General Terms of Use

Last Updated: June 16th, 2017

ACCEPTANCE OF TERMS OF USE

A Thinking Ape Entertainment Ltd. (A Thinking Ape) owns and operates the online game Kingdoms of Heckfire.

By accessing and using Kingdoms of Heckfire, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE KINGDOMS OF HECKFIRE IN ANY MANNER. A Thinking Ape reserves the right to limit or terminate your access to Kingdoms of Heckfire if you do not comply with these Terms of Use.

A Thinking Ape reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of Kingdoms of Heckfire after the posting of any changes to the Terms of Use means that you have accepted those changes.

A Thinking Ape Services is available for individuals aged 13 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

RESTRICTIONS ON USE OF KINGDOMS OF HECKFIRE

Content You Post to Kingdoms of Heckfire

You may post and share comments and content with other users through Kingdoms of Heckfire’s communication mechanism. By using Kingdoms of Heckfire, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

  1. is harmful, threatening, abusive, harassing, torturous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
  2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner
  3. is illegal
  4. is tortuous, defamatory, libelous or invasive of another's privacy or publicity rights
  5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party
  6. you do not have a right to make available under law or contractual or fiduciary relationships
  7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available
  8. bears any false, disguised or misleading origin
  9. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

Failure to adhere to these rules may result in removal of access to social features or account suspension. All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via Kingdoms of Heckfire. A Thinking Ape reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in Kingdoms of Heckfire and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF KINGDOMS OF HECKFIRE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE KINGDOMS OF HECKFIRE AND THE SERVICES PROVIDED THEREBY.

Prohibited Activities

You may not use Kingdoms of Heckfire to do any of the following list of activities. Failure to adhere to these rules may result in removal of access to social features or account suspension.

  1. harass or advocate harassment of another person or entity
  2. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law
  3. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act
  4. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity
  5. transmit unsolicited mass mailings or spam
  6. collect, store, or share any information about yourself or other users or members, other than in the normal course of using Kingdoms of Heckfire for their intended purpose of facilitating voluntary communication among users
  7. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item
  8. advertise any third-party services or content

You may not do any of the following to Kingdoms of Heckfire:

  1. use Kingdoms of Heckfire in any manner that could damage, disable, overburden, disrupt or impair Kingdoms of Heckfire or any A Thinking Ape server, or the network(s) connected to any A Thinking Ape server, or interfere with any other party's use and enjoyment of Kingdoms of Heckfire
  2. disobey any applicable policies or regulations of networks connected to Kingdoms of Heckfire
  3. modify, adapt, translate or reverse engineer Kingdoms of Heckfire
  4. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Kingdoms of Heckfire
  5. use any robot, spider, site search/retrieval application, or other device to play Kingdoms of Heckfire
  6. frame Kingdoms of Heckfire or reformat them in any way
  7. create and/or use accounts through automated means or under false pretenses. This includes (but is not limited to) the creation of accounts with the intent of disrupting the gameplay experience of others, abusing and/or manipulating game elements, or engaging in activities that violate the Terms of Use.
  8. create an excessive number of accounts beyond that which are realistically playable
  9. create accounts by providing false information, or using devices that you do not own
  10. use accounts that do not belong to you

CODE OF CONDUCT

You agree to comply with the following requirements (our "Code of Conduct") when you access A Thinking Ape Services:

Failure to comply with this Code of Conduct may result in the suspension of your ATA Account, or any portion of your ATA Account, and/or subject you to any of the penalties identified in Section 11 herein.

VIRTUAL CURRENCY

All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Site Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Site Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.

A Thinking Ape Entertainment Ltd has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and A Thinking Ape Entertainment Ltd shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when A Thinking Ape Entertainment Ltd discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.

A Thinking Ape Entertainment Ltd reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. A Thinking Ape Entertainment Ltd further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Site Items. While A Thinking Ape Entertainment Ltd strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that A Thinking Ape Entertainment Ltd’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to A Thinking Ape Entertainment Ltd that such calculation was or is intentionally incorrect.

