You acknowledge that you have read and understood this privacy policy. If you do not agree with this privacy policy, you must not use Kimon Games Services. If you change your mind in the future, you may withdraw your consent for the use of your personal information in accordance with this policy. YOU AGREE THAT IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THIS POLICY.
At Kimon Games, we understand that your privacy is of utmost importance to you, so please take a moment to carefully review our privacy policy. Our policy aims to help you understand:
What information we collect about you; How we will use your information; Who we share your information with; How long we retain your information; How you can exercise your rights over your information; Dispute resolution; How we will notify you of changes; Contact information. This privacy policy applies to all Kimon Games services that directly reference or link to this policy, but it does not apply to Kimon Games services that have separate privacy policies that do not incorporate this policy.
This section outlines the various types of personal information we collect and how we collect it. We will collect and use the following information about you:
When you register for the Game (including your chosen nickname or custom accounts and information imported from your connected social media accounts, such as WeChat, Facebook, Twitter, Google, etc.) to set up your profile. When you log in as a 'guest' to use the Game (your nickname). When you participate in a survey within the Game (in which case we will process the information you provide as part of the survey). Information you provide when seeking assistance from us, such as your name, telephone number, and records of the issues you encounter. Billing information, including your name, payment card number, and payment account details. Information We Collect About You:
We automatically gather certain data from you when you use the Game, including your IP address and device information (such as application version, network type, and operating system) as well as information regarding your use of the Game, such as date and time stamps of your actions. We also collect and store your data each time you interact with us, for instance, when you utilize in-app support to communicate with us.
You may provide additional information as part of your profile (such as gender). You may also provide or generate information when you communicate with other users in the Game (e.g., chat log data and chat content).
Demographic data (such as to determine the general location of your IP address). Data to combat fraud (such as refund abuse in games or click fraud in advertising). Data from platforms on which the games operate (to verify payment). Data for advertising and analytics purposes, allowing us to enhance your Service experience. Cookies:
We utilize cookies and other similar technologies (e.g., web beacons, log files, scripts, and eTags) ("Cookies") to enhance your experience when using the Services. Cookies are small files that, when placed on your device, enable us to provide certain features and functionality. You have the option to allow the installation of such Cookies or to disable them later. You may accept all cookies, instruct the device (in the case of the Game) to notify you at the time of cookie installation, or refuse all cookies by adjusting the relevant cookie retention settings on your device. However, if you choose to refuse cookies, the Game may not function as intended.
Personal Information |
Use |
Nickname |
We use this information to create your account for the Game in accordance with your request. |
Generated Open ID |
We generate this and use this to store your Game data (including level and progress) with your profile. |
Game Play Statistics (Level, Score/s) |
We use this information to provide you with feedback and information about your gameplay and progress. |
IP Address |
We use this information to improve our services, including the functionality of the Game. |
Device ID, Device Information |
We use this information:to improve our services, including the functionality of the Game;for security and verification purposes; identify and address bugs and assess game function for optimisation; and to combat users registering for multiple accounts. |
Advertising ID |
If you click on a link that advertises the Game, we store the Advertising ID for that advertisement with your profile. |
Chat Data |
If you enable chat services (audio or text) then we will process such data in order to deliver your messages to other users. |
Transaction Records: payments on Google Play or iOS App Store |
We use this information to maintain a record of your transaction history. |
Customer Support Ticket ID & User Communications with Support |
We use this information to:improve ou services;provide troubleshooting such as addressing and remediating technical issues and bugs. |
Security-Related Information |
We use this information:for security and verification purposes;identify and address bugs and assess game function for optimis ation; solve game crashes and optimise compatibility of devices with the game; and to combat users registering for multiple accounts. |
Survey Information and content of survey responses |
We use this information to improve our services |
In all the cases and for all purposes mentioned above, we may analyze, profile, and segment all collected data.
