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This is the agreement between you and us for our services that we make available via our websites. You can only access the services once you agree to the terms.
You are now reading our Terms of Service Agreement (“Terms”) which is a legal agreement between you and Exploding Kittens Inc (
“EK”, “we”, “us”, “our”, as appropriate) regarding the Services you use from us. “Services” means collectively, and sometimes individually, the following: any website(s) (“Sites”), software or other services we make available via our Sites including, but not limited to, Mobile Messaging (defined below).
We’ve tried to be straightforward in our Terms and if you have any questions feel free to send us a note at firstname.lastname@example.org (our “Support Email Address”). You’ll notice that we added some text in italics throughout the Terms to make it easier to read; however this text is provided for guidance only, and does not form part of the Terms.
You’ll notice some capitalized terms in the Terms. They’re called “defined terms,” and we use them so we don’t have to repeat the same language again and again, and to make sure that the use of these terms is consistent throughout the Terms. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.
When you give us information, you need to make sure it stays up to date. Also, don’t share your account with others without our permission.
As long as you agree to the Terms (and as long as the Terms are not terminated—see Section 18), we grant you permission to access and use our Services. If you can’t agree, we can’t let you use our Services.
We may sell products and services via the Site, which will be posted on the Site with the applicable price. We may change these prices at any time and reserve the right to do so. We will charge the payment method (e.g., credit card) for the applicable products purchased, including, but not limited to applicable shipping fees (which will be disclosed to you prior to your purchase) and sales, use or other taxes (each, a “Transaction”). All amounts are payable and charged at the time your order is placed. You expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All amounts and applicable taxes, if any, are payable in United States dollars. Title and risk of loss pass to you upon our transfer of the products to a common carrier.
We strive to make all of our users feel safe and welcome when using our Services and we want everyone to *play* by the same rules. So, if you use our Services as intended, without being abusive, disruptive or disrespectful, or being unfair, you are probably in the clear, but please read all of the Terms carefully to be sure.
You agree not to do any of the following with respect to the Services, as determined by us, as applicable:
Our Service including our Content is owned by us or our licensors. Our Services may let you upload, post and store photos and other content that you own. You retain your ownership of this content, to which we take a license.
Although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with the Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of the Terms or conduct that affects the Services.
We’d love to hear your feedback, good or bad. It helps us improve! But if you give us feedback, we need to be free to use it how we want and without paying you.
We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. This license does not lapse or expire even if we do not exercise our rights under this license within a period of one year. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.
In posting such Feedback, you warrant that your feedback is in compliance with the Terms and you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, or breach the applicable laws.
We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Outside links are for your convenience, but we can’t guarantee them.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
This is a reminder that you’re responsible for any data-related charges that you may incur for using our Services.
You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.
We may send you text messages. If we do, you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. You do not need to purchase anything from us to use receive text messages.
The Services include a mobile message service ("Mobile Messaging") that is operated by Exploding Kittens. Your use of Mobile Messaging constitutes your agreement to these Terms.
By consenting to Mobile Messaging, you agree to receive recurring SMS/text messages with service-related and/or promotional messages, including updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotions, specials, and other marketing offers from and on behalf of us via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with Exploding Kittens. Your participation in this program is completely voluntary.
We do not charge for Mobile Messaging, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of Mobile Messaging at any time. If sending in the US or Canada: Text the single keyword command STOP to +1 (855) 624-7465. If sending using an alphanumeric sender ID in the UK or Australia: Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Exploding Kittens mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Mobile Messaging support or assistance, text HELP to +1 (855) 624-7465 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Mobile Messaging at any time and may notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by Mobile Messaging are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through Mobile Messaging, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Messaging.
When we update the Terms, you need to agree to the updated version to keep using our Services. We also need the freedom to update any part of the Services whenever we see fit, so we are letting you know we can do so at any time.
We may (but don’t have to) update the Terms at any time whenever we think there is a need. Subject to applicable law, if we do so, you will be prompted to agree to the updated Terms upon your next access to the Services or when the updated Terms are otherwise communicated to you. You must agree to these updates to continue using the Services.
We may provide patches, updates, or upgrades to the Services that must be installed in order for you to continue to use the Services. We may update the Services remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the Services until you manually update the Services yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any elements unique to the Services may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Services.
Subject to applicable law, we may change the price of the Services and products at any time, for any reason, without notice or liability to you.
We don’t make any guarantees about the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, EK EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EK makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. EK makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.
This section limits what you can recover from us in a dispute.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EK WILL NOT BE LIABLE IN ANY WAY FOR ANY:
If someone sues us based on your breach of the Terms or your access/use of the Services, you agree to defend us or pay for our defense in that lawsuit.
You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold EKs and its employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of the Terms. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 17.
We reserve the right to terminate the Terms as we see fit in accordance with the applicable law. Reasons we may terminate the Terms include, but are not limited to: if we wind down our game offerings in your region or if you violate the Terms.
To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Services with no liability or notice to you in the event that (a) you breach any terms of the Terms; or (b) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate the Terms in our sole discretion. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of the Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or the Terms. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination.
Where required by applicable law, termination of the Terms does not require a court decision to effect termination or a notice served by a court bailiff as a prerequisite to termination.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not the Terms has been terminated.
The following sections will survive termination of the Terms: 5–9, 12–13, and 15–21.
You are agreeing to the laws of California. Any court cases will be handled in the Southern District of California.
You cannot transfer or assign the Terms to anyone else.
You may not assign or transfer the Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer the Terms without restriction. Subject to the foregoing, the Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
These Terms are our whole agreement (no outside promises). The official version is English. If parts of the Terms don’t apply, the rest remains as much as possible. If we don’t enforce part of the Terms, it doesn’t mean we won’t in the future or we won’t enforce our other rights. Also no one other than you or us can enforce the Terms.
If you have any questions about the Terms, please contact us at email@example.com
Our Services are not intended for children under the age of 13 (and in certain jurisdictions
knowingly collect or solicit personal information from anyone under the age of 13 (and in
certain jurisdictions under the age of 16 or other age as required by law). If you are under
13 (or 16, or other age 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 or other age as required by law), we will promptly take steps to delete such
information. If you are a parent or guardian and believe your child has uploaded personal
information to our site without your consent, you may contact us at
firstname.lastname@example.org. If we become
aware that a child has provided us with personal information in violation of applicable law,
we will delete any personal information we have collected, unless we have a legal obligation
to keep it, and terminate the child's account if applicable.