ISSUED BY KWALEE LIMITED
Last Updated: October 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AS YOUR ACCESS OR USE OF THE SITE IS ACCEPTANCE OF THE SITE TERMS
- You understand and acknowledge that https://developer.kwalee.com/ is not subject to these Terms and is governed by its own terms and conditions.
- By accessing or using this Site, you represent and warrant that you are at least (i) 13 years of age, and (ii) the legal age of majority under applicable law to form a binding contract with Kwalee and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
- You are also responsible for ensuring that all persons who access or use the Site through your internet connection are aware of and comply with these Terms.
- Terms defined in these Terms will have the meanings given to them in the Terms.
2. WE MAY MAKE CHANGES TO THESE TERMS AND THE SITE
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the terms in order to be aware of any such modifications and your continued access or use of this Site shall be your acceptance of these.
3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
- You understand and agree that the Site including its entire contents, features, and functionality, such as, but not limited to, all information, software, code, data, text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, including any selection, or arrangement thereof, are owned by Kwalee, its licensors, or other providers of such material (together “Kwalee Content”) and are protected by intellectual property rights including without limitation, copyright, design, trademark, patent, confidential information, moral rights, and trade secret rights, and all other proprietary rights (“Intellectual Property Rights”).
- The Kwalee name, the Kwalee logo, and all related Kwalee signs such as names, words, slogans, shapes, colors, logos, product and service and other marks used by Kwalee for the purposes of distinguishing its games (and products and services) from those of others, or otherwise being an indication of origin or trademark under applicable law, are trademarks of Kwalee or its affiliates or licensors (the “Kwalee Marks”). You agree not to use such marks without the prior written permission of Kwalee. Other trademarks used at the Site are not being used by Kwalee as its trademarks and are the trademarks of their respective owners.
- You agree not to copy, distribute or otherwise make available, license, sub-license, store or in any manner, our Content or use same for any commercial purpose, without our express written approval, which we may deny at our sole discretion.
- If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
- You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of Content from the Site.
- You agree not to copy (except as expressly permitted by this Agreement), decompile, disassemble, derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of any computer programs or code or any functionality comprised in the Site, or any part thereof, (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
4. INFORMATION ON THIS SITE
- The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
- The Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Kwalee, are solely the opinions and the responsibility of the person or entity providing those materials. Such content does not necessarily reflect the opinion of Kwalee. Neither Kwlaee nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
- The Site may also contain testimonials and awards related to Kwalee games, or other products or services. The Terms of Clause 7 applies to this Kwalee Content.
- The Site may make available QR codes which if scanned or used by you may take you to third party App stores (such as Apple for IOS and Google Play for Android, for mobile devices) and we may collect and disclose to third party App stores device and related data necessary to implement the intended functionality of the QR codes. By agreeing to these Terms, or by using the QR codes, you agree to such uses. The Terms of Clause 7 will also apply to content on the third party App stores.
6. SUBSCRIBING TO CONTENT
7. WE ARE NOT RESPONSIBLE FOR THIRD PARTY ONLINE LOCATIONS
- You may link to our home page (kwalee.com), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website on online location from which you link must comply with the content standards set out in Clause 9 of these Terms.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without prior notice.
8. USER CONTRIBUTIONS
- This Site may include information and materials uploaded, posted, submitted, published, displayed or transmitted (together “posted”) by other users of the Site, including reviews, or articles or other forms of content. These may be posted via message boards, personal web pages, or profiles, forums, bulletin boards and other Site features that allow users to post, content or materials (collectively, “User Contributions”) on or through the Site.
- User Contributions have not been verified or approved by us. The views expressed by other users on our Site do not necessarily represent our views
- You agree that your User Contributions must comply with the content standards set out in Clause 9 of these Terms.
- Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Contributions, however by posting any User Contribution on the Site, you grant us and our affiliates the irrevocable, royalty-free, and perpetual worldwide right, by ourselves and through third parties, to use, reproduce, modify, perform in public, display, distribute, make available and communicate to the public, sublicense, and otherwise disclose to third parties any such material for any purpose. You hereby also irrevocably waive any moral rights and similar rights under all worldwide copyright laws (including the rights to paternity and integrity of any works) to the extent such rights may be waived, in favour of Kwalee and its affiliates and their successors and assigns and licensees.