If you are a resident of the European Union, we rely on several legal grounds to process information about you. For instance, we process information based on your consent, when we have a legitimate interest, when processing is necessary for the performance of a contract with you, and when we have a legal obligation to process your information. For example, we depend on our legitimate interests for targeted marketing and on contractual necessity when you create an account. To learn more about the specific legal grounds we rely on for processing your information for any particular purpose, please reach out to us using the contact options listed in the Contact & Complaints section below.
We share your personal information with selected third parties both within and outside your country, including:
Other Players and Users: Social features are an integral part of our games. Other players and users may, for example, view your profile data, in-game activities, and read messages you have posted.
Partners Working for Kimon Games: Kimon Games collaborates with partners to perform services on our behalf. These partners process your data solely as per Kimon Games' instructions to provide the service, such as hosting, player support, advertising, analytics, and fraud prevention.
Other Companies and Public Authorities: To combat fraud and illegal activities, we may exchange data with other companies and organizations and provide it to public authorities in response to lawful requests. We may also disclose your data based on your consent, to comply with legal obligations, or to protect the rights, property, or safety of ourselves, our players, or others.
Related Group Companies of Kimon Games (including but not limited to Kimon Games Limited): We share your personal information with these entities to operate the Game Services.
Law Enforcement Agencies, Public Authorities, or Other Judicial Bodies and Organizations.
A Third Party That Acquires All or Substantially All of Us or Our Business: We will disclose information to a third party in the event that we sell or acquire any business or undergo a merger, in which case your data will be shared with the prospective buyer of such business.
We will also disclose information to a third party if we sell, acquire, merge, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be included among the transferred assets.
Personal Information |
Retention Policy |
Nickname |
Stored for the lifetime of your use of the Game (i.e. until account deletion in accordance with your request) and then deleted within 30 days. |
Social Connect Information |
Stored for the lifetime of your use of the Game,until account deletion in accordance with your request. upon which it will be deleted within 30 days. Where you do not request for account deletion,such data will be retained for 1 year after the Game is shut down, before it is deleted. |
Game Play Statistics (Level, Score/s) |
Stored for the lifetime of your use of the Game, until account deletion in accordance with your request, upon which it will be deleted within 30 days.Where you do not request for account deletion, such data will be retained for 1 year after the Game is shut down, before it is deleted. |
Chat Communications (Text) |
Stored for the lifetime of your use of the Game, until account deletion in accordance with your request, upon which it will be deleted within 7 days.Where you do not request for account deletion, such data will be retained for 1 year after the Game is shut down, before it is deleted. |
OpenID |
Stored for the lifetime of your use of the Game, until account deletion in accordance with your request, upon which it will be deleted within 15 days.Where you do not request for account deletion, such data will be retained for 1 year after the Game is shut down, before it is deleted. |
IP Address |
Stored for the lifetime of your use of the Game, until account deletion in accordance with your request, upon which it will be deleted within 15 days.Where you do not request for account deletion, such data will be retained for 1 year after the Game is shut down, before it is deleted. |
Device ID, Device Information |
Stored for the lifetime of your use of the Game, until account deletion in accordance with your request, upon which it will be deleted within 30 days.Where you do not request for account deletion, such data will be retained for 1 year after the Game is shut down, before it is deleted. |
Advertising ID |
Stored for the lifetime of your use of the Game, until account deletion in accordance with your request, upon which it will be deleted within 15 days.Where you do not request for account deletion, such data will be retained for 1 year after the Game is shut down, before it is deleted. |
Transaction Records |
Stored for the lifetime of your use of the Game (i.e. until account deletion in accordance with your request) and then for the duration of any retention periods for which such data must be retained in order to comply with our legal obligations. |
Customer Support Ticket ID & User Communications with Support |
Support data is deleted within 30 days of a lawful request from you for the erasure of such data (see the Erasure section of this privacy policy). |
Security-Related Information |
Stored for the lifetime of your use of the Game, until account deletion in accordance with your request, upon which it will be deleted within 30 days. |
Survey Information |
Stored for: (a) if you provide your email as part of the survey, up to 6 months (in order for us to follow up with you) and then the data is anonymised; or (b) if you do not provide your email as part of the survey, up to 1 month and then the data is anonymised. |
Personal Information Retention
Personal information is retained until the end of its life cycle (as outlined in the retention policy above).
