02. PERSONAL INFORMATION COLLECTION AND USE
When you use our Services, Exploding Kittens collects information from you, including personal information. The
specific types of personal information collected varies with the activity, but may include your name, email
address, phone number, mobile phone number, postal address and credit card or payment information. Some of the
ways you may provide personal information are as follows:
- Participate in a Kickstarter campaign. When you back one of our campaigns on Kickstarter, Kickstarter will provide us with your information so that we can fulfill your reward once a project is backed. We may also use this information to send you news and updates from Exploding Kittens.
- Communications with Exploding Kittens. We may collect personal information from you when you choose to request information about our Services, request customer or technical support or otherwise communicate with us.
- Sign-up for our emails, newsletters. Individuals who provide us with personal information, sign up for our newsletters, sign up for a waitlist, or whose personal information we obtain from third parties may receive periodic emails, newsletters, or mailings from us with information on Exploding Kittens’ products and Services or upcoming offers/events we believe may be of interest.
- Register for contests and special events. Occasionally, Exploding Kittens may run sweepstakes, contests, and other special events. Any contact information you provide may be used to reach out to you about the event for which you registered and for other marketing and business purposes.
- Automatic Data Collection. When you access our Services, we and our third party service providers use automated technologies to collect certain information. The types of information collected may include demographic information such as gender, age, zip code, information about your computer, software, platform, mobile device, and other particulars, including unique device IDs, cookie identifiers, incident data, Internet Protocol (IP) address, Media Access Control (MAC) address, connection, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. In certain games, we may create and assign to your device an identifier that is similar to an account number. We may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you.
- Information Submitted via the Services. You agree that Exploding Kittens is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Exploding Kittens will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
- Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third party application, such as an App Store, we may collect information about you from that third-party application that you have made public or is visible via your privacy settings. This supplemental information allows us to verify information that you have provided to Exploding Kittens and to enhance our ability to provide you with information about our business, products, and Services.
Information Collected by Others. Our Services may contain advertisements, offers and links from companies other than Exploding Kittens that may link to their own websites. In addition, other websites may reference or link to our Services. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party websites or services. Visiting these other websites or applications is at your own risk.
In addition, Exploding Kittens’ Services may include publicly accessible blogs and community forums. The Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Services. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes. Automated Tracking Technologies and Cookies. When you access our Services, we and our third party service providers use automated tracking technologies such as cookies, web beacons and pixel tags. These technologies generally help us better understand user behavior, tell us about web visits, facilitate advertisements, and track game preferences. For example, web beacons, allow us to know if a certain page was visited or whether an e-mail was opened. Pixel tags allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites. Locally shared objects also known as flash cookies, which help us to prevent fraud, remember your in-game preferences and speed up load times.
If you would like to opt out of the automated technologies we employ on our Services, you may do so by blocking, deleting or disabling them as your browser or device permits.
We may also use Google Analytics and Google Analytics Demographics and Interest Report to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop content for the Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners. You can opt out of Google Analytics’ collection and processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout.
03. HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect as follows:
Provide Products, Services Or Information Requested, including:
- To fulfill (directly or through our authorized partners) your purchase, access or use of our Services;
- To respond to user and customer inquiries, provide technical support and solicit feedback to improve our Services;
- To allow you to register for events.
Administrative Purposes, including:
- To measure your interest in Exploding Kitten’s Services;
- To develop new products and Services;
- To ensure internal quality control;
- To communicate with you about the Services;
- To prevent potentially prohibited or illegal activities;
- To enforce our Terms of Service or other agreements.
Provide Products, Services Or Information Requeste, including:
- To tailor content, advertisements, and offers;
- To notify you about offers, products and services that may be of interest to you;
- To provide you with periodic emails and newsletters;
- Otherwise as you consent.
- Research and Development. Exploding Kittens may use your Information to help us optimally deliver our existing products and Services and develop new products and Services.
- Anonymous or Aggregated Information. Exploding Kittens may use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Exploding Kittens’ Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not personal information, and Exploding Kittens may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Exploding Kittens and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
- Sharing Content. Exploding Kittens’ Services may offer various tools and functionalities. For example, our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Exploding Kittens or any other third parties for any other purpose.
Uses. Exploding Kittens may use personal information to pursue our legitimate interests (e.g., direct marketing, research (including marketing research), fraud prevention, network and information security, and disclosure to affiliated organizations for administrative tasks), for any other purpose disclosed to you at the time you provided such information, or otherwise with your consent.
