APPLICATION END USER LICENSE AGREEMENT
This Application End User License Agreement ("License") is an agreement between you and Kenzap Ltd., its subsidiaries or affiliates ("KENZAP", "RC World"). This License governs your use of the application and any and all related documentation, and updates and upgrades that replace or supplement the application in any respect and which are not distributed with a separate license (collectively, the "Application"). This Application is licensed to you, not sold.
BY INSTALLING OR USING THE APPLICATION, YOU AGREE TO THE TERMS OF THIS LICENSE AND AGREE TO BE BOUND BY IT. If you do not agree to the terms of this License then do not install or use the Application.
We reserve the right to modify this License at any time, so please review it frequently either via the About section in your Application or by visiting http://tos.kenzap.com/apps/eula/en/. Your continued use of our online and mobile products and services will signify your acceptance of the changes to this License.
SECTIONS 2 AND 3, BELOW, DISCUSS THE INFORMATION AND DATA COLLECTED ABOUT YOU AND YOUR MOBILE ONLINE BEHAVIOR AS WELL AS HOW IT IS SHARED BY KENZAP AND THIRD PARTIES. SECTION 15 PROVIDES THAT ALL DISPUTES BETWEEN US SHALL BE SUBMITTED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
IF YOU DO NOT AGREE TO THESE OR ANY OTHER SECTIONS OF THIS LICENSE, DO NOT INSTALL OR USE THE APPLICATION.
KENZAP Virtual Currency has no monetary value and does not constitute currency or property of any type. KENZAP Virtual Currency may be redeemed for Digital Content only. KENZAP Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Digital Content. KENZAP Virtual Currency is non-refundable. You are not entitled to a refund for any unused KENZAP Virtual Currency.
During the term of your KENZAP Virtual Currency license, you have the right to redeem KENZAP Virtual Currency for selected Digital Content. KENZAP does not guarantee that any particular item offered as part of this Application will be available at all times or at any given time. KENZAP does not guarantee that we will continue to offer particular items for any particular length of time. KENZAP reserves the right to change and update our inventory of Digital Content without notice to you.
When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial use with any specified permitted services that KENZAP identifies from time to time. KENZAP reserves all right, title and interest in Digital Content and all associated copyrights, trademarks, and other intellectual property rights therein. This Digital Content license is limited to the intellectual property rights of KENZAP in the Digital Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Digital Content.
Once you have redeemed KENZAP Virtual Currency for Digital Content, that content is not returnable, exchangeable, or refundable for KENZAP Virtual Currency or for cash, or other goods or services.
The term of your KENZAP Virtual Currency and Digital Content license starts when you acquire KENZAP Virtual Currency and/or Digital Content, and spubject to this License, ends the earlier of (1) the second anniversary of the date of purchase or award (as the context requires and applicable to each individual purchase or award) and (2) the day that your access to this Application is cancelled, suspended or terminated as set forth in this License. If you have not used your KENZAP Virtual Currency for twenty four (24) months or more and your account has an KENZAP Virtual Currency balance, your KENZAP Virtual Currency shall expire and your account may be cancelled for non-use.
See Appendix A for a non-exclusive list of third parties that may collect data about your online behavior via this Application. Appendix A includes both analytics companies and ad networks (discussed above in Section 2) and includes URL’s for those third parties’ privacy policies and opt outs (if applicable). You are responsible for reviewing the privacy policies of the third parties that may collect information via this Application. If you do not wish to review those privacy policies or if you are concerned about the information they may collect, do not install or use this Application. KENZAP does not guarantee that all third parties that may collect information about you via this Application have an opt out for behavioral tracking. In addition, KENZAP opting out of behavioral tracking from some or all of the entities listed in Appendix A will not opt you out of advertising entirely. Rather, if you opt out, you may continue to receive the same amount of mobile ads, but they may be less relevant because they will not be based on your interests.
This ad serving technology is integrated into the game; if you do not want to use this technology, do not install or use this Application.
4. Application Communications and Conduct/Privacy Settings. Your use of online features available via the Application, if any, is governed by KENZAP’s Terms of Service, available at http://tos.kenzap.com/apps/eula/en/. By installing and using this Application you acknowledge and agree that you will abide by KENZAP’s Terms of Service and otherwise agree not to:
KENZAP reserves the right to monitor communications on the Application and disclose any information KENZAP deems necessary to (i) ensure your compliance with this License; (ii) satisfy any applicable law, regulation or legal process; (iii) protect the rights, property and interests of KENZAP, its employees or the public. KENZAP also reserves the right to edit, refuse to transfer and/or to remove any information or materials, in whole or in part, in KENZAP’s sole discretion.
6. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from KENZAP if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of KENZAP’s other rights or remedies at law or in equity. Sections 1(E), 2 through 16, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.
7. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. KENZAP AND KENZAP’S LICENSORS (COLLECTIVELY “KENZAP” FOR PURPOSES OF THIS SECTION AND SECTION 9) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. KENZAP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY KENZAP, APPLE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL KENZAP BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT KENZAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall KENZAP’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Application.
9. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
10. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
11. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Application provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer Application” and/or “commercial computer Application documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.
12. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to KENZAP for which monetary damages would not be an adequate remedy and KENZAP shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
13. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii) you expressly agree that, to the extent applicable pursuant to Section 15, below, jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that cover San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
14. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom KENZAP is prohibited from transacting business under applicable law.
15. Dispute Resolution By Binding Arbitration.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
The only disputes that are not covered by this Section are the following:
By entering into this Agreement, you and KENZAP expressly waive the right to a trial by jury or to participate in a class action. With respect to this Section , References to "KENZAP," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior agreements between us. This EULA evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This arbitration provision shall survive termination of this EULA.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. KENZAP waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us.
16. Entire Agreement. This License constitutes the entire agreement between you and KENZAP with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by KENZAP. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
Supplemental Terms For Apple iPhone, iPod Touch and iPad Users
These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Application on Apple, Inc. (”Apple”) iPhone, iPod touch and/or iPad products (collectively, ”Apple Devices”):
|Ad Knowledge Super Rewards||http://www.srpoints.com/legal-center/privacy||Uninstall program.|
|Social Games Advertising Network (a WeeWorld Company)||http://www.weeworld.com/privacy/default.aspx||http://www.networkadvertising.org/choices|
|Adobe SiteCatalyst (formerly Omniture)||http://www.omniture.com/en/privacy/product||http://www.omniture.com/en/privacy/policy#optout|