When personal information is destroyed, measures will be taken to ensure it becomes irrecoverable or irreproducible. Electronic files containing personal information will be permanently deleted using technical methods that render the files irreproducible.
If the processing and retention period has ended, but personal information needs to be retained for other reasons, including those prescribed under applicable laws, the relevant personal information will be stored and maintained separately from other types of personal data. If you request the destruction of your personal information before the end of its life cycle (as specified in the retention policy above), we will comply in accordance with local laws.
This section ("Your Rights") applies only to users located in the European Economic Area. For users in other territories, please refer to the privacy clause in this policy.
You have certain rights regarding the personal information we hold about you. Some of these rights apply only under specific circumstances (as detailed below). We must respond to your requests to exercise these rights without undue delay and within one month (although this may be extended by an additional two months in certain cases). To exercise any of your rights, please email us at support@kimongames.com.
You have the right to access the personal information we hold about you, including how we use it and who we share it with. You can access the personal information associated with your account by logging into your Game account or by contacting support@kimongames.com. If you believe we hold any other personal information about you, please email us at support@kimongames.com.
You have the right to receive a copy of certain personal information we process about you. This includes any personal information processed based on your consent (e.g., specific survey data) or under our contract with you, as described in the section "How We Use Your Personal Information." You have the right to receive this information in a structured, commonly used, and machine-readable format. You may also request that we transfer that personal information to another party. If you wish for us to transfer such personal information to a third party, please specify that party in your request. Note that we can only do this where it is technically feasible. Please be aware that we may not be able to provide personal information if doing so would infringe upon the rights of others (e.g., if providing the information we hold about you would reveal details about another person or our trade secrets or intellectual property).
You have the right to correct any inaccurate personal information we hold about you. You can access the personal information associated with your account by logging into your Game account. If you believe we hold any other personal information about you that is inaccurate, please email us at support@kimongames.com.
You can delete your account or remove certain personal information by logging into your Game account. If there is any other personal information you believe we process that you would like us to erase, please email us at support@kimongames.com.
You may request the erasure of your personal information in the following circumstances:
You believe it is no longer necessary for us to hold such personal information. You believe the personal information we hold about you is being unlawfully processed. You may also exercise your right to restrict our processing of your personal information (as described below) while we consider your request.
We may need to retain personal information if valid grounds under data protection laws require us to do so (e.g., for legal defense or freedom of expression), but we will inform you if that is the case. If you request the erasure of personal information publicly available on the Game Services and there are grounds for erasure, we will take reasonable steps to inform others displaying the personal information or providing links to it to erase it as well.
You have the right to require us to stop processing your personal information for reasons other than storage in certain circumstances. However, please note that if we stop processing your personal information, we may use it again if valid grounds under data protection laws allow us to do so (e.g., for legal defense or another's protection).
As mentioned above, when we agree to stop processing your personal information, we will attempt to inform any third party to whom we have disclosed the relevant personal information so they can also cease processing it.
You may request that we stop processing and only store your personal information under the following conditions:
You believe the personal information is inaccurate while we verify its accuracy. You wish to erase the personal information because our processing is unlawful, but you want us to retain it for storage instead. You wish to erase the personal information because it is no longer necessary for our purposes but require it to be stored for the establishment, exercise, or defense of legal claims.
You have the right to object to our processing of your personal information. We will consider your request in other circumstances as detailed below by emailing us at support@kimongames.com.
From time to time, we may send you announcements when we deem it necessary (such as when we temporarily suspend Game access for maintenance, or for security, privacy, or administrative-related communications). You cannot opt out of these service-related announcements, which are not promotional in nature.
We have established administrative, physical, and technical security measures designed to safeguard your information against loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. However, it is important to recognize that, despite our best efforts, no security system can be considered completely impenetrable.
