Last Updated: April 26, 2016
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE REGISTERING FOR OR USING KT PLAY OR ANY OF OUR OTHER SERVICES. These Terms of Service govern use of the websites operated by or on behalf of Kryptanium HK Ltd. and/or its affiliates (“Kryptanium,” “KT,” “we,”, “our” or “us”) and on which these Terms of Service appear, including those at kryptanium.com and other URLs or websites provided under the “Kryptanium” brand (collectively “Websites”), and KT Play or other KT services provided on or through the Websites and/or accessible through various desktop and mobile web browsers, locally installed mobile web applications, third party platforms (“Third Party Platforms”), and various other services that we may offer from time to time, including without limitation mobile, online and/or other games and applications, community forums, blogs and online videos available to the public (collectively, the “Services”). The Services may contain the information and materials provided by us or Third Party Platforms, including without limitation, data, text, pictures, graphics, audio, video, icons, software, and other content (collectively, the “Materials”). All references to the Services in this Agreement shall include the Websites and the Materials.
By clicking on the "I AGREE” button, or otherwise accessing and using the Services, you acknowledge and agree that you have read and understood and agree to comply with the terms and conditions of this Agreement, and are entering into a binding legal agreement with KT. If you do not agree to comply with and be bound by this Agreement, please do not accept this Agreement or use the Services.
1.1 General. In order to use the Services, you must create an account ("Account"). You must not allow anyone other than yourself to access and use your Account. You acknowledge and agree: (i) to provide accurate and complete Account and login information; (ii) to keep all Account login details and passwords secure at all times; (iii) that you remain solely responsible and liable for the activity that occurs in connection with your Account, and (iv) to promptly notify us in writing if you become aware of any unauthorized access or use of your Account or the Service. You may send us an email request to support@KTplay.com to cancel or delete your Account at any time.
1.2 Age Restriction. The Services are only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not register an Account or use the Service. If you are between 13 and 18 years of age, then you must review this Agreement with your parent or guardian before registering an Account or using the Service to make sure that you and your parent or guardian understand the terms and conditions of this Agreement and agree to them.
2. License Grant.
We hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for your own non-commercial purposes, subject to your full and complete compliance with this Agreement and any and all other terms and policies set forth on or in the Websites or Services, including without limitation on Third Party Platforms. We reserve the right to revoke your right to use the Services at any time as further set forth in Section 14 (Termination) herein. Except as expressly provided herein, we do not grant you any other express or implied rights or license in or to the Materials, Services or the Websites, and all right, title and interest that we have in the Materials, Services or the Websites rights not explicitly granted to you by us or our licensors are retained by us or our licensors, respectively.
You agree not to, directly or indirectly:
3.1 Use or access the Services in any manner that violates any applicable laws or regulation, including, without limitation, the Children’s Online Privacy Protection Act (“COPPA”) or is prohibited by this Agreement;
(a) Alter, merge, adapt, modify, translate, reverse engineer, decompile or disassemble any part of the Services;
(b) Derive, or attempt to derive, the source code of the Services;
(c) Sell, rent, lease, transfer, sublicense, or otherwise transfer or distribute rights to the Services;
(d) Disrupt any servers or networks connected to the Services;
(e) Use or launch any automated system (including without limitation, "robots" and "spiders") to access the Services;
(f) Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content (defined below) or that enforce limitations on use of the Services;
(g) Remove, alter or obscure any proprietary notices or labels on, affixed to, contained in or displayed on the Services or any copies thereof, or use the KT Marks (defined below) for any purpose;
(h) Use the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
(i) Access, store, distribute, or transmit during the course of use of the Services any unlawful, threatening, libelous, obscene or infringing material；
(j) Damage, disable, overburden, or impair the Services, including any Services available on or through any Third Party Platforms, including by making, uploading, copying, sending, posting, transmitting or distributing anything that contains a virus or other code intended to damage or interfere with the Services or any portion thereof, or any software, hardware, equipment, system, data, or other information of KT or any third party;
(k) Interfere with or disrupt the integrity or performance of the Services;
(l) Work around any technical limitations in the Services, or use any tool to enable features or functionalities that are otherwise disabled in the Services;
(m) Use the Services in any unlawful, harmful, irresponsible or inappropriate manner, or one that could associate KT or any of its affiliates with any improper or inappropriate purpose, or in any manner that violates this Agreement;
(n) “Stalk”, harass, threaten, or defraud other KT users or any members of KT staff;
(o) Create a false identity or impersonate another person or entity, including without limitation, identities falsely indicating that you are a KT representative, message board moderator, guide, another user or host, or that you are a celebrity or public figure or official;
(p) Access another user’s Account without permission;
(q) Make, upload, copy, send, post, transmit or make available any pornographic, sexually graphic, threatening, embarrassing, hateful, racially or ethnically insulting, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive comments or content, including any topics that may be harmful to or threaten the security of a child or minor;
(r) Make offers, advertisements or proposals for goods, services, or other commercial activities outside of KT;
(s) Make, upload, copy, send, post, transmit or make available any unsolicited or inappropriate Content, junk mail, SPAM, chain letters, pyramid schemes, investment opportunities, or other unsolicited or unauthorized commercial or promotional Content or communications, except as expressly permitted by KT in writing;
(t) Make, upload, copy, send, post, transmit or make available any Content that are subject to intellectual property protection, including, copyright trademark, trade secret or patent rights, or otherwise subject to third party property rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from the owner of such rights to do so and to grant KT all the license rights necessary to transmit or maintain such Content;
(u) Misrepresent the source, identity, or content of information made, uploaded, copied, sent, posted, transmitted or made available via the Websites, the Services or a Third Party Platform, (such as claiming a created work as your own that is not actually yours)
(v) Frame or mirror any part of the Services without KT written permission;
(w) Harvest or collect any information about any user of the Services, including any Services available through Third Party Platforms, including personal or Account information, including passwords, e-mail addresses, or geo-locations;
(x) Modify any part of the Services, including any Services available through any Third Party Platform, for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Services; or
(y) Assist, permit or encourage any party in engaging in any of the activities described in the above listing.
