters or joined with any other cases or
parties. The arbitrator shall have the authority to grant motions
dispositive of all or part of any claim. The arbitrator shall have the
authority to award monetary damages, and to grant any non-monetary remedy or
relief available to an individual under applicable law, the AAA Rules, and the
Terms. The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which the award
is based. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of
the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,
instead electing that all claims and disputes shall be resolved by arbitration
under this Arbitration Agreement. Arbitration procedures are typically
more limited, more efficient and less expensive than rules applicable in a
court and are subject to very limited review by a court. In the event any
litigation should arise between you and the Company in any state or federal
court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND
THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute
be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this
arbitration agreement must be arbitrated or litigated on an individual basis
and not on a class basis, and claims of more than one customer or user cannot
be arbitrated or litigated jointly or consolidated with those of any other
customer or user.
Confidentiality. All
aspects of the arbitration proceeding shall be strictly confidential. The
parties agree to maintain confidentiality unless otherwise required by
law. This paragraph shall not prevent a party from submitting to a court
of law any information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
Severability. If
any part or parts of this Arbitration Agreement are found under the law to be
invalid or unenforceable by a court of competent jurisdiction, then such
specific part or parts shall be of no force and effect and shall be severed and
the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any
or all of the rights and limitations set forth in this Arbitration Agreement
may be waived by the party against whom the claim is asserted. Such
waiver shall not waive or affect any other portion of this Arbitration
Agreement.
Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the
Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain
the status quo pending arbitration. A request for interim measures shall
not be deemed a waiver of any other rights or obligations under this
Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation, violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party’s patent, copyright, trademark or trade
secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration
Agreement permits the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within Netherlands
County, California, for such purposes.
The Service may be subject to U.S. export control laws
and may be subject to export or import regulations in other countries. You
agree not to export, re-export, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such data, in
violation of the United States export laws or regulations.
Electronic Communications. The communications between you and Company use
electronic means, whether you use the Service or send us emails, or whether
Company posts notices on the Service or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from Company in
an electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Company provides to you
electronically satisfy any legal obligation that such communications would
satisfy if it were be in a hard copy writing.
Entire Terms. These
Terms constitute the entire agreement between you and us regarding the use of
the Service. Our failure to exercise or enforce any right or provision of these
Terms shall not operate as a waiver of such right or provision. The section titles
in these Terms are for convenience only and have no legal or contractual
effect. The word "including" means "including without
limitation". If any provision of these Terms is held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired and the
invalid or unenforceable provision will be deemed modified so that it is valid
and enforceable to the maximum extent permitted by law. Your relationship
to Company is that of an independent contractor, and neither party is an agent
or partner of the other. These Terms, and your rights and obligations
herein, may not be assigned, subcontracted, delegated, or otherwise transferred
by you without Company’s prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will be null
and void. Company may freely assign these Terms. The terms and
conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright © DARK CURRY S.L. All rights
reserved. All trademarks, logos and service marks displayed on the Service
are our property or the property of other third-parties. You are not permitted
to use these Marks without our prior written consent or the consent of such
third party which may own the Marks.
Contact Information
Email: info@darkcurry.com