Kage Games, LLC
Kage Games Mobile Application and Game Service
Terms and Conditions of Use
Please read carefully. This document contains legal information, including the Terms and Conditions and Code of Conduct applicable to the Kage Games Mobile Application and Game Service (herein after referred to collectively as "The Game"). The Game includes downloadable software application(s) as well as online services provided to you by Kage Games, LLC through their website. The Game is the property of Kage Games, LLC (herein after referred to as the "Company").
BY INSTALLING, COPYING OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME.
This app is for mature audiences only. DO NOT DOWNLOAD THIS APP IF YOU ARE UNDER 13 YEARS OF AGE. See below for more information on age restrictions.
THIS GAME IS A VIRTUAL FANTASY GAME. NONE OF THE ACTIONS, EVENTS, CHARACTERS, ETC. IN THE GAME REPRESENT ANYTHING ACTUAL OR REAL. THE GAME DOES NOT PROMOTE OR CONDONE ANY ILLEGAL ACTIVITY, ESPECIALLY DOG FIGHTING.
TERMS & CONDITIONS OF USE
The Company provides access to this website and any related services provided hereon subject to your compliance with the following Terms & Conditions. These Terms & Conditions constitute an agreement between you and the Company ("Agreement") that governs the relationship between you and the Company with respect to your use of this website and the related services. Thus, it is important that you read carefully and understand these Terms & Conditions.
By using the Websites, you confirm that you are 18 years of age or older. If you are under 18 years of age, please do not download or use the Game. You agree that if your computer, Internet-enabled device, Internet connection, and/or facilities (whether owned, leased, or borrowed) access or assist users in accessing the Websites or services, you will not allow or assist, knowingly or unknowingly, persons under 18 years old to access the Game. You agree that if you do allow or assist children under 18 years old to access the Websites the Game with your computer, Internet-enabled device, Internet connection, and/or facilities (whether owned, leased or borrowed), you will assume full liability for any consequences, and that under no circumstances (including, but not limited to, negligence) will the Company or their respective agents be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of or inability to use the sites by users under 18 years of age, even if such party has been advised of the possibility of such damages.
Code of Conduct
The following rules, policies, and disclaimers shall govern and/or apply to your use of Game:
You agree, by using the Game, that: (1) you will only use the Game for lawful purposes, in compliance with applicable laws, for your own personal, non-commercial use; (2) you will not restrict or inhibit any other user from using and enjoying the Game provided hereon (for example, by means of hacking or defacement); (3) you will not use the Game to create, upload, or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one's privacy, or otherwise in violation of any law; (4) you will not post, upload, or create any copyrighted material using the Game provided hereon unless you own the copyright in and to such material; (5) you will not post, upload, or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (6) you will not post, upload, create, or transmit materials in violation of another party's copyright or other intellectual property rights; (7) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the Game, or the contents of such website or services; and (8) you will not impersonate any other individual or entity in connection with your use of the Game.
When we provide online services involving user-posted messages or content, we do not review every posting, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company or the Game. If you feel that any posting is objectionable, we encourage you to contact us by email at email@example.com. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately. We reserve the right to remove (or not) any posted message or content for any (or no) reason whatsoever. You remain solely responsible for your postings, and you agree to indemnify and hold harmless the Company and its agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden in the Game.
We reserve the right to reveal your identity (including whatever information we know about you) without notice to you in order to comply with applicable law, law enforcement agencies, to protect our rights, or protect the rights of other users of the Game.
Limitation of Services
Subject to full compliance with the Terms & Conditions, the Company may offer to provide certain services and content. The Company may change, suspend or discontinue the Game for any reason, at any time, including the availability of any feature or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Game without notice or liability.
PLEASE NOTE: The Company welcomes input from you and the gaming community. However, any submissions to the Company of any nature whatsoever, whether through a posting on a Company website, email to the company, mail, or any other means, becomes the sole and exclusive property of the Company, which shall have full right, title and interest thereto, including all copyrights, in all mediums now existing or hereafter created, and without any obligation to account, credit, or make any payment to the submitter for any use thereof. No purported reservation of rights incorporated in or accompanying any submission shall have any force or effect. By making a submission of any kind to the Company, you hereby agree to all of the foregoing.
Limited License By The Company
The Company grants you a limited, non-sublicensable license to access and use the Game. Such license is subject to these Terms & Conditions, and specifically conditioned upon the following: (i) you may only use the Game for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Game, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Game; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Game other than for its intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Game (except for page caching), except as provided herein.
Except as expressly permitted above, any use of any portion of the Game without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms & Conditions may be construed as conferring any license to intellectual property rights. This license is revocable at any time.
You represent and warrant that your use of the Game will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify the Company against any liability to any person arising out of your use of the Game not in accordance with these Terms & Conditions.
License To The Company
By posting messages, uploading files, creating files, inputting data, or engaging in any form of communication with or through the Game, you are granting the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such material; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material.
The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
Trademark and Copyright Information
All Game material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Game material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of the Company in each instance.
All other trademarks are the property of their respective owners.
Warranty and Disclaimer
THE COMPANY MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER THE COMPANY, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, ENDORSE, TAKE RESPONSIBILITY FOR, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS GAME AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS GAME.
THE COMPANY, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS GAME OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS GAME, AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE GAME AND/OR THOSE SERVICES. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS GAME AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS GAME OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN GAME OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS. FOR THE AVOIDANCE OF DOUBT, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED IN THIS GAME WILL BE UPDATED (IF AT ALL).
Void Where Prohibited
Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Game is void where prohibited.
You agree to indemnify, defend, and hold harmless the Company and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
Each party to this Agreement agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
The Company may terminate or suspend any and all access to the Game and any registered account immediately, without prior notice or liability, for any reason, including if you breach any of the terms or conditions of the Terms & Conditions. Upon termination of your account, your right to use the Game will immediately cease. If you wish to terminate your account, you may simply discontinue using the Game. All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. The Company may modify the terms of this Agreement at any time in its sole discretion by posting a revised Agreement on the Company’s website under a heading entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.
If you believe that the Company should be notified of a possible online copyright infringement please notify the Company at firstname.lastname@example.org.