1 By installing, using, or otherwise accessing the Service you agree with the applicability and content of these Terms of Use as well as the applicable privacy policy. Certain parts of the Service where you can download games or pay for in-game credits may include additional terms and conditions from us or our suppliers, licensors, or other third parties, that supplement these Terms of Use. By using these services, you agree to comply with such additional terms and conditions. If you do not agree to the Terms of Use, the applicable Privacy Policy, or additional terms and conditions, do not use the Service.
2 Subject to your agreement and continuing compliance with these Terms of Use and any other relevant policies and terms and conditions, We grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
We offer a great variety of games on its portals and other platforms such as application stores. These games are free to play unless indicated otherwise. However, you are solely responsible for any costs you may incur using the Service through any wireless or another communication service. In certain games, you may purchase virtual items (such as a virtual game element or virtual coins) or a subscription to download a game. For processing any payments on our Sites or any other platform, Our Games may use third-party payment providers.
The terms of this agreement (“Terms of Use”) govern the relationship regarding your use of our games of MS KOKOZONE GAMES including all information, text, graphics, software, and services, available for your use.
Your download, installation, or use of the App constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms of Use, you should cease downloading, installing, or using the App immediately.
We reserve the right to change these Terms of Use at any time without notice to you by posting changes by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing information posted within the app to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended
Use of the Apps/games does not include the provision of a mobile device or other necessary equipment to access it. To use the Apps you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
You shall not in any way use the Apps or submit to us or the Apps or any user of the Apps anything which in any respect:
You agree not to reproduce, duplicate, copy or re-sell the Apps or any part of the Apps save as may be permitted by these Terms of Use.
You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the App for use on the Apps or general marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions, or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.
You agree to comply at all times with any instructions for use of the Apps which we make from time to time.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
3.1 The Service may contain content from players (“User Generated Content”), such as messages, wall posts, opinions, comments, pictures, or graphics. We are not actively involved in the creation or publication of such User Generated Content. We do not endorse any User Generated Content, nor do we warrant that such content does not infringe any third party rights or is not (otherwise) unlawful. Your use of the Service is at your own risk. By using the Service, you may be exposed to User-Generated Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Generated Content available in connection with the Service. We are not responsible nor liable for any User Generated Content. We do however appreciate it if you report any irregularities that you encounter regarding We may subsequently take action against the reported User Generated Content, as we deem – at our discretion – appropriate under the given circumstances.
3.2 If you submit any User Generated Content yourself, you grant us a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) to use, publish, reproduce, distribute, adjust, prepare derivative works of, or otherwise exploit in any manner whatsoever such submitted User Generated Content, or any portion thereof, by any means and in all forms of media, now known or hereafter developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have regarding such User Generated Content.
3.3 Without prejudice to 3.2, you will retain possible ownership in your User Generated Content. We reserve the right to monitor any User-Generated Content and your activities in connection with the Service, but cannot monitor or prescreen all of the User-Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted on the Service at our discretion, for any reason whatsoever at any time.
3.4 If you submit any User Generated Content to the Service, you:
4.1 When providing you with our games on the Service we may display advertising before, in, after around such games. Any dealings you engage in with any advertisers via our Service are between you and the advertiser, and subject to additional terms and conditions from such advertiser (if any). We are not liable for any loss or claim you may have against any advertiser.
4.2 The Service may include links to websites of third parties, including links provided as automated search results. The existence of such links does not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party sites.
5.1 You may use the Service offered on it only for lawful, personal, non-commercial purposes. To the extent any content is available for downloading, such content may only be downloaded for personal use, and may not be further reproduced or distributed. Any download is subject to the rules that accompany that particular content.
5.2 You may not:
iii) use the Service in a manner that exceeds the rights granted for your use;
vii) offer any form of advertising or promotion on the Service without our prior written consent;
viii) provide any false personal information or any information, content, or material on account of a third party without permission;
vii) use the Service in a manner that could damage, disable, or overburden our servers or networks;
iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
We reserve the right to determine what conduct it considers to violate the Terms of Use or otherwise outside the intent or spirit of these Terms of Use. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
Access to the Apps may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.
We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses, or other code that may affect, any equipment (including but not limited to your mobile device), software, data, or other property as a result of your download, installation, access to, or use of the App or you’re obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.
We make no representation or warranty, express or implied, that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed, or in any way linked to any platform operator, including, without limitation, Apple, Google Play Store, Android, or RIM Blackberry (each being an “Operator”).
