Terms of Service

READ BEFORE PLAYING

Effective: November 17, 2014

OVERVIEW

 

Ganz ("Ganz") is pleased to give you access to our game website www.kingdomsccg.com, and related materials, including without limitation, user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, transcripts of chat rooms, character profile information, recordings of games played, and any related documentation, applets, client or server software (collectively, the "Game") free of charge. Your use of the Game is subject to the binding legal agreement set forth below ("Terms").

TERMS SUBJECT TO CHANGE

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Game, including, but not limited to (i) restricting the time all or any part of the Game is available, (ii) restricting the amount of use a user or group of users is permitted for all or any part of the Game, and (iii) restricting or terminating any user's right to use all or any part of the Game, with or without notice; (b) charge fees in connection with the use of all or any part of the Game; (c) modify or waive any fees charged in connection with all or any part of the Game; or (d) offer opportunities to some or all users of all or any part of the Game. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Game, in whole or in part, or of any service, content or feature offered through the Game. You understand we may update these Terms from time to time without giving you any notice. Your continued use of all or any part of the Game following the posting of changes to these Terms will mean you accept those changes. Any new features or updated content or applications that we make available in connection with the Game will be subject to these Terms. BY USING THE GAME, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE GAME FOR ANY PURPOSE.

BINDING ARBITRATION

These Terms are governed by, and will be interpreted in accordance with, the laws of the Province of Ontario, Canada, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Ganz for any violation of Ganz' proprietary or other rights, any and all disputes relating to these Terms or your use of the Game is to be resolved by arbitration. The location of arbitration shall be London, Ontario, Canada.

HOW YOU MAY USE THE GAME

You may use the Game for your personal, non-commercial use. You may make a single, temporary copy of any applications that your device executes when you use the Game, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not - and agree not to - modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Game, except as set forth in these Terms. Additionally, you may not frame or mirror any part of the Game without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Game; create a database by systematically downloading and storing content from the Game; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather information, content or other materials from the Game or reproduce or circumvent the navigational structure or presentation of the Game.

ACCOUNTS

In order to access some features of the Game, you will have to create an account. You agree not to use another's account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Ganz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Ganz or others due to such unauthorized use.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of Ganz.

You FURTHER agree that you have no right or title in or to any content OR MATERIAL that appears in the Game, SUCH AS virtual goods (including but not limited to "AVATARS," "packs," "PARTS" and "items") or currency (including but not limited to "Gold" or "Gems") appearing or originating in the Game and any other attributes associated with your account or stored in the Game.

Ganz does not recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. Further, Ganz does not recognize any virtual property transfers executed outside of the Game or the purported sale, gift or trade in the "real world" of anything related to the Game. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Game.

CONTENT/SUBMISSIONS TO THE GAME

On some parts of our Game or otherwise in connection with your use of the Game, you may be allowed to post or link to content or applications or provide comments for others to see (such material is referred to herein as "Content"). If you post, link to or contribute Content, you guarantee, represent and warrant to us that:

You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;

While you or the rightful owner of the Content retain all ownership rights in the Content, you give us (and warrant that you have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right and license to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Game;

You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through the Game;

You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Game and these Terms; and

For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Game, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Game; and we do not screen, monitor, edit or review Content before it appears on the Game. We do have the right, but not the obligation, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Game. We can also suspend or terminate use of the Game by anyone who does not follow these Terms. Nevertheless, because Ganz does not prescreen Content, you understand that by using the Game, you may be exposed to Content that you may find offensive or objectionable.

NO LICENSE GRANTED

Except for allowing you to use the Game for your personal use as set forth in the paragraph above, when you use the Game you are not receiving a license or any other rights from us, including rights in intellectual property or other proprietary rights of Ganz. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE GAME OR ANY OTHER GANZ PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.

CURRENCY

You acknowledge that the Game presently include a component of in-game fictional currency ("Gems"), which constitutes a limited license right to use the Gems feature of the Game when, as, and if allowed by Ganz. Ganz may charge fees for the right to use Gems, or may distribute Gems without charge, in its sole discretion.

Gems are a limited license right governed solely under the Terms, and are not redeemable for any sum of money or monetary value from Ganz at any time. You agree that Ganz has the absolute right to manage, regulate, control, modify and/or eliminate such currency as it sees fit in its sole discretion, in any general or specific case, and that Ganz will have no liability to you based on its exercise of such right.

Notwithstanding any other language or context to the contrary, as used in these Terms and throughout the Game in the context of Gem transfer: (a) the term "sell" means "to transfer for consideration the licensed right to use Gems in accordance with the Terms," (b) the term "buy" means "to receive for consideration the licensed right to use Gems in accordance with the Terms," (c) the terms "buyer," "seller", "sale" and "purchase" and similar terms have corresponding meanings to the root terms "buy" and "sell." Antic Entertainment may limit buyers of Gems to any group of users at any time.

COPYRIGHTS

The Game are owned by Ganz or its licensees and protected by applicable law, with all rights reserved. Ganz takes the protection of intellectual property rights, including copyrights, very seriously. Ganz will terminate your access to, or use of, all or any part of the Game, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Ganz if they have a good-faith belief that their protected works are being infringed. Ganz will respond to all such notifications that are sent to:

Ganz

Attn: General Counsel

One Pearce Road

Woodbridge, Ontario L4L 3T2

Canada

To be effective, the notification must be a written communication that includes:

A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ganz to locate the material;

Information reasonably sufficient to permit Ganz to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of such notification, Ganz shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Ganz removes or disables access to such material, if such material was posted by a user of the Game, Ganz will notify the party that posted the material of its action. Such party may then provide Ganz proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which Ganz will forward to the alleged copyright owner. Ganz will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Ganz stating that it has filed suit against the alleged infringer.