We do not intentionally collect or solicit personal information from individuals under the age of 16, nor do we direct or target interest-based advertising towards them. If you are under 16, please refrain from sending us any information about yourself, including your name, address, phone number, or email address. No one under the age of 16 is permitted to provide any personal information. Should we discover that we have collected personal information from a child under 16, we will promptly delete that information. If you suspect that we may have collected information from or about a child under this age, please contact us.
Kimon Games may contain links to other websites, applications, and services. As Kimon Games does not operate these external sites, applications, and services, we cannot be held responsible for their privacy practices. We encourage you to regularly review the privacy policies of these entities to understand their practices. This policy specifically outlines Kimon Games' practices.
Kimon Games may periodically update this privacy policy. When changes are made, we will revise the "Last Updated" date at the top of this document. If we implement significant changes regarding how we collect, use, retain, or share your personal information, we will inform you by sending an email to the last email address you provided us, or by posting a notice of the changes on the services governed by this privacy policy.
We may transfer information collected about you to affiliated entities or other third parties across international borders from your country or jurisdiction to other countries or jurisdictions worldwide. Please be aware that these countries may not have the same data protection laws as your own jurisdiction. We take appropriate measures to ensure adequate safeguards are in place for the transfer, use, and disclosure of information about you, including personal information, as detailed in this policy.
We welcome questions, comments, and requests regarding this policy. Please reach out to us via email at support@kimongames.com.
If you wish to file a complaint about how we process your personal information, please contact us at support@kimongames.com, and we will make every effort to address your request promptly. This does not affect your right to lodge a complaint with the data protection authority in your country of residence or work if you believe we have violated data protection laws.
Welcome to Kimon Games. In these terms and conditions of use ("Terms"), "Kimon Games", "we", "us", or "our" refer to Kimon Games Limited and all of its subsidiaries. We provide our users ("Kimon Games Users") with:
Applications for mobile platforms or devices, and web applications accessible on third-party social networking services ("SNS") (collectively, our mobile and web applications are referred to herein as "Kimon Games Applications"), Game publisher networks, crowdsourcing services and platforms ("Networks") in connection with Kimon Games Applications and Third-Party Mobile Applications (defined below), web domains and subdomains, and web forums or message boards in Kimon Games Applications and our Sites (collectively, our "Forums"). Any and all of our Kimon Games Applications, Networks, Kimon Games Developer Portal, Sites, and Forums are referred to herein as our "Services".
Please read these Terms carefully because they govern your access to and use of our Services, Kimon Games Content, and User Content (defined below) and are legally binding.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "SIGN UP" BUTTON WHERE APPLICABLE, OR BY ACCESSING OR USING OUR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER (DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR KIMON GAMES CONTENT. Certain Services, and your access to or use of certain Kimon Games Content, may have different, Service-specific, or Kimon Games Content-specific terms and conditions ("Rules") posted, or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Service-specific Rules or Kimon Games Content-specific Rules, the applicable Rules will take precedence with respect to your use of, or access to, such Service or Kimon Games Content. In addition, Kimon Games offers access to third-party mobile applications available via our Services (each, a "Third-Party Mobile Application"), which are designed by third-party publishers (each, a "Third-Party Publisher"). You understand and agree that access to and use of any Third-Party Mobile Application shall be subject to the terms and conditions of use provided by the Third-Party Publisher of such Third-Party Mobile Application ("Third-Party Terms").
Kimon Games reserves the right, at its sole discretion, to modify, discontinue, or terminate our Services, including any portion thereof, globally or individually, or to modify these Terms at any time without prior notice. If we modify these Terms, we will post the modified Terms or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms or provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using our Services.
By using our Services, you represent and warrant to Kimon Games that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms.