3.2 You shall act in accordance with laws of the People’s Republic of China, without taking advantage of Services to perform (or take part in) any activity that harms national security or involves any disclosure of state secrets, or infringing national, social, collective or civil rights and benefits, or taking advantage of Services to make, copy or transmit information that
(a) is used to incite resistance to or disruption of the enforcement of the Constitution, laws or administrative rules;
(b) is used to incite subversion of political power or the socialist system;
(c) is used to incite disruption of a nation or damage unification of a nation;
(d) is used to instigate hatred or discrimination among or damage national unity of the Chinese people;
(e) contains false or misleading facts, rumors or something else that disturbs the social order;
(f) advocates feudalistic and superstitious activities, pornographic or obscene matters, gambling, violence, murder, terrorism or abetment;
(g) contains insulting, libel or malicious remarks;
(h) impairs the reputation of government authorities;
(i) is not permitted by the Constitution, laws, or administrative rules.
4. User Content.
The Services may include features such as ratings, message boards, e-mail services, blogs and/or other forums or areas where you and other users may submit information and other materials, including without limitation, data, text, ideas, pictures, graphics, audio, video, icons, software, and other content through the Services, including through Third Party Platforms (collectively, “Content”).
4.1 All Content, whether publicly posted or privately transmitted, is the sole responsibility of the party who originated such Content. We are unable to control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
4.2 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
4.3 You are responsible and liable for your Content. You acknowledge and agree that your communications with other users via the Services are public and not private communications, and that you have no expectation of privacy concerning your use of the Services. You acknowledge that any personal information that you communicate via the Services may be seen and used by others and may result in unsolicited communications. We strongly encourage you not to disclose any personal information about yourself in your communications via the Services. We are not responsible for information that you choose to communicate or Content you provide via the Services.
4.4 By making, uploading, copying, sending, posting or transmitting Content on or through the Services, you grant KT and our designees and users a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, modify, create derivative works of, publish, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, distribute and import your Content in any media or distribution method now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Content. You agree that this license includes the right for KT to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use, and further agree that KT has the right to take lawful actions of any kind whatsoever to protect the aforesaid right in its own name and the right to receive compensations in connection therewith. Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
4.5 You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content by us in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
4.6 Under no circumstances will KT or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on any Content provided through the Services (including through any Third Party Platform). We have no obligation to monitor the Services, any Third Party Platform, or Content that you or other third persons or parties transmit or post.
4.7 You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (i) alter, remove, or refuse to post or allow to be posted or stored any Content; (ii) monitor and/or filter any of your communications through the Services (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Content or message or any communication through the Services, and the circumstances surrounding the transmission thereof, to any third party (including law enforcement) in order to operate the Websites or any Services available thereon or through any Third Party Platform.
4.8 Notwithstanding anything stated herein, by submitting Content you represent and warrant that (i) you own or otherwise control all of the rights including without limitation, all copyrights, to your Content or are otherwise legally entitled to post the Content; (ii) the Content is accurate; (iii) use of the Content you supply does not violate the Agreement and will not cause injury to any person or entity; and (iv) you will indemnify KT and/or its subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Content you supply, provide or transmit to KT or through the Services. KT has the right, but not the obligation, to monitor and edit or remove any activity or Content. KT takes no responsibility and assumes no liability for any Content posted by you or any third party.
KT RESERVES THE RIGHT TO REMOVE ANY CONTENT THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING OR APPEARING IN THE SERVICES OR IN ANY THIRD PARTY PLATFORM. We may store Content indefinitely, but we have no obligation to store Content or make it available to you in the future and Content may be destroyed without your permission with no liability to us for doing so.
5. Modifications to the Agreement and the Services.
5.1 We reserve the right, at our discretion, to change the terms of this Agreement at any time. Such change will be effective ten (10) days following posting of the revised Agreement on our website, and your continued use of the Services thereafter means that you accept those changes.
5.2 We reserve the right to (and nothing in this Agreement shall limit our right to) change, modify, suspend or discontinue the Services, in part or in whole, at any time with or without notice.