An effective counter-notification must be sent to Ganz at the address listed above. The counter-notice must include the following information:

The counter-notifying party's physical or electronic signature;

Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;

A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Ganz is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Antic Entertainment with notification or an agent of such a person.

TRADEMARKS

"Ganz" and "Kingdoms CCG" among others, are trademarks of Ganz. Other trademarks are the property of their respective owners.

CONTESTS AND SWEEPSTAKES

From time to time, Ganz might host or facilitate contests. In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.

REFUND POLICY

You understand and agree that once you authorize Ganz to charge your credit card or by other means collect a monetary payment from you for a certain amount, such amount shall under no circumstances be refundable, including, without limitation, upon termination of your account for any reason, termination of this agreement, and/or discontinuation of the service.

PROTECTING CHILDREN

The safety of children is very important to us. Ganz intends for the Game to be a general audience site that complies with the Children's Online Privacy Protection Act. When a child under age 13 attempts to register with the games, we ask that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child's information by Ganz, that parent can send an e-mail to us at kingdomsccgsupport@ganz.com to request deletion of their child's account. Some parts of the Game may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. Parental control protections (such as computer hardware, software or filtering) are commercially available that may assist parents in limiting access to content that may be objectionable.

THIRD PARTY SITES

The Game may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties into the interface of the Game. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. Antic Entertainment is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between the Terms set forth herein and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review the terms of use for each third party provider of sites, applications or content so that you understand all of the terms that will apply. By using the Game, you expressly relieve Antic Entertainment from any and all liability arising from your use of any third-party sites, applications or content.

PRIVACY POLICY

Any information that we may collect from you during your use of the games is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy, which can be accessed in the Game. In accordance with our Privacy Policy, Ganz may obtain, without notification to you, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification.

CONDUCT OF REGISTERED USERS AND VISITORS

We believe that all users and visitors benefit from basic rules regarding conduct while using the Game. Widespread use and enjoyment of the Game is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask - and you agree - to follow the following basic rules of conduct when using the Game:

(1) You will follow these Terms and all applicable laws;

(2) You will never give your password to anyone (no Ganz employee will ever ask for it);

(3) You will not harass, threaten or abuse other people when using the Game in any manner;

(4) You will not make excessive challenges or invitations to other users;

(5) You will not interfere with others' use of the Game or act in a way that negatively affects other users' enjoyment of the Game;

(6) You will not cheat and you will not use "exploits" or "alternate or dummy accounts" in any way;

(7) You will not participate in any action that, in the sole and absolute opinion of Ganz, results or may result in any authorized user of the Game being "scammed" or defrauded out of any items that such user has obtained in connection with such userís use of the Game;

(8) You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;

(9) You will not use or exploit any errors in design, features which have not been documented, or "bugs" to gain access, currency or items in any way that is not generally known and intentionally made available by Ganz, and you will promptly report to Ganz your discovery of any such errors, features or bugs.

(10) You will not attempt to harvest any screen names or e-mail addresses for any commercial use;

(11) You will not collect, store, or share personal information about any other individual on the Game, or otherwise stalk, repeatedly contact or harass another user;

(12) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Ganz; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;

(13) You will not use the Game to harm minors in any way, or encourage interactions with minors of an inappropriate or sexual nature;

(14) You will not manipulate the Game so as to hide your identity or participation in the Game (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);

(15) You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Game, users' ability to enjoy the Game, or the proper functioning of any software, hardware or equipment or materials used in connection with the Game;

(16) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Game;

(17) You will not use any automated programs or "scripts" to advance your character or characters, acquire goods, or otherwise accrue benefits in an automated fashion;

(18) You will not exploit the Game for any commercial purpose, including the provision of "power leveling" services;

(19) You will not sell, advertise, or post information on hacks for the Game nor will you advertise, post information on, or sell "hacks" for any other software or web sites; and,

(20) You will adhere to and abide by any policies or rules posted by Ganz.

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Game without giving you any notice. In the event that your rights to use the Game are terminated, you will immediately lose access to any information that may be on the system.

YOU UNDERSTAND THAT GANZ IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE GAME FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

INDEMNITY

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE GAME AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD GANZ AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE GAME, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE GAME, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.

DISCLAIMER OF WARRANTY

YOU UNDERSTAND THAT YOUR USE OF THE GAME (INCLUDING ANY DOWNLOAD FROM THE GAME AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE GAME) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE GAME AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE GAME, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.

YOU ACKNOWLEDGE THAT GANZ MAKES NO WARRANTY THAT THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT GANZ DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE GAME WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH HEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, GANZ DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE GAME AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE GAME.

DISCLAIMER OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GANZ OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, ARISING FROM YOUR OR OTHERS USE OF THE GAME, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE GAME OR GANZ, EVEN IF GANZ HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

ACCESS RESTRICTIONS / TERMINATION

We can terminate your access to the Game at any time. We may also remove any Content that you post without cause and without notice to you. We can also change these Terms at any time, and your continued use of the Game after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE GAME IN ANY MANNER FOR ANY PURPOSE.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the service from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

ENTIRE AGREEMENT

These Terms are the entire agreement between you and Ganz. They supersede any and all prior or contemporaneous agreements between you and Ganz relating to your use of the Game. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

You can direct any questions concerning these Terms to kingdomsccgsupport@ganz.com.