04. SHARING AND DISCLOSURE OF YOUR INFORMATION
As a rule, we don’t share your personal information except as provided below. In limited circumstances, we may
share your information (in some cases personal information) with third parties. We discuss these limited
exceptions in greater detail below.
Displaying to Others. The Services may allow you to post content which may be publicly displayed or available to others. Other individuals may be able to see some information about you, such as your name, profile picture, and the content you post. We are not responsible for the privacy practices of other users who will view and use the posted information.
Exploding Kittens’ Associate Company. Exploding Kittens may share your personal information with an Exploding Kittens’ Associate Company for its marketing purposes. An "Exploding Kittens’ Associate Company" means any separate legal entity linked by at least 10% common ownership with Exploding Kittens and that has agreed to and is in compliance with Exploding Kittens’ data privacy and security requirements. You may know these Exploding Kittens’ Associate Companies as “You’ve Got Crabs”, Bears vs Babies”, “Kitty Convict Project”, and “The Oatmeal.” If you woud prefer to opt-out of this Exploding Kittens’ Associate Company marketing, you may send an e-mail to firstname.lastname@example.org Place "Opt-Out - Associate Company" in the subject line and include your first name, last name, e-mail address if you have accessed the game from a third party provider (if applicable) in the body of the e-mail.
Safety, Security and Compliance with Law. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms of service; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
Targeted and Behavioral Advertising. We may share your information with authorized third party service providers to perform a variety of operational and marketing services on our behalf, including, but not limited to, payment processing, product shipments, data analysis, e-mail and newsletter delivery, hosting and storage services, customer service and to assist us in our marketing efforts. We direct and rely on representations of these third party service providers to maintain the confidentiality of your information and to use your information only to provide services on our behalf. Please be aware that third party service providers, such as Apple, Google and Amazon independently collect personal information relating in connection with your access, use or purchase of our Services (e.g. our Apps and our products). Your information provided to those third parties will be governed by their own privacy policies.
Sale or Merger. Through our Services, Exploding Kittens may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, device or cookie ID, page(s) visited, time of day). We may also share non-personal information (e.g., aggregated and non-attributable data) and certain technical information (including IP Addresses and mobile device IDs) to develop and deliver targeted advertising in the Services and on the websites or platforms of third parties.
Under these programs, we may allow advertisers to collect this of information and share it with us. Advertisers collect this information through the use of automated tracking technologies like browser cookies and web beacons as described above. This information (and similar information collected from other websites) is used to tailor and offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, as well as 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, please review Your Information Choices and Tools below.
05. YOUR INFORMATION CHOICES AND TOOLS
The privacy of our customers is important to us. In many cases, you can manage information collected about you
or your activities and opt-out of certain programs by following the guidelines below.
In accordance with applicable law, you may have the right to object to our processing of your information and/or withdraw your consent. You may do so by emailing email@example.com.
In some cases, you may prevent the installation of cookies by adjusting your browser settings. Please note that if you disable cookies, it is possible that you may not use all functionalities of Exploding Kittens’ Services. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, please visit the Network Advertising Initiative or the Advertising Alliance.
With respect to usage of our Apps, you can turn off push notifications by visiting the "options" or "settings" page within the relevant game. You can turn off local notifications by visiting the "options" or "settings" page within the relevant game. You can also stop use of your geo-location (for example through "check-ins") by visiting your device's settings for the relevant application or the "settings" page for the relevant game. You can also stop checking in.
You can choose to opt out of receiving additional promotional e-mails from Exploding Kittens by clicking on the "unsubscribe" link in any such e-mail. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.
If you no longer want Exploding Kittens to process or make active use of your information, you may send an e-mail to firstname.lastname@example.org. Place "Delete My Account" in the subject line and include your first name, last name, e-mail address if you have accessed the game from a third party provider (if applicable) in the body of the e-mail. Please note that we will process these requests in accordance with applicable laws and certain records will be retained for legal and accounting purposes. If you have sent or posted content on the Services, we may not be able to delete it. Please consult the privacy policies of those third party providers to learn about their removal procedures.
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we process your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive a portable, electronic copy of your personal information; or (iv) seek correction of inaccurate or incomplete personal information, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us at email@example.com.
