- LIMITED LICENSE, LOGIN INFORMATION, AND YOUR ACCOUNT AND ELIGIBILITY.
Limited License Grant
Login Information and Your Kerosene Account
You may create an account with us (“Kerosene Account”) by providing a username and/or email address and a password (“Login Information”). With some Kerosene Services, we may also allow you to create an account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).You shall not share your Kerosene Account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, In-App Purchases, Service Charges, or other changes to your Kerosene Account and/or Kerosene Account status, whether or not authorized by you. Kerosene will not be responsible for anything that happens through or to your Kerosene Account and/or Kerosene Account status as a result of you allowing any third party to access your Login Information and/or Kerosene Account.Kerosene 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 the third party’s rights.
- NO TRANSFER OF ACCOUNTS OR IN-GAME ITEMS
- INTELLECTUAL PROPERTY RIGHTS IN THE GAME
- CODE OF CONDUCT
You agree to comply with the following requirements (our "Code of Conduct") when you access Kerosene Services:
— You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download a Kerosene Service, including any terms regarding payment for In-App Purchases and Service Charges made through such platforms.
— You will not attempt to obtain login information or access another user’s account or collect or harvest personal information from other users.
— You will not exploit, distribute or publicly inform other users of any Kerosene Service error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology.
— You will not exploit differences in pricing for In-App Purchases or In-Service Content (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase In-Service Content on your behalf in order to take advantage of a difference in pricing.
— You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
— You will not use Kerosene Services for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Service Content for sale.
— You will not use Kerosene Services for performing services for payment, such as leveling up or item collection services.
— You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with an Kerosene Service experience.
— You will not remove or obscure any proprietary notices within Kerosene Services.
— You will not disrupt or attempt to disrupt Kerosene Services or any other person’s use or enjoyment of Kerosene Services.
— You will not attempt to gain unauthorized access to Kerosene Services, to accounts registered to others, or to networks from which portions of Kerosene Services are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for Kerosene Services.
— You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from Kerosene Services or that is in transit from or to Kerosene Services.
— You will not make any automated use of Kerosene Services, or take any action that imposes an unreasonable burden on our infrastructure.
— You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl Kerosene Services, or harvest or manipulate data from Kerosene Services.
— You will not improperly use our support services, including by submitting false reports.
— Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for Kerosene Services.
— You will not copy, modify or distribute content from Kerosene Services except as specifically authorized by us.
— You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
Failure to comply with this Code of Conduct may result in the suspension of your Kerosene Account, or any portion of your Kerosene Account, and/or subject you to any of the penalties identified in Section 11 herein.
- YOUR INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other users with whom you interact through Kerosene Services you access. Kerosene reserves the right, but has no obligation, to become involved in any way with any disputes concerning Kerosene Services. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting Kerosene access to any portion of your account.If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release Kerosene (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.
If you live in California, 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."If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.
- USER CONTENT
Kerosene Services may include features by which users can submit or upload content to Kerosene Services, including without limitation chat and messaging utilities and the ability to select profile names and names for certain In-Service Content (collectively, “User Content”). If you create an Kerosene Services account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your account for Kerosene Services, your User Content includes any information or content provided to us by that Third Party Service. You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous or slanderous material.You retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with Kerosene Services without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).We do not endorse any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring Kerosene Services for inappropriate or illegal communications by other users. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with Kerosene Services you access or with other users when you are using Kerosene Services. You acknowledge and agree that you have no expectation of privacy in any User Content.
- IN-GAME ITEMS; PAYMENTS; OWNERSHIP
Kerosene Services may allow you to “earn” In-Service Content. You may also use real money to purchase a license to use certain In-Service Content. Purchased In-Service Content is subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS) from which you make your purchase. Kerosene does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Service Content, you agree that we may begin to supply you with your purchased In-Service Content immediately.Unless otherwise specified, you agree that you have no ownership interest in your Kerosene Account or any In-Service Content associated with your account, regardless of whether you “earned” or “purchased” such In-Service Content. You agree that In-Service Content, including “Gold,” “Silver,” and any other virtual currencies or goods within Kerosene Services are for personal non-commercial entertainment purposes, have no independent value outside of Kerosene Services, may not be redeemed for any cash value, and is simply a measurement of your limited license.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-SERVICE CONTENT WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-SERVICE ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
- TERMINATION AND SUSPENSION
- DISCLAIMER; LIMITATION OF LIABILITY
Kerosene SERVICES ARE PROVIDED "AS IS," AND USE OF Kerosene SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT Kerosene SERVICES OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH Kerosene SERVICES, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. Kerosene DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE Kerosene SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT Kerosene SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT Kerosene SERVICES OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.REFERENCE TO, OR DEPICTION OF, ANY WEAPON, GEAR OR OTHER ITEMS IN Kerosene SERVICES DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS RELATING TO ANY WEAPONS, GEAR OR OTHER ITEMS IN Kerosene SERVICES ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL ACTS OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR Kerosene SERVICES DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER USERS OF Kerosene SERVICES. Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.
- AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.
This Section 14 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 14 notwithstanding Section 15 below, those prohibited provisions will not apply to you. IF YOU LIVE IN THE EUROPEAN UNION, NONE OF THIS SECTION 14 APPLIES TO YOU.In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at email@example.com. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Agreement to Arbitrate; Exceptions
For EU Users
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of Kerosene.
Class Action Waiver
For disputes arising between Kerosene and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF Kerosene SERVICES, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS. If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 14 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
Service of Process
To initiate arbitration or any legal proceeding against Kerosene, you must serve initiating documents on Kerosene’s registered agent for service of process at: National Registered Agents, Inc. 160 Greentree Dr. #101, Dover, Delaware 19904.
Changes to this Section 14
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 14, you may reject any such change by sending us written notice within 30 days of the change to: firstname.lastname@example.org.
- APPLICABLE LAW.
For Users other than EU Users
For EU Users
- THIRD PARTY PROMOTIONS AND LINKS
Kerosene Services may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively "Third Party Promotions "), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Service Content. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and Kerosene has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
- OWNERSHIP; TRADEMARKS AND COPYRIGHTS
All rights, title and interest in and to Kerosene Services (including without limitation any games, titles, content, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operations, moral rights, documentation, in-Service chat transcripts, character profile information, and recordings) are owned by Kerosene. Kerosene reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with Kerosene Services. The trademarks “Kerosene,” and logos associated with each of the foregoing, are trademarks of Kerosene and its subsidiaries and affiliates, and all trademarks, logos and service marks (collectively, "Marks") displayed on or in Kerosene Services are either our property or the property of third parties. Similarly, all artwork and other protectable expression in Kerosene Services are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA“) NOTICE
Kerosene responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When Kerosene receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.
To Submit a Notice:
If you believe that In-Service content infringes on your copyright, you must submit a written notification to Kerosene either by email or written letter (regular mail or courier). The Notice must include the following:
— An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
— A description of the nature and exact location of the content you claim infringes your copyright;
— Your name, address, telephone number, and email address.
— Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
— A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).
Send the written Notice to the designated Copyright Agent at Kerosene by emailing us at DMCA@Kerosenegames.com or by sending the Notice to:
Attn: Designated Copyright Agent
655 Montgomery St. Suite 1650
San Francisco 94111
To Submit a Counter Notice:
Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from Kerosene, or have been otherwise advised by Kerosene that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.
For Australia and New Zealand Users Only:
Upon termination of your account, Kerosene will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.
For European Union Users Only:
If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the In-Service Item.
- CONTACT INFORMATION
© Kerosene LLC 2017. All Rights Reserved.