Your download, installation, access to, or use of the App is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services concerning the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services concerning the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant Operator and that Operator will refund the purchase price for the App (if any purchase price has been paid) to you; and, to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever concerning the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims to arise under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
You must comply with any applicable third-party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
you assume all responsibility and risk concerning your use of the app. the app is available “as is,” and “as available”. you understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations, and endorsements, express or implied, about the site, including, without limitation, implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose.
We Do Not Warrant Use Of The Site Will Be Uninterrupted Or Error-free Or That Errors Will Be Detected Or Corrected. We Do Not Assume Any Liability Or Responsibility For Any Computer Viruses, Bugs, Malicious Code Or Other Harmful Components, Delays, Inaccuracies, Errors Or Omissions, Or The Accuracy, Completeness, Reliability Or Usefulness Of The Information Disclosed Or Accessed Through The App.
We Have No Duty To Update Or Modify The App And We Are Not Liable For Our Failure To Do So. In No Event, Under No Legal Or Equitable Theory (Whether Tort, Contract, Strict Liability Or Otherwise), Shall We Or Any Of Our Respective Employees, Directors, Officers, Agents Or Affiliates, Be Liable Hereunder Or Otherwise For Any Loss Or Damage Of Any Kind, Direct Or Indirect, In Connection With Or Arising From The App, The Use Of The App Or Our Agreement With You Concerning The App, Including, But Not Limited To, Compensatory, Direct, Consequential, Incidental, Indirect, Special Or Punitive Damages, Lost Anticipated Profits, Loss Of Goodwill, Loss Of Data, Business Interruption, Accuracy Of Results, Or Computer Failure Or Malfunction, Even If We Have Been Advised Of Or Should Have Known Of The Possibility Of Such Damages.
If Any Limitation On Remedies, Damages Or Liability Is Prohibited Or Restricted By Law, We Shall Remain Entitled To The Maximum Disclaimers And Limitations Available Under This Agreement, At Law And/Or In Equity.
6.1 Within certain games on the Service you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license for virtual items (such as a virtual game element or virtual coins), game progress, or a subscription to (download) a game (hereinafter together referred to as “Paid Services”), provided that you have registered an Account on the Service. You may only purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. We may manage, regulate, control, modify, eliminate or change the price of virtual items and/or services at any time, with or without notice. We shall have no liability to you or any third party if we exercise any such rights. The transfer of virtual items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer virtual items to any person or entity, including but not limited to us, another user, or any third party.
7.1 The Service includes a variety of content, marks, data, works, and material of us and third parties (hereinafter together referred to as the “Content”), including but not limited to logo’s, trademarks, look & feel trade names, software, games, layouts, information, text, data, music, video, images, scripts, designs, graphics, button icons, instructions, and illustrations.
Unless otherwise specified in writing, all Content is owned, controlled, or licensed by us or our licensors. All Content is copyrighted under copyright laws and/or other intellectual property laws protecting it from unauthorized use. The Trademarks, logos, and designs may not be used without our express written permission. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other proprietary rights in the Account. All right in and to the Account is and shall remain owned and inure to our benefit.
7.2 We may make Content available for you to download or use. Such Content will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the Content, then the following license, in addition to the other terms of these Terms of Use, shall govern your use of such Content. We grant you a personal, nonexclusive, non-transferable, limited license to install the Content on any single computer or device. The Content is protected by copyright and other intellectual property laws and treaties and is owned by us or our licensors. You may not sell or redistribute the Content. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations regarding your use of the Content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the Content and update it to improve its performance and capabilities. If you shut down the Content during an automatic update or otherwise interfere with the installation of the update, the content may be damaged and/or cease to operate.
7.3 The Service is continuously evolving and we may require that you accept updates to the Content and the Service. Such updates may take place with and without notification.
You agree to indemnify and hold that each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any losses, expenses, damages, costs, and expenses (including attorneys’ fees), resulting from your use of the App and/or any violation of the terms of this Agreement.
We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement, or compromise negotiations, as requested by us.
If any of these terms should be determined to be illegal, invalid, or otherwise unenforceable because of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.Non-assignment:
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Except as expressly stated in these Terms of Use, all warranties and conditions, whether express or implied by statute, common law, or otherwise are hereby excluded to the extent permitted by law.
This contract and any supplemental terms, policies, rules, and guidelines posted on the Service constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You agree that we may electronically provide to you required notices, agreements, and other information concerning the Service. If you no longer agree to receive notices electronically, please cease using the Service and/or expunge the Service from your computer or device.
We may change these Terms of Use and will provide notice thereof via the Service. The most recent version of these terms shall at all times be accessible via the Service. You are responsible for checking these Terms of Use periodically for changes. If you continue to use the Service after the changes to these Terms of Use have come into force, you are signifying your acceptance of the new terms.
You acknowledge that the rights granted and obligations made under these Terms of Use to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