We will process such requests in accordance with local laws. To protect your privacy, Exploding Kittens will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
06. INTERNATIONAL TRANSFERS, INFORMATION SECURITY AND RETENTION
You agree that all information collected via or by Exploding Kittens may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates, or the servers of our service providers, in order to provide the Services.
Exploding Kittens uses reasonable measures to protect personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. You use our Services at your own risk, and you’re responsible for taking reasonable measures to secure your accounts (like a strong password). If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at firstname.lastname@example.org.
We will retain your personal information for the period necessary to fulfill the purposes for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.
07. OUR POLICIES CONCERNING CHILDREN
Our Services are not intended for children under the age of 13 (and in certain jurisdictions under the age of
the age of 13 (and in certain jurisdictions under the age of 16). If you are under 13 (or 16 where applicable),
please do not attempt to register for the Services or send any personal information about yourself to us. If we
learn that we have inadvertently collected personal information from a child under age 13 (and in certain
jurisdictions under the age of 16), we will promptly take steps to delete such information. If you believe that
a child under 13 (and in certain jurisdiction under the age of 16) may have provided us personal information,
please contact email@example.com.
09. CALIFORNIA PRIVACY RIGHTS/DO NOT TRACK DISCLOSURES
California law permits users who are California residents to request and obtain from us once a year, free of
charge, a list of the third parties to whom we have disclosed their personal information (if any) for their
direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to
information with third parties for their own marketing purposes.
Exploding Kittens does not respond to DNT signals in browsers, which means we may track users across the web to offer them relevant ads on and off the Services.
10. SUPERVISORY AUTHORITY
For users of our Services located in the European Economic Area, you have the right to lodge a complaint with a
supervisory authority if you believe our processing of your personal information violates applicable law.
11. CONTACT US
e-mail to firstname.lastname@example.org or call 323-609-5022.
All other inquiries should be directed to Exploding Kittens’ support page or to Exploding Kittens Inc, 100 N.
Crescent Drive, Suite 100, Beverly Hills, CA 90210 USA
12. TERMS OF SERVICE
EFFECTIVE AS OF APRIL 13, 2016
1.1. AGREEMENT TO TERMS
This Terms of Service Agreement ("Terms") is a legally binding contract between you and Exploding Kittens Inc
(hereinafter "EK" or "us" or "we"), and governs your use of EK’s website(s) ("Sites"), mobile applications
("Apps"), content, official social media pages, and products (collectively, our "Services").
End users of our Apps are also subject to EK’s End User License Agreement or EULA available here. Additional posted guidelines and conditions of use ("Conditions") may be applicable to products or specific areas of the Services.
Important Notice: These Terms require the use of arbitration (Section 8 below) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1.5. THIRD PARTY SERVICESIf you use our Apps or Services on or through a third party service, you will be required to agree to and comply with their separate terms and conditions. You are responsible for full compliance and for fees that you incur when accessing the Services through third party services.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF EK. GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH EK WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
As part of the registration process you may be EK required to select a username and password. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity. You will be responsible for all activities occurring under your username and for keeping your password secure. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your password, you must immediately notify EK and modify your password Information;
We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. EK reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights or is deemed by us to be offensive.
1.7. ACCESS RULES AND RESTRICTIONSTo ensure that everyone can enjoy the Services, we list a number of rules and restrictions that apply to your use of the Services and are a condition of your Limited License grant, including the following:
- You must be 13 or over to use the Services.