In order to access the full features of our Services and to post any User Content on or through our Services, you must register to create a Kimon Games account ("Kimon Games Account") and become a "Member." You agree that if you are under the age of 18, or whatever is the age of legal majority where you access the Services, your legal guardian has read, understood, and agreed to these Terms. In registering for a Kimon Games Account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, including any use of your credit cards or other payment methods by minors. During the registration process, you will be required to provide certain information, including your email address, and you will establish a username and a password. You agree to provide accurate, current, and complete information during the registration process and to update this information as needed to ensure its accuracy and completeness. Kimon Games reserves the right to suspend or terminate your account if any information provided during registration or afterward is found to be inaccurate, outdated, or incomplete. If you are not a member, you may only browse or use limited parts of our Services that are not restricted to Members.
You are responsible for safeguarding your password. You agree not to disclose it to any third party or allow any third party to use your Kimon Games Account, and you assume full responsibility for any activities or actions carried out under your account, regardless of whether you authorized them. You must notify Kimon Games immediately if you become aware of any unauthorized use of your account.
Even though we use the term "your" to describe an account you registered for, you agree that you have no ownership or other property interest in the Kimon Games account. All rights in and to the account are and will always remain owned by Kimon Games.
The use of our Services is also governed by Kimon Games's Privacy Policy. If you have any questions about the Privacy Policy, please contact us via email at: support@kimongames.com
Various types of content are available on or through our Services:
User Content: Includes text, data, graphics, images, photos, videos, audiovisual content, hypertext links, and any other material uploaded or submitted by Members through our Services.
Kimon Games Content: Includes text, data, graphics, images, illustrations, forms, documents, marketing materials, trademarks, and logos of Kimon Games or its licensors, as well as Kimon Games Applications and Third-Party Mobile Applications, and excludes User Content. Customization: Refers to modifications or enhancements made by users to Kimon Games Content using tools or templates provided by Kimon Games. Customizations do not include User Content.
Our Services and Kimon Games Content are protected by copyright, trademark, and other intellectual property laws. Except as expressly provided, Kimon Games and its licensors retain full ownership of all rights to the Services and Content, including intellectual property rights like patents, copyrights, trademarks, trade secrets, and more. You acknowledge that Kimon Games will retain exclusive ownership of all Customizations, and you waive any rights you may have over them. You may not remove, alter, or obscure any proprietary notices related to the Services or Kimon Games Content.
Subject to your compliance with these Terms, Kimon Games grants you a limited, non-exclusive, non-transferable license to access, view, download, and print Kimon Games Content for personal and non-commercial purposes. You agree not to use, modify, distribute, license, sell, publicly display, or exploit the Services or Content beyond what is expressly permitted by these Terms.
By submitting any User Content through our Services, you grant Kimon Games a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, modify, distribute, and display such User Content through our Services. Kimon Games does not claim ownership of User Content, and these Terms do not restrict your rights to use your User Content outside of our Services. However, you are solely responsible for the content you post, and you represent that you own or have the necessary rights to post the User Content. You also confirm that your User Content and its use on our Services will not violate the intellectual property, privacy, or publicity rights of any third party.
You are prohibited from using our Services to offer, display, distribute, transmit, route, or store any material that infringes on copyrighted works or otherwise violates or promotes the violation of Intellectual Property Rights belonging to any third party.
You are allowed to chat and leave comments ("Comments") regarding content available on our Services. Kimon Games advises you to exercise caution and sound judgment when posting such comments. Generally, we do not monitor or moderate these Comments. Once submitted, you should not expect to edit or request changes to your Comments, nor should you expect us to make edits or deletions on your behalf. Be aware that defamatory comments could potentially result in legal consequences. Kimon Games may monitor, censor, or remove any Comments that it deems inappropriate, although it is not obligated to do so. Additionally, we welcome your feedback and suggestions ("Feedback") for improving our Services. Any Feedback you provide becomes the sole property of Kimon Games, including all associated Intellectual Property Rights. You waive any claim to compensation for providing Feedback, and you may be asked to assist Kimon Games in perfecting its legal rights to such Feedback.
Kimon Games holds the rights to all content, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency"), that appears or originates within the Services or any third-party applications. These items are provided solely for your personal and entertainment use and cannot be used outside of Kimon Games or its affiliated applications. Virtual Items and Virtual Currency hold no real-world monetary value, and you are granted only a limited license to use them under the terms provided. These items cannot be sold or transferred outside of authorized exchanges within the Services, and they cannot be redeemed for real money or goods.
IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE OF MAJORITY WHERE YOU ACCESS THE SERVICES, YOU MAY ONLY MAKE PAYMENTS WITH THE CONSENT OF A LEGAL GUARDIAN, WHO MUST AGREE TO THESE TERMS. All purchases of Virtual Items or Virtual Currency from Kimon Games are final. In the event that an item becomes unavailable before it can be delivered, you may request a refund for the transaction. Once accepted, Virtual Items and Virtual Currency are immediately delivered to your account, and you waive any right of withdrawal from the purchase. Kimon Games does not provide refunds unless explicitly stated. For any payment-related questions, you can reach out to us at support@kimon.com.
You are responsible for all fees and applicable taxes associated with any purchases made through your Kimon Games account.
If you download Kimon Games Applications or third-party applications from platforms like the Google Play Store, you agree to abide by both these Terms and the terms of those virtual storefronts. Additionally, Kimon Games may be considered a third-party beneficiary of the license agreements between you and third-party publishers of such applications.
You are solely responsible for your interactions with other Kimon Games users, including any disputes. While we may offer features such as reporting or blocking users, you must still exercise caution and discretion when using the Services and when disclosing personal information. If you choose to meet other users offline, it is your responsibility to take reasonable precautions. Kimon Games disclaims any liability for interactions between users. We may contact users to ensure compliance with these Terms, and you agree to cooperate in any investigation of suspected unlawful or fraudulent activity.
You agree not to engage in any of the following activities while using our Services, Kimon Games content, or User content: Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information, or other materials that: infringe on, misappropriate, or violate any third-party's Intellectual Property Rights, or rights of publicity or privacy; violate or encourage conduct that would violate any applicable law or regulation, or cause civil liability; are fraudulent, false, misleading, or deceptive; are defamatory, obscene, pornographic, vulgar, or offensive; promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; are violent or threatening, or promote violence or actions that are threatening to others; or promote illegal or harmful activities or substances (including but not limited to activities providing instructions on manufacturing or purchasing illegal weapons or substances).
You must not use, display, mirror, frame, or use framing techniques to enclose our Services, or any part of our Services, Kimon Games' name, any Kimon Games or Kimon Games' licensor trademarks, logos, or proprietary information, without express written consent from Kimon Games. Do not access, tamper with, or use non-public areas of our Services, Kimon Games' computer systems, or the technical delivery systems of Kimon Games' providers. Attempting to probe, scan, or test the vulnerability of any Kimon Games system or network, or to breach any security measures, is prohibited. Additionally, you may not avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measures implemented by Kimon Games or any of its providers or other third parties to protect our Services or Kimon Games content.
Attempting to access or search our Services or Kimon Games content, or downloading content from our Services through any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Kimon Games or other generally available third-party web browsers (such as Google Chrome, Microsoft Edge, Mozilla Firefox, Apple Safari, or Opera) is prohibited. You also must not send unsolicited or unauthorized advertisements, promotional materials, junk mail, spam, chain letters, or other solicitations. It is forbidden to use any meta tags or other hidden text or metadata utilizing Kimon Games or its licensors’ trademarks, logos, or product names without express written consent from Kimon Games.
Use of our Services or Kimon Games content for commercial purposes or for the benefit of third parties without permission is prohibited. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or using our Services to send altered, deceptive, or false information, is also forbidden. You must not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide our Services or Kimon Games content. Do not interfere with or disrupt the access of any user, host, or network, including sending viruses, overloading, flooding, spamming, or mail-bombing our Services
.Gathering or storing personally identifiable information from our Services or other users without their express permission is forbidden. Impersonating or misrepresenting your affiliation with any person or entity, violating any law, or encouraging others to do any of the aforementioned is strictly prohibited. Posting user content that infringes on others' rights, bullying, harassment, or soliciting login credentials from other users are also prohibited behaviors. Additionally, account sharing and using cheats, hacks, or third-party software to gain an unfair advantage over others in the Services is not allowed.