- We also have the right to disclose your identity to any third person who is claiming that any User Contribution posted by you to our Site constitutes a violation of their Intellectual Property Rights, their right to privacy, or other right.
- We have the right to remove any User Contribution for any reason or no reason, including if, in our opinion, your User Contribution does not comply with the content standards in Clause 9 of these Terms.
- You represent, warrant, and covenant to Kwalee that: (i) You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us; (ii) your User Contributions will comply with these Terms; and (iii) you alone are fully responsible for any User Contributions you post submit, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
9. CONTENT STANDARDS AND OTHER PROHIBITED ACTS
- Whenever you make use of a feature that allows you to post User Contributions, or to make contact with other users of our Site, you must comply with the content standards in this Clause 9.
- Should you become aware of misuse of the Site including libelous or defamatory conduct, you must report it to Kwalee using the Contact Us page of the Site available at: https://www.kwalee.com/contact-us/
- You are prohibited from attempting to circumvent and from violating the security of the Site, including, without limitation: (i) accessing Content that is not intended for you; (ii) attempting to breach or breaching the security and/or authentication measures which are not authorized; (iii) restricting, disrupting or disabling service to users, hosts, servers, or networks; (iv) illicitly reproducing TCP/IP packet headers; (v) disrupting network services and otherwise disrupting Kwalee’s ability to monitor the Site; (vi) using any robot, spider, crawler, or other automatic device, process, or means to access, use copy, or obtain information from the Site for any purpose, including monitoring or copying any of the Content on or accessible through the Site; (vii) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (viii) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or (ix) otherwise attempting to interfere with the proper working of the Site.
- We may report any breach of Clause 8 or 9 by you to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your permission to access or use our Site will cease immediately and you shall cease any such further access or use of the Site.
- YOU UNDERSTAND AND AGREE THAT YOUR ACCESS OR USE OF THE SITE IS AT YOUR OWN RISK, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR WHICH MAY OTHERWISE ARISE UNDER ANY STATUTE OR APPLICABLE LAW. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- NEITHER KWALEE NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS (EACH A “KWALEE PERSON”) MAKES ANY WARRANTY, REPRESENTATION, OR COVENANT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE INCLUING ITS CONTENTS, OR THAT THE SITE INCLUDING THE CONTENTS OF THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.
- THESE TERMS SET OUT ALL OF THE TERMS RELATED TO THE SUBJECT MATTER HEREOF AND THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES, OR COVENANTS BY KWALEE, WHETHER IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE, AND ALL SUCH TERMS ARE EXPRESSLY DISCLAIMED.
- WE DO NOT REPRESENT, WARRANT, OR COVENANT, AND HEREBY DISCLAIM ANY TERM THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
11. LIMITATIONS OF LIABILITY
- IN NO EVENT WILL ANY KWALEE PERSON BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, OUR SITE INCLUING ANY CONTENT ON OUR SITE INCLUDING ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- NOTHING IN THIS CLAUSE 11 AFFECTS ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU TO THE EXTENT IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION. WHERE OUR LIABILITY CANNOT BE EXCLUDED, WE LIMIT OUR DISCLAIMERS AND LIMITATIONS OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.
- IF NOTWTHSTANDING THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY, WE ARE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED £500 (FIVE HUNDRED BRITISH POUND STERLING).
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold us and other Kwalee Persons harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers’ fees) arising out of or relating to your violation or breach of these Terms.
13. GOVERNING LAW & JURISDICTION
These Terms, their subject matter and their formation, will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Site or these Terms will be instituted in the courts of England and Wales, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding claim you may have arising from or related to the Site or the terms will not be subject to a class, collective, representative, joinder, or similar action or proceeding.
14. OTHER TERMS AND CONDITIONS
- No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Additional terms and conditions may also apply to specific portions, services or features of, or offered through, the Site. All such additional terms and conditions which you agree to, or which are drawn to your attention before use thereof, are incorporated by this reference into these Terms.
- All feedback, comments, requests for technical support, and other communications relating to the Site should also be submitted using the Contact Us page of the Site.