- You must restrict access to any account by children under the age of 13. You accept responsibility for any unauthorized use of the Services by minors in connection with your Account and are fully responsible for any use of your credit card or other payment instrument (e.g. Apple App Store, PayPal and Facebook Credits) by minors;
- You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not use the Services if you have previously been removed by EK or previously been banned from playing any EK game;
- You shall use the Services only for non-commercial purposes;
- You shall not use the Services or your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
- You shall not use the Services or your Account to engage in any illegal conduct;
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY EK GAME IS A VIOLATION OF EK POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
- Engage in any act that EK deems to be in conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- Make improper use of EK’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
- Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; CHEATING AND HACKING
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Services or any EK game experience;
- Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any EK game experience;
- Without EK’s express written consent, modify or cause to be modified any files that are a part of the Services;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Services or any EK game environment (each a "Server"); or (2) the enjoyment of the Services or any EK game by any other person;
- Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services; or
- Attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by EK, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services; OFFENSIVE OR INFRINGING CONTENT
- Post any information that is abusive, threatening, bullying, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, in EK’s sole determination, including but especially directed at minors;
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including EK employees, including EK’s customer service representatives; or
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a EK employee; COMMERCIAL ACTIVITY
- Without EK’s express written consent, use the Services or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;
- Use the Services or any part thereof for performing in-game services, such as leveling-up and item collection services, in exchange for payment outside the Services; or
- Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; UNAUTHORIZED USE OR CONNECTION TO THE SERVICE
- Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms;
- Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Services or that is in transit from or to the Services. EK may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by EK;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by EK; or
- Copy, modify or distribute rights or content from any EK site or game, or EK’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms; COLLECTION AND PUBLICATION OF PERSONAL INFORMATION
- Solicit or attempt to solicit personal information from other users of the Services; Collect, harvest or post anyone’s private information, including personally information (whether in text, image or video form), identification documents, or financial information through the Service; or
- upload or transmit or attempt to upload or transmit, without EK’s express permission, any material that acts as a passive or active information collection or transmission mechanism.
You agree that you will not, under any circumstances:
You agree that you will not, under any circumstances:
You agree that you will not, under any circumstances:
You agree that you will not, under any circumstances:
You agree that you will not, under any circumstances:
Without limiting the generality of the foregoing rules and restrictions, EK reserves the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, edit or remove any material, content or service area for any reason;
- Deactivate or delete your account(s) and all related information and files in your account(s);
- Establish general practices and limits concerning use of our sites and Services.
You agree that EK will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services. The above is not a complete list of restricted prohibited uses of the Service. Our Services are subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
1.8. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICEWITHOUT LIMITING ANY OTHER REMEDIES, EK MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR EK SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND EK IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
1.9.1 SERVICES AND ALL CONTENT CONTAINED THEREINThe Services (including without limitation any Apps, content, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using an App or EK game client, and the EK game clients and server software) are protected by trademark, copyright or other proprietary rights of EK. EK reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the ServiceS.
To the extent that you provide us with any suggestions, feedback or other information relating to our business or the ServiceS (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to EK a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
1.9.4 USER CONTENT"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a EK game client or the ServiceS, or that other users upload or transmit, including without limitation any chat text.
You own your User Content. You hereby grant EK and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant us to use user posted content (except any content you submit in response to EK promotions and competitions or any other content specifically solicited by EK) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies.
2. USER CONTENT
2.1. CONTENT SCREENING
You are entirely responsible for all User Content you post or otherwise transmit via the Services. EK assumes no
responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for
monitoring the Services for inappropriate or illegal content or conduct. We have no obligation to monitor User
Content. If we choose at any time, in our sole discretion, to monitor the Services, we have the right, in our
sole discretion, to edit, refuse to post, or remove any User Content and we may monitor and/or record your
interaction with the Services or communications (including without limitation chat text and voice
communications) when you are using the Services. By entering into these Terms, you hereby provide your
irrevocable consent to such monitoring and recording.
2.2. INFORMATION USE BY OTHER USERS OF THE SERVICE
2.2.1. PUBLIC DISCOURSE & UNSOLICITED IDEASThe Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. EK cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. EK shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively "Submissions") within the Service you understand and agree that EK (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
EK IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST.
2.2.2. RESPONSIBLE FOR YOUR OWN CONTENTYou are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms, and EK assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact our customer support department. EK may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of EK may violate these Terms. EK reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Services.
2.3. DISCLOSUREYour information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce these Terms; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
2.4. USER INTERACTIONS
2.4.1 MEMBER DISPUTESYou are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or EK games. EK reserves the right, but has no obligation, to become involved in any way with these disputes.
2.4.2 RELEASEYou are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or EK games. EK reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, 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."
3. FEES AND PURCHASE TERMS
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE
Your license to Virtual Items for use in EK games is a service provided by EK that commences upon acceptance by EK of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that EK will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from EK, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
3.2. PAYMENT OF FEESYou agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. EK may revise the pricing for the goods and services it licenses to you through the Services at any time. YOU ACKNOWLEDGE THAT EK 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.
