AGE OF KOS TERMS OF SERVICE

Last Updated: Feb. 7th, 2018

Vital Game Studio (“Company”, “Vital”, “Age of Kos”, “us”, “we”, or ”our”) manages these terms of service (“Terms” or “TOS”) that apply to your access and use of our Applications (the “Service”) for personal computers, mobile devices and Applications accessible on social networks. Please read them carefully. Your use is subject to these Terms, Privacy Policy and any other end user license agreements ”EULA” which may apply at all times. By accessing or continue use of an application you agree to these Terms. Furthermore, by accessing or using an application you exemplify that you have read and understand the Terms and agree to be legally bound by them. If at any point you do not agree or you do not understand any portion of these Terms, do not access or use our application. Please, let us know any questions you may have about these Terms by emailing support@ageofkos.com

If you access or use the Service, it means you agree to be governed by all of the terms below. So, before you use the Service, please read all of the terms.

We reserve the right to modify, change, add, or remove portions of these Terms or Privacy Policy at any time. For instance, we may need to change these Terms if we come out with a new feature. Whenever we make changes to these Terms, the changes are effective 14 days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check our Application for changes to these Terms.  If use of the Service is continued after the revised Terms go into effect, then you agree to accept the changes to these Terms. Terminate use of Service immediately, if at any point you do not agree with any part of the then-current version of our Terms of Service, the Vital Privacy Policy, or any other Vital Policy, codes of conduct, or rules of conduct.  Your license to use the Service shall immediately terminate, and you must stop using the Service.

BY USING, INSTALLING, OR ANY ACCESS TO THE SERVICE, YOU ARE AGREEING TO THESE TERMS. PLEASE, DO NOT USE, INSTALL, OR ACCESS THE SERVICE IF YOU DO NOT AGREE WITH TERMS. VOID WHERE PROHIBITED.

In cases that there is a conflict between the Terms and a separate policy or terms of service conflict, the other terms will govern unless we determine otherwise. We maintain sole and absolute discretion of any conflict.

Privacy Policy

For information about how we collect and use information about users of the Service, please check out our privacy policy available at https://www.ageofkos.com/privacy/

License

  1. Limited License Grant

Our Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the Terms below for your non-commercial, personal use. If you fail to adhere to these Terms, the Privacy Policy or any Additional Terms that may apply to this Service, the company may terminate this license without notice.

You shall not perform or let any other person carry out, under any circumstances:

  1. Use any third party software on this Service or any other of our services without the written consent of our Company.
  2. You will not practice any act that our Company feels conflicts with the spirit of the Service.
  3. Cheat, disrupt, exploit, hack, modify or engage in any other act that Vital deems inappropriate.
  4. Disrupt, interfere, hack, overburden the servers or computer running the Service that supports the Service.
  5. Access, transcode, copy, steal, retransmit content in violation of third party intellectual property rights.
  6. Alter any copyright, confidential, trademark, patent or any other Vital materials, Application, or User Content.
  7. Any information that you provide must be true, complete, and accurate.
  8. When using our Services you must comply with third-party terms of service, such as popular social networks.
  9. You are responsible for your data usage quotas, other limitations, or fees that may apply to your internet service or third-party service.
  10. Assign, rent, lease, lend, sell, transfer, distribute or sublicense our Services
  11. Assign, exploit, or aid in any virus or bug that disturbs or interferes with the Service or any other person’s use of our Service.
  12. Access the Service in any avenue that Vital deems unauthorized or that is not authorized or controlled by the Company.
  13. Abuse, harm, harass, threaten, engage in any behavior towards another person or Vital employees.

 

Third-Party Services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. Vital is not responsible or liable for any content, material, or any other products available from these resources. We encourage you to read and understand the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating Accounts

When creating an account or otherwise using the Service, you represent that you are the age 13 or older. One must fully understand and agree to the Terms and Privacy Policy. If you are between ages of 13 and 17, you will review and agree to these Terms with your legal guardian. If under the age of 13, you shall not create an Account or access the Service.

You must not allow children under the age of 13 access. Full responsibility of minors and other unauthorized users is yours. Any use of credit cards or other payment instrument (eg. paypal) by minors or any unauthorized user is your responsibility.

You may be required to register an account before using the Service. When you create an account or use another option to log in to the Service, you agree to maintain the security of your password. All information provided must be complete, true, and about yourself. You accept all risks of unauthorized access to any data or other information you provide to the Service. If you discover or suspect any Service security breaches, please let us know as soon as possible. Vital reserves the right to terminate your access to the Service or your Account if you violate these Terms or any law, rule, or regulation.

By providing contact information and use of our Service you are consenting to receive communications from us. Please review the Privacy Policy if you would like to opt-out of such communications at any time.

 

Ownership

Vital owns all rights, title and interest in and to the Service (including but not limited to games, characters, stories, artwork, animations, and sounds).

