Last Updated: February 2012
III. Copyright; Trademarks
IV. Links; Third Party Websites
V. Disclaimer; Limitation of Liability
VII. Service Usage; Termination of Usage
VIII. User Content and Conduct
IX. Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Productions
X. Virtual Currency, Virtual Items, Purchases
XII. Applicable Law; Jurisdiction; Dispute Resolution
XIII. Severability; Interpretation
XIV. Entire Agreement
XVI. Copyright Policy
XVII. Contact Information
We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Service after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Service. In addition, when using particular services or features or making purchases on the Service, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
You must be at least 13 years of age to use the Service. By providing information to Knuddels through the account registration page for new customers or any other part of the Service, you represent to Knuddels that you are 13 years of age or older. If You are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate through the Service and fulfill the obligations set forth in this Agreement.
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You acknowledge that all materials on the Service, including the Service’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Knuddels or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Service through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Knuddels or the respective copyright owner. Knuddels authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Service (including, without limitation, any Marks associated with any products available on the Service) are the sole property of Knuddels and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Knuddels and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Knuddels and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Knuddels. Knuddels will enforce its intellectual property rights to the fullest extent of the law.
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Links on the Service to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Service. Even though virtual currency is offered in return for downloading or subscribing to some third party applications, Knuddels does not control or endorse any third party websites and applications. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that Knuddels and its Affiliated Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Service, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Knuddels expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that Knuddels and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Service.
Knuddels is not responsible for any product or service (including third party applications) sold on or through the Service or any claims of quality or performance made on or through the Service.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, KNUDDELS, ITS PARENT, SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “KNUDDELS AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, KNUDDELS AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KNUDDELS AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KNUDDELS AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING THIRD PARTY APPLICATIONS OR SUBSCRIPTIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
KNUDDELS AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KNUDDELS AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF KNUDDELS AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM KNUDDELS ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID KNUDDELS ANY AMOUNTS FOR ANY PRODUCT, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KNUDDELS IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
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You agree to indemnify, defend and hold harmless Knuddels and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Service, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Service, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Service.
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You are required to establish an account on the Service in order to take advantage of certain features of the Service, including use of the Knuddels application. If you provide information on the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or Knuddels has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Knuddels has the right to suspend or terminate your account and prohibit any and all current or future use of the Service (or any portion thereof) by you.
You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Knuddels reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify Knuddels of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Service, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Knuddels. Knuddels and its Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use the Service only for lawful purposes, and that you are responsible for your use of and communications on the Service. You agree not to post on or transmit through the Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Service in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Service.
You further agree that you will not access the Service by any means except through the interface provided by Knuddels for access to the Service. Creating or maintaining any link from another website or application to any page or functionality on the Service without the prior written authorization of Knuddels is prohibited. Running or displaying the Service or any information or material displayed on the Service in frames or through similar means on another website or application without the prior written authorization of Knuddels is prohibited. Any permitted links to the Service must comply with all applicable laws, rules, and regulations.
Knuddels makes no representation that Materials contained on the Service or products described or offered on the Service are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Service and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Service from any territory where its contents are illegal, and that you, and not Knuddels and its Affiliated Parties, are responsible for compliance with applicable local laws.
Knuddels reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Knuddels and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
You agree that Knuddels may terminate or suspend your access to all or part of the Service, without notice, for any conduct that Knuddels, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Knuddels and its Affiliated Parties.
Sections II, V through VIII, X, XII through XIII, and XV shall survive any termination of this Agreement.
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Where applicable at the Service, you are invited to post your own content (“User Content”). You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Service user or to us, is your sole responsibility. Though the Service is designed to be a safe place to share such User Content, Knuddels cannot guaranty that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Service. Under no circumstances will Knuddels be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Service. KNUDDELS IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICE.
By posting any User Content at the Service, you hereby grant Knuddels a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this Section VIII; and the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Service.
You acknowledge and agree that Knuddels may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Knuddels, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Knuddels worldwide. Posting of User Content to or through the Service, including ideas or disclosures of opinions, is voluntary on your part. No confidential relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Knuddels shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Service. KNUDDELS SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Service to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without limitation, nudity and depiction of drug use);
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of Knuddels, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) “stalk” or otherwise harass another;
(l) collect or store personal information or data about other Service users, or disclose another user’s personal information or data to any third party;
(m) solicit personal information or data from anyone under 18 years of age; and/or
(n) “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Service.
You understand that by using the Service, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Knuddels does not endorse or have control over what is posted as User Content. User Content is not reviewed by Knuddels prior to posting and does not reflect the opinions or policies of Knuddels. Knuddels makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Service. Parents should use appropriate parental discretion in determining whether to grant authorization to minor children to access the Service. Knuddels assumes no responsibility for monitoring the Service for inappropriate submissions or conduct, but reserves the right to do so. If at any time Knuddels chooses, in its sole discretion, to monitor the Service, Knuddels nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Service users submitting any such User Content. Notwithstanding the foregoing, Knuddels and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in Knuddels' sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. Knuddels may store User Content indefinitely. However, Knuddels has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Service users. Knuddels reserves the right, but has no obligation, to monitor disputes between you and other Service users, including disputes regarding the exchange of virtual currency or goods. Knuddels reserves the right to terminate your Service access if Knuddels determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback using forms on the Service. Any comments, suggestions, or feedback relating to the Service (collectively “Feedback”) submitted to Knuddels shall become the property of Knuddels.