4. THIRD PARTY ADVERTISING, LINKS, ENDORSEMENTS, SITES
4.2. ENDORSEMENTS AND LINKS TO THIRD PARTY SITESEK MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICES. THIS MEANS EK MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
EK makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of EK and may collect data or solicit personal information from you. EK is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by EK of these linked sites. Any charges or obligations you incur in your dealings with these third parties are your responsibility.
5. COPYRIGHT NOTICES/COMPLAINTSYou may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is EK's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service or in a EK game in a way that may constitute copyright infringement, you may provide notice of your claim to EK at the address listed below. For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located;
- Information reasonably sufficient to permit EK to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all copyright claim notices to: Exploding Kittens, Inc, Attn: DMCA Agent, Exploding Kittens, Inc 100 N. Crescent Drive, Suite 100, Beverly Hills, CA 90210; email@example.com.
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to EK at the address indicated above setting forth the following items:
- An identification of the URLs or other unique identifying information or material that EK has removed or to which EK has disabled access;
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and use Los Angeles County, California, USA, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
- A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your physical or electronic signature.
EK reserves the right to terminate without notice any user's access to the Services if that user is determined by EK, in its sole discretion, to be a "repeat infringer." In addition, EK accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. THIRD PARTY ADVERTISEMENTSYou understand that the Service is an evolving one. EK may require that you accept updates to the Services and to EK’s games you have installed on your computer or mobile device. You acknowledge and agree that EK may update the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play EK’s games.
7. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
7.1. DISCLAIMER OF WARRANTIESEK PROVIDES YOU THESE SERVICES TO YOU ON AN AS IS AND AS AVAILABLE BASES. YOU USE THE SERVICES AT YOUR OWN RISK AND DISCRETION.
THE SERVICES DON’T COME WITH ANY WARRANTY - EITHER EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT; PROVIDED THAT, TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER EK NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "EK PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
7.2. WAIVERS AND LIMITATIONS OF LIABILITYEK WON'T BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USE OF THE SERVICES. THIS INCLUDES IF THE SERVICES ARE UNAVAILABLE AND ALL TYPES OF DAMAGES (INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY). IT ALSO INCLUDES ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER TYPE OF LOSS.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE EK PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE EK PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF EK.
7.3. INDEMNIFICATIONYou agree to indemnify, save, and hold EK, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. EK reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify EK, and you agree to cooperate with EK’s defense of these claims. EK will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of your use of the Services.
8. DISPUTE RESOLUTION
8.1. ARBITRATIONIf a dispute arises between you and EK, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and EK agree to resolve any claim or controversy at law or equity relating to this Agreement or the Services (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (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 shall be final and may be entered in any court of competent jurisdiction.
8.2. CHOICE OF LAW AND JURISDICTIONThese Terms are governed by California law, without reference to its conflict of laws provisions. You agree to submit to the personal jurisdiction of Los Angeles County in connection with any dispute or arbitrator’s judgment.
8.3. IMPROPERLY FILED CLAIMSAll claims you bring against EK must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Sections 8.1 or 8.2 shall be considered improperly filed. Should you file a claim contrary to Sections 8.1 or 8.2, EK shall be entitled to recover attorneys' fees and costs up to $5,000, provided that EK has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
9. SEVERABILITYIf any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
10. GENERAL PROVISIONSIn this agreement, "EK" means Exploding Kittens, Inc , located at 100 N. Crescent Drive Suite 100 Beverly Hills, CA 90210. "EK" includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
10.2. SUPPLEMENTAL TERMS AND POLICIESEK may publish additional terms policies related to specific services, such as the EULA governing the applications for mobile devices. Your right to use such services is subject to those specific policies and these Terms.
In the event of a conflict between a translation of the EK Policies and the English version, the English version of the EK Policies will control.
10.5. NO WAIVERIf EK doesn’t exercise a particular right under these Terms, that doesn’t waive it. No representations, statements, consents, waivers, or other acts or omissions by EK shall be deemed a modification of these Terms nor be legally binding.
10.7. EQUITABLE REMEDIESNotwithstanding the binding arbitration provisions hereof and any contrary provisions herein, EK has the following equitable rights and remedies.
You acknowledge that the rights granted and obligations made under these Terms to EK are of a unique and irreplaceable nature, the loss of which shall irreparably harm EK and which cannot be replaced by monetary damages alone. Accordingly, EK 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.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any EK game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).