 

In-Game Virtual Currency and Virtual Items

As part of this service you have the opportunity to buy and earn in-game currency or virtual items. The currency and virtual items are not real currency and cannot be used outside of the application. Any property claims will not be recognized outside of the application. You agree that any virtual item or currency (ie, coins, cards, cash, tokens, points, etc) that you earn, acquire, create, or modify will not be owned by you in any way. The virtual currency and virtual items are provided to you under a non-transferable, non-sublicensable, revocable, limited license. Such virtual items may not be sold for “real” money or exchanged for goods.

If the Company discontinues the availability of the application purchases of virtual items does not designate continued use of Service.

 

User Content and Conduct

As part of this Service you may have the opportunity to participate in blogs, forums, message boards, contests and other functions that provide you with the ability to submit, post, create, publish, transmit or distribute content, links, photos, text, suggestion, or other materials “user content” to the world. By submitting you agree that you own or have the exclusive rights of the content and grant the Company unlimited, unrestricted, irrevocable, worldwide, unconditional, perpetual, royalty-free right to host and license to use, reproduce, modify, make derivative works, sublicense, reformat or archive or otherwise exploit in any manner the User Content that you have submitted to known media known now or any technology or media in the future.

The advice, opinion, statements, information, or other content by third-parties are not views of Vital or any of its affiliates and are solely the authors. No representations or warranties are made by Vital regarding the users content. Furthermore, you may not engage in:

  1. Use of illegal content
  2. Abuse, libel, slander, harass, threaten or participate in any disruptive behavior that may or may not involve another user, employee or affiliates of the Company.
  3. Impersonate an identity or falsely represent your identity.
  4. Solicit, promote or advertise for goods or services.
  5. Collection of personal information, user ID, password or other information. The Company will never ask for your password. Do not give your password out.
  6. Upload or display URLs or files that contain viruses.
  7. Facilitate or engage in any “spam” mass mailing.

You may be exposed to content that is offensive, indecent, or in violation of these Terms. Any inappropriate content should be reported to the Company. Vital reserves the right and sole discretion to remove any inappropriate material. You agree that you hold harmless and indemnify Vital, the employees, or affiliates for liabilities arising from User Content and activitiy.

Title

All and any title, ownership, rights, and intellectual property rights in and to the Services are retained by the Company, its licensors or third-parties to all materials that are part of the Applications including past, present, and future versions. All copyrighted material, names, graphics, icons, images, design and service names associated with the Vital content are protected from any unauthorized use by copyright laws, rules, and international treaties. You are not authorized to use, modify, copy, distribute, transmit, or create any work or derivative work from the Services without the prior written consent from the Company. You may have the opportunity to create content using Vital Content, such as taking video of your game play.

 

Disclaimer of Warranty and Limit and Liability

The Service is provided “as is” for your use, without warranties either implied or expressed. All warranties of merchantability and fitness for any particular purpose are disclaimed to the fullest extent permissible. You agree to use the Service at your own risk. Vital makes no warranty, representation, and/or guarantee  that use of the Services will be uninterrupted, reliability, accuracy, correctness, error-free, free of viruses, malware, or other harmful entities. You agree that you will not hold Vital liable for any damages of any kind that may arise while using the Service. Furthermore, you acknowledge that you may have the opportunity to use third-party services and will not hold Vital liable for the conduct of such third-party services.

 

Indemnification

You agree to hold harmless, defend, and indemnify Vital and its affiliates, employees, licensors, directors from and against any losses, damages, fines, liabilities and expenses. This includes reasonable attourneys’ fees and cost from third-parties. At its own expense the Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to you.

 

Termination

You and Vital retain the right to cancel or terminate your Account for any reason and without notice at any time. If you fail to comply with these Terms they will terminate automatically. If you decide to terminate your Account you shall immediately discontinue use of the Service.

 

No Assignment

The licenses and the Terms granted to you herein may not be assigned prior to obtaining the Company’s express written consent. The licenses and Terms are personal solely to you.

 

Arbitration and Dispute Resolution

The Service can be accessed from different countries of the world. The Terms and all disputes relating to any connection of this Application shall be governed by the laws of the State of California. Additionally, you agree by using the Application that the exclusive jurisdiction of state and federal courts will be located in the State of California. All residents of California waive the rights afforded to you under California Civil Code 1542.

 

Void Where Prohibited

No representation or warranty is made that any material on the Applications is lawful in all jurisdictions. If access is made to the Applications outside the State of California responsibility to be compliant with all local jurisdictions rules and laws is held solely by you.

 

Contact Information, Complaints and Notice

Claims of infringement of intellectual property rights and violation of privacy rights are taken very seriously. Please, support@ageofkos.com for any issues.

 

Feedback

Any suggestions or feedback is unsolicited by the Company. If want to share your feedback or other ideas, you agree that the Company is able to use the information you provided for any purpose without limitation and compensation, improving products or services and their derivative products.