Knuddels will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Service, or operations, in the future. Without limitation, Knuddels will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Knuddels, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
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During your use of the Service, you may accumulate virtual currency (“Virtual Currency”) and other virtual items, services and goods (such virtual items, services and goods, collectively, “Virtual Services”), which constitute limited license rights to use a feature of the Service when, as, and if allowed by the Service. Virtual Currency is the fictional currency used in the Service and it may be used to purchase Virtual Services which are stored in a user’s profile and can be used to enhance the look of in-app features or sent to other users. Knuddels may charge fees for the right to use Virtual Currency and/or Virtual Services, or may distribute Virtual Currency and/or Virtual Services without charge, in its sole discretion. Regardless of terminology used, Virtual Currency and Virtual Services represent limited license rights governed solely under this Agreement, have no real value, and are not transferable or redeemable for any sum of money or monetary value from Knuddels at any time. You agree that you have no right, title or property interest into any content that appears in the Service, including without limitation, Virtual Currency and Virtual Services, whether earned through use of the application or purchased from Knuddels, or any other attributes associated with any account or stored on the Service. You agree that Knuddels has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Virtual Currency or Virtual Services as it sees fit in its sole discretion, and that Knuddels will have no liability to you based on its exercise of such rights. All Virtual Currency and Virtual Services may, in our sole discretion, be terminated and forfeited.
We prohibit and do not recognize any purported transfers of Virtual Currency or Virtual Services effectuated outside the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by us in writing. Accordingly, you may not trade, sell or attempt to sell Virtual Currency or Virtual Services for “real” money, or exchange Virtual Currency or Virtual Services for value of any kind outside of a game, without our written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination. Knuddels may halt, suspend, discontinue, or reverse any Virtual Currency or Virtual Services transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of this Agreement or other laws or regulations, or deliberate disruptions to or interference with the Service, such as creating multiple secondary accounts strictly to accumulate Virtual Currency or Virtual Services by using Service features and then funneling it to a singular account.
In the Service you may purchase Virtual Currency or Virtual Services with “real” money. You can order Virtual Currency or Virtual Services by visiting the purchase page in the Service, providing your billing information, confirming the details of your purchase and re-affirming your agreement to this Agreement. When you place an order to purchase Virtual Currency or Virtual Services from our Service, we may send you a confirmatory communication (via email, push notification, text message or otherwise) that will contain details of the items you have ordered. Please check that the details in the confirmatory communication are correct as soon as possible and maintain a copy of it for your records. We keep records of transactions in order to deal with any subsequent queries.
For Virtual Currency or Virtual Services, your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when we make the Virtual Currency or Virtual Services available in your account for you to use in the Service or debit your payment account (e.g., credit card), whichever comes first.
The provision of Virtual Currency or Virtual Services for use in the Service is a service provided by us that commences immediately upon acceptance by us of your purchase. By ordering Virtual Currency or Virtual Services you agree and accept that we will provide them to you immediately following completion of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the Virtual Currency or Virtual Services, or any other items offer through the Service, at any time. YOU ACKNOWLEDGE THAT KNUDDELS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL SERVICES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
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Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafe.org.
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(a) The Services are controlled and operated by Knuddels from within the United States of America, and is intended for use only by residents of the United States. Knuddels makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
(b) Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Thus, for any claim related to this Agreement or our Service where the total amount sought (i) is equal to or more than $10,000 USD, you may, or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by completing the Notice of Dispute Form. Knuddels may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of Knuddels' offer to settle or Knuddels' receipt of the Notice of Dispute Form (whichever is later), you may invoke binding arbitration by filing a separate Demand for Arbitration. A party electing arbitration shall initiate it 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, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in Los Angeles County, California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief; (e) Knuddels will pay all costs for non-frivolous claims; (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g) Knuddels may not seek reimbursement of its attorney’s fees in connection with such arbitration; (h) in the event you receive an arbitration award greater than Knuddels' last written settlement offer, Knuddels will pay a ten thousand U.S. Dollar ($10,000.00 USD) minimum recovery and twice the amount of the your attorney’s fees, (i) claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section XII(b).
(c) The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section XII(b) of this Agreement, it is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the Services shall be finally adjudicated or determined in any court or courts of the State of California, or of the United States of America, in Los Angeles County, California and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by California law.
(d) All claims you bring against Knuddels must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this Agreement. Should either party file a claim contrary to this Section, the other party may recover attorneys’ fees and costs up to ten thousand U.S. Dollars ($10,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
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If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
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The failure of Knuddels and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of Knuddels and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
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We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Knuddels' Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Service;
(d) Your address, telephone number, and email address;
(e) 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
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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If you have any comments, questions, or complaints regarding this Agreement or the Service, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.
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