5.3 You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Agreement or Services.
6.1 This Agreement shall become effective on the date that you commence to access or use the Services, and will continue until terminated by either party. You may terminate this Agreement at any time by canceling your Account. We may terminate this Agreement (and your right to use the Services) at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Agreement or prolonged inactivity.
6.2 Effect of Termination. Upon the termination of this Agreement: (i) your right to access and use the Services will immediately cease, and (ii) you will lose all access to any data (including any Content) that we may be storing on your behalf. This Section, any of your unpaid payment obligations, and Sections 3(Restrictions), Sections 4(User Content), Section 5(Modifications to the Agreement and the Services), Section 6(Termination), Section 7(Intellectual Property), Section 8(Warranty Disclaimer), Section 10(Indemnification), Section 12(Privacy), Section 13(Compliance with Laws), Section 14(Relationship), Section 15(Assignment), Section 16(Governing Law and Disputes), and Section 17(General) shall survive termination of this Agreement.
6.3 You agree that we will not be liable to you or to any third party for loss, damage or liability that may result from the modification, suspension or termination of this Agreement, the Service or the Software, or your loss of access to the Service (or Software).
7. Intellectual Property.
7.1 The Service. All of the intellectual property and proprietary rights, title and interest of any nature in and to the Services (including the Website and the Materials), including any updates and upgrades, and any modifications and derivative works (whether or not permitted under this Agreement) of the foregoing, are and shall remain the exclusive property of KT and/or its licensors. No legal or equitable title to, or ownership of, the Services is transferred to you or any third party.
7.2 Marks. The trademarks, service marks and logos displayed in the Services (including the Websites and Materials)(collectively "Marks"), are the property of KT and our affiliates and/or our licensors and may be protected by applicable copyright or other intellectual property laws and treaties. ‘KT’, 'Kryptanium', ‘KT Play’, the Kryptanium logos and other marks are Marks of KT or our affiliates. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.
7.3 Rights Reserved. Except as expressly set forth herein, nothing in this Agreement shall be construed as transferring any rights to you or any third party. KT and KT’s licensors reserve any and all rights not expressly granted in this Agreement.
8. Warranty Disclaimer.
The Services are provided on an "as is" and "as available" basis, and without warranties of any kind either express or implied. You assume all responsibility for the selection and use of the Services, and any feature of the Services. KT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. KT DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT, INFORMATION, OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICES. YOUR USE OF AND RELIANCE UPON THE SERVICES, IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND KT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
9. Limitation of Liability.
9.1 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KT SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS OR REVENUE) ARISING UNDER OR OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF KT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
9.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KT FOR ANY DAMAGES UNDER OR OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICES HEREUNDER DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
9.3 YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES (INCLUDING THE WEBSITES AND MATERIALS), INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR THROUGH ANY THIRD PARTY PLATFORM, CONTENT OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, WEBSITES, MATERIALS, CONTENT, PRODUCTS, SERVICES, OR LINKED WEBSITES, AS APPLICABLE.
You agree to defend, indemnify and hold harmless KT and our affiliates and our respective officers, directors, employees, agents, consultants, suppliers, service providers and other users of the Service from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (i) your use of the Services, and/or (ii) your breach of this Agreement.
12.1 The privacy policies applicable to the Services (the “Privacy Policies”) are posted and accessible from webpage of the Services and are deemed incorporated by reference in this Agreement.
12.2 Notwithstanding anything to the contrary in the foregoing Privacy Policies, we may access, read, preserve, disclose and use any information that we obtain in connection with the Service, and your use thereof, for any lawful purpose, including as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including to investigate potential violations of this Agreement, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of KT, its users or the public.
12.3 You agree that KT may send you messages, about KT's and/or a third party's products and services, via email, push notifications and other communication channels.
13. Compliance with laws.
You agree to comply with all applicable laws (including, without limitation, COPPA) while accessing or using the Services, including the Websites.
Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and KT. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of KT.
This Agreement, including any rights and licenses granted hereunder, may not be transferred or assigned by you. This Agreement may be assigned or transferred in part or in whole by KT without restriction or notification.
16. Governing Law and Disputes.
This Agreement and the relationship between you and KT shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. If any dispute shall arise in connection with this Agreement, either Party may initiate the dispute resolution procedures set forth in this Section by giving the other Party written notice of such dispute (“Dispute Notice”). Following issuance of a Dispute Notice, the Parties shall endeavor to resolve the dispute through negotiations conducted in good faith. All negotiations that take place in connection with the dispute shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings. If the dispute cannot be resolved through good faith negotiations within thirty (30) calendar days from the date upon which the Dispute Notice was issued, either Party may submit the dispute to be finally resolved by arbitration under China Economic and Trade Arbitration Commission (“CIETAC”) by written notice to the other Party and to CIETAC. The number of arbitrators shall be one, the language to be used in the arbitration proceedings shall be English and the place of arbitration shall be Beijing. The arbitration shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. Once a dispute is referred to arbitration, such dispute shall be finally and exclusively settled through binding arbitration unless the Parties otherwise reach an agreement to resolve the dispute.
This Agreement shall constitute the entire agreement between you and KT concerning the Service and the Software. If any provision of this Agreement is found to be illegal, invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.