Terms of Service
A. If you do not understand or do not agree to these terms or any future updated version of them, do not use the service. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
Kroy Games reserves the right, in its sole discretion, to change or modify this Terms of Service at any time by
be effective immediately upon posting on the Service, and your continued use of the Service after any changes
or modifications to these Terms of Service are posted will constitute your acceptance of and agreement to such
changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using
the Service. YOU AGREE THAT KROY GAMES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
CHANGE OR MODIFICATION TO THESE TERMS OF SERVICE.
Except as may be expressly specified otherwise by Kroy Games with respect to paid portions of the Service,
Kroy Games reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of
the Service, without notice or liability.
C. Right to Use the Service
Subject to these TOS, Kroy Games hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as previously set forth, you do not receive any other license. Kroy Games retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Kroy Games prior written consent. Kroy Games reserves all rights not expressly granted to you herein.
The Services are, and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from Kroy Games or third parties.
D. Purchases in the Services
Kroy Games may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual
Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
Kroy Games may manage, control, modify, change or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither Kroy Games nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Kroy Games is not liable for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
By law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that Kroy Games is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary.
When using our Services, you may choose to, and in some occasions, you will be required to create an account with us. If you do create an account with us, you agree that you shall take all necessary steps to protect your log in details and keep them secret.
You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
In these terms’ references to “log in details” or “account” include your log in details and account for any socialnetwork or platform that you may allow our Services to interact with.
We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/ or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/ or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your
progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
Your account is personal to you and you are not entitled to transfer your account to any other person.
F. Virtual Goods and Virtual Money
Our games may include virtual currencies such as gems, gold coins (“Virtual Money”), items or services for usewith our games (“Virtual Goods”) or paid subscriptions for Virtual Money and/or Virtual Goods(“Subscriptions”).You agree that once purchased Virtual Money and/ or Subscriptions for such gameplay is not returnable, exchangeable, or refundable. You acknowledge and consent that the provision of Virtual Items for use in connection with the App or Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.
Unless otherwise required by law, you agree that Kroy Games is not required to provide refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under this Agreement was voluntary or involuntary.
EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT KROY GAMES IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY UNUSED VIRTUAL ITEMS WHEN WITH YOUR ASSOCIATED FACEBOOK ACCOUNT USED TO PLAY OUR GAMES OR WHEN YOU CEASE TO USE THE APP OR SERVICES.
G. Code of Conduct
You agree that you will not, under any circumstances:
✓ Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
✓ Use the Services in violation of any applicable law or regulation.
✓ Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
✓ Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
✓ Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
✓ Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
✓ Attempt to gain unauthorized access to the Services, to 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 Kroy Games, 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, encryption, or software that is part of the Services.
✓ Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
✓ Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
✓ Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Kroy Games employees, directors, officers, and customer service representatives.
✓ 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 which impersonates any other person, including, but not limited to, a Kroy Games employee, director or officer.
✓ Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Kroy Games, or to obtain any information from the Services using any method not expressly permitted by Kroy Games.
✓ Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
✓ Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
✓ Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
✓ Engage in any act that Kroy Games deems to conflict with the spirit or intent of the Services or make improper use of Kroy Games support services.
H. Third- Party Services
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which Kroy Games is not a party.
I. Playing our Games with other Users
Our games allow you to play against an opponent or to play socially with other users. You may be able to:
Choose to play against another or to play socially with another user whom Kroy Games selects for you
Play against, or play socially with, one of your contacts on a platform or social network which you have allowed our games to interact with. Our games may also allow you to search for your friends (e.g., by email address) in order to find them to play against or play socially with. We may also display list of names from your past opponents so that you can easily find them to play again.
Where Kroy Games selects another user for you, we may either select at random or use such criteria as we fit to select your opponent (e.g., country, past scores or your other gameplay activity).
By downloading and/ or playing our games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address, another user must already know your email address themselves in order to search for you.
J. Suspension and Termination for your Breach
Without limiting any other remedies available to Kroy Games, if Kroy Games believes that you are in breach of these Terms of Service, Kroy Games reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
K. Availability of Services
a) For residents of the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including ceasing a game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (e.g., technical difficulties experience by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
b) For residents outside the United States: Subject to the following sentence, we do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Money and/ or Virtual Goods or any other part of or Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may update and change our Services in whole or partially without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding availability of the Services which are provided free of charge (that is, not paid for with real money) and we reserve the to modify or discontinue them in our sole discretion without notice to you, including for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (e.g., such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such conditions result in material degradation in the functionality of the Services then any obligation you may have to make payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
L. Limitations to Liability for Residents outside the United States
a) We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
b) We are not responsible for:
✓ losses or harm not caused by our breach of these terms or negligence
✓ losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss
✓ any damage that may be caused to any device on which you access or use any of our Games or other Services that is caused in any way by our Services unless damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services
✓ any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
✓ technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
c.) For any losses or harm (other than those mentioned in section L.a and subject to L.b) in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100-day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
d.) Subject to section e below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.
e.) Any additional legal rights which you may have as a consumer remain unaffected by these terms.
M. Intellectual Property
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than content which is contributed and owned by players) is owned by or licensed to us.
Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/ or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any updated or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purpose of these terms.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRNATED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INLCUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
N. Governing Law
These Terms and any action related thereto will be governed by the laws of Hong Kong without regard to its choice of law or conflict of law principles.
Further, you and we agree to the jurisdiction of the courts in Hong Kong to resolve any dispute, claim or controversy that relates to or arises in connection with the Services (and any non-contractual
disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration as set forth below.
O. Dispute Resolution
If you are having a problem with a Service, several issues can be resolved on either our “Support” link on thatApp or visit our website for Support, before bringing a formal legal case to address your issue. Most disputes can be resolved that way.
If you have any questions about these Terms of Service, please contact Kroy Games via:
Email: email@example.com,through the contact form on our website or the address set forth below.
6/F., Teda Building, 87 Wing Lok Street, Sheung Wan, Hong Kong