The following terms of service (the “Terms”) constitutes an agreement between you (“user”, “you”) and Kurechii Sdn. Bhd., a Malaysian company (Company No. 201401020209) having its address at B-21-07, HYVE, Jalan Impact, Cyber 6, 63000, Cyberjaya, Selangor, Malaysia, (“Kurechii” “we,” “our” or “us”). These Terms govern your use of our games provided on a mobile platform (for example, iOS and Android), online discussion boards and chats related to the games, websites and other related services (collectively the “Services”).
Before accessing or using the Services, including browsing any Kurechii website or accessing a game, you must agree to these Terms and the Privacy Policy. A guest account may be created for you for the use of the Services and you may also be required to register an account on the Services (collectively "Account"). These Accounts include, for example, game Accounts and Kurechii ID. By using or registering for an Account or otherwise using the Services, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms. If you access the Services from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms. Likewise, if you download the Services through Google Play Store, Apple App Store or other medium, you shall comply with all applicable user agreements therein as well as these Terms.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
Kurechii reserves the right, at its discretion, to change, modify, add or remove portions of these Terms, its Privacy Policy and other relevant Kurechii policies at any time by posting the amended terms on the Services. You will be deemed to have accepted such changes by continuing to use the Services. If at any point you do not agree to any portion of the then-current version of these Terms, our Privacy Policy, or any other Kurechii policy, rules or codes of conduct relating to your use of the Services, your right to use the Services shall immediately terminate, and you must immediately stop using the Services.
Subject to your agreement and continuing compliance with these Terms and any other relevant policies of Kurechii, Kurechii grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own private and non-commercial purposes. You agree not to use the Services for any other purpose.
The following restrictions apply to the use of the Services:
Login information and account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify usi and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
You agree that you will:
Kurechii 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.
Use Limitations
Any use of the Services in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Kurechii reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or the Services itself. Kurechii reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services in whole or in part.
Suspension and Termination of Account and Services
Without limiting any other remedies, Kurechii may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof with or without notice to you (i) if you are, or Kurechii suspects that you are, failing to comply with these Terms; or (ii) for any actual or suspected illegal or improper use of the Services. You can lose your username and persona in the Services as a result of account termination or limitation, as well as any benefits, privileges, earned virtual items and purchased virtual items associated with your use of the Services, and Kurechii is under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, we may limit, suspend or terminate the Services and accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third-party intellectual property rights.
Kurechii reserves the right to terminate any account that has been inactive for 365 days.
Kurechii reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your right to use the Services or a part thereof will be automatically terminated. In such event, Kurechii shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by contacting us at hello@kurechii.com informing us that you wish to terminate your account.
All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, skins, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions and audio-visual effects) are either owned or licensed by Kurechii. Kurechii reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Services. Notwithstanding any provision to the contrary herein, you acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the Virtual Items (i.e. virtual goods or currency appearing or originating in any of our games), whether earned in a game or purchased from us (directly or through a platform like Apple or Google), the game account itself, or any other attributes associated with an Account or stored on the Services.
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through our game client or the Services, or that other users upload or transmit, including without limitation any in-game chat text or online discussion board text, pictures or uploaded files. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) is not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) does not consist of any unsolicited or unauthorized advertising, promotional materials, ’junk mail’, ’spam’, ’chain letters’, ’pyramid schemes’ or any other form of solicitation; (e) could not reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; and (f) you acknowledge and agree that any of your Personal Data within such content will at all times be processed by us in accordance with our Privacy Policy. We have the right at any time to remove uploaded User Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor User Content that is contributed by people that use our Services and we make no undertaking to do so.
You hereby grant to Kurechii an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You understand that aside from the explicit principles and processes for promoting your privacy and protecting your personal information in accordance with our Privacy Policy, all User Content provided by you to us and by the way of the Services to other users, including without limitation any in-game chat text, might be publicly available information accessible by other users or third parties. We recommend that you always consider what kind of information to include in User Content published through the Services.
User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or Kurechii games. Kurechii reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Kurechii to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Kurechii access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (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.
Purchases
In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or “gems”, all for use in our games and (b) “virtual in-game items” (together with “virtual currency” collectively “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Services, and not in any other way.
We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you. The transfer of Virtual Items to other users is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Kurechii, another user or any third party.
Please note that when you purchase a license to use Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
Payment of Fees
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 goods and services offered through the Services at any time. All claims arising in connection with purchases shall be directly addressed towards the application platform operators (Apple in the case of iOS and Google in the case of Android), and you understand and agree that Kurechii shall not have any obligation and will not refund any purchases on its own.
YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY MANDATORY LAWS, KURECHII IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
We may update our Services (for example, games) and subsequently require that you accept updates to the Services and to our games you have installed on your devices. You acknowledge and agree that we may update the Services and games made by us, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play our games.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. KURECHII DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTIONS OR ERROR-FREE. FURTHER, KURECHII SHALL NOT BE LIABLE FOR THE CONTENT IN THE SERVICES, INCLUDING WITHOUT LIMITATION THE DATA, OR ANY OTHER INFORMATION EXCHANGE MEDIA ON OR CONNECTED WITH THE SERVICES.
Kurechii shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Services. Kurechii is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Kurechii disclaims any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in the Services. Kurechii bears no liability for damages caused by you or by a third party.
Kurechii’s maximum liability for direct damages caused to you or your property is at all times limited to the amount paid by you for the use of the Services or part of it during the twelve months immediately preceding the event that gave reasons for the claim. Kurechii is never liable for any indirect or unforeseeable damages caused to you at any given circumstances.
Some jurisdictions do not allow the exclusion 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. To the extent that Kurechii may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of the liability of Kurechii shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Kurechii and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (i) your use of the Services or content; (ii) User Content you submit, post to or transmit through the Services; (iii) any actual or alleged breach by you of these Terms; and/or (iv) your violation of any rights of another.
If a dispute arises between you and Kurechii, we strongly encourage you to first contact us directly to seek a resolution by contacting us at hello@kurechii.com.
To the extent permitted by law, all disputes between you and Kurechii shall be governed by the laws of Malaysia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Kurechii must be resolved exclusively by a court located in Kuala Lumpur, Malaysia.
You and Kurechii agree that if any portion of these Terms or of the Kurechii’s Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
Assignment
Kurechii may assign or delegate these Terms and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Kurechii’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Supplemental Policies
Kurechii may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms.
Entire Agreement
These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including Kurechii’s Privacy Policy), contain the entire understanding of you and Kurechii, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
No Waiver
The failure of Kurechii to require or enforce strict performance by you of any provision of these Terms or the Kurechii’s Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Kurechii’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Kurechii of any provision, condition, or requirement of these Terms or the Kurechii’s Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Kurechii shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Kurechii.
Notices
Kurechii may give notices to users of the Services, at its option, by posting a message on the Services, by email or conventional mail or by any other means by which users may obtain actual knowledge thereof. Notices by users to Kurechii must be given by email or conventional mail. Notices to Kurechii by email should be sent to hello@kurechii.com.
Force Majeure
Kurechii shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kurechii, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kurechii's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.