Kimon Games has the right to investigate and prosecute violations of any of these terms, including intellectual property infringement and security breaches, to the fullest extent of the law. Kimon Games may cooperate with law enforcement authorities in prosecuting users who violate these terms. While Kimon Games has no obligation to monitor your use of the Services, it reserves the right to do so for operational purposes and to ensure compliance with these terms. Kimon Games may also remove or disable access to any user content that it deems to be in violation of these terms or harmful to the Services.
Our Services may include links to third-party websites or resources. You acknowledge that Kimon Games is not responsible for the availability or accuracy of such websites or the content, products, or services available from them. Links do not imply Kimon Games' endorsement of these websites or resources. You assume all responsibility and risk when using such third-party sites. Furthermore, certain content, products, or services available on our Services may come from third-party providers, including third-party mobile applications. Kimon Games is not responsible for examining the accuracy or content of third-party materials and will not be liable for third-party apps or materials.
Kimon Games may offer sweepstakes, contests, and promotions through its Services. Be sure to review the rules of each promotion you participate in, as they may contain important information regarding Kimon Games' ownership of submissions made as part of the promotion. In case of conflict between the official rules of a promotion and these terms, the official rules will take precedence.
Kimon Games may suspend or terminate your account if it suspects or determines that you have violated these terms, engaged in illegal activities, or caused harm or disruption to other users, Kimon Games, or third parties. Kimon Games may also report violations to authorities without prior notice to you. You may terminate your account by sending an email to support. Upon termination, you lose all access to your account and its contents, including virtual items or currency.
If your account is terminated, you will lose access to your account and its contents permanently. Kimon Games will not be obligated to maintain any data associated with your account or refund any virtual items or currency, regardless of how they were lost. Termination of the Services will immediately end all rights granted to you, and Kimon Games will have no further obligation to provide services.
OUR SERVICES, KIMON GAMES CONTENT, AND USER CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KIMON GAMES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. KIMON GAMES MAKES NO WARRANTIES THAT OUR SERVICES, KIMON GAMES CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KIMON GAMES DOES NOT WARRANT THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KIMON GAMES OR THROUGH OUR SERVICES, KIMON GAMES CONTENT, OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Kimon Games, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the User Content you submit to Kimon Games, your access to our Services or Kimon Games Content, or your violation of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES, KIMON GAMES CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER KIMON GAMES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR KIMON GAMES CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KIMON GAMES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT KIMON GAMES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, KIMON GAMES WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED OR DOWNLOADED THROUGH OUR SERVICES. IN NO EVENT WILL KIMON GAMES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR KIMON GAMES CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KIMON GAMES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Kimon Games or our licensors used in association with the Services are trademarks or registered trademarks of Kimon Games or our licensors. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
In the event of a dispute between you and Kimon Games, Kimon Games encourages the resolution of the relevant dispute through good faith discussions by contacting Kimon Games at support@kimongames.com. If the dispute between you and Kimon Games cannot be resolved through good faith means, you agree that Turkish law will apply and that the competent courts will be the Central Courts of Istanbul.
These Terms constitute the entire and exclusive understanding and agreement between Kimon Games and you regarding our Services and Kimon Games Content, superseding and replacing any prior oral or written understandings or agreements between Kimon Games and you.
You may not assign or transfer these Terms, by operation of law or otherwise, without Kimon Games' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Kimon Games may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of our Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (x) by Kimon Games via email (to the address you provide) or (y) by posting on or through our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Kimon Games to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kimon Games. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You agree that (i) these Terms are intended to cover any Third Party Publisher who is an affiliate of Shanghai Kimon Games Network Technology Co., Ltd. ("Affiliate Publisher"); (ii) your obligations to Kimon Games under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any Third-Party Terms with any such Affiliate Publisher; and (iii) Affiliate Publishers are third-party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.
If you have any questions about these Terms, please contact Kimon Games via email at support@kimongames.com