Virtual Currency Transfers/Transactions. Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Site Items, or Accounts ("Unauthorized Transactions") to anyone, including among other users of the Websites or Services is not sanctioned by A Thinking Ape Entertainment Ltd and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify A Thinking Ape Entertainment Ltd against any and all consequences resulting from such actions. You acknowledge that A Thinking Ape Entertainment Ltd may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Terms, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Websites or Services. You further agree that A Thinking Ape Entertainment Ltd may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. A Thinking Ape Entertainment Ltd may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction. Verification of certain information applicable to a transaction involving Virtual Currency and/or Site Items may be required prior to A Thinking Ape Entertainment Ltd’s acceptance thereof. In addition, as a condition to receiving certain Virtual Currency, Site Items, or other awards for participating in Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in A Thinking Ape Entertainment Ltd’s marketing materials, including on the Websites and in the Services. You acknowledge and agree that A Thinking Ape Entertainment Ltd shall have no liability for the use or loss of such information, Virtual Currency and/or Site Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity. A Thinking Ape Entertainment Ltd may replace such lost Virtual Currency and/or Site Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability. You may be required to provide A Thinking Ape Entertainment Ltd or its designated agent with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Site Items. You may also have the option of participating in third party offers to receive Virtual Currency. A Thinking Ape Entertainment Ltd is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions on the Websites, on or through Third Party Platforms, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. A Thinking Ape Entertainment Ltd expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor and/or store. You acknowledge and agree: (a) that any credit card transaction-related information will be treated by A Thinking Ape Entertainment Ltd as applicable, in the privacy policy of the third-party payment processor(s) or stores used by A Thinking Ape Entertainment Ltd on or through the Websites or Third Party Platforms, (b) that all credit card and other payment related information that you provide to A Thinking Ape Entertainment Ltd, its designated payment processor or store, or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all federal, state and local taxes relating to or arising from your purchase.

PURCHASES AND REFUNDS

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in ATA games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.

A Thinking Ape Entertainment Ltd may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. ATA shall have no liability to you or any third party in the event that A Thinking Ape Entertainment Ltd exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to A Thinking Ape Entertainment Ltd, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in A Thinking Ape Entertainment Ltd games is a service provided by A Thinking Ape Entertainment Ltd that commences immediately upon acceptance by A Thinking Ape Entertainment Ltd of your purchase.

OWNERSHIP

Services may allow you to “earn” In-Service Content. You may also use real money to purchase a license to use certain In-Service Content. Purchased In-Service Content is subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS) from which you make your purchase. ATA does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Service Content, you agree that we may begin to supply you with your purchased In-Service Content immediately.

Unless otherwise specified, you agree that you have no ownership interest in your ATA Account or any In-Service Content associated with your account, regardless of whether you “earned” or “purchased” such In-Service Content. You agree that In-Service Content, including “Gold,” “Jewels,” and any other virtual currencies within ATA Services are for personal non-commercial entertainment purposes, have no independent value outside of ATA Services, may not be redeemed for any cash value, and is simply a measurement of your limited license.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF A THINKING APE. A Thinking Ape does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.

YOUR INTERACTION WITH OTHERS

You are solely responsible for your interactions with other users with whom you interact through ATA Services you access. ATA reserves the right, but has no obligation, to become involved in any way with any disputes concerning ATA Services. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting ATA access to any portion of your account.

If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release ATA (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you live in California, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."

If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.

NO RESPONSIBILIY FOR THIRD PARTY CONTENT

You understand that Kingdoms of Heckfire acts only as a forum and technical interface between users and that A Thinking Ape does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to A Thinking Ape. A Thinking Ape cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you find offensive to you, and that you use Kingdoms of Heckfire at your own risk.

THIRD PARTY WEB SITES AND CONTENT

Kingdoms of Heckfire may contain links to third-party sites that are not under the control of A Thinking Ape, and A Thinking Ape is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that A Thinking Ape endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through Kingdoms of Heckfire, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A Thinking Ape is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on Kingdoms of Heckfire. 

In addition, links to advertising that has not been approved by A Thinking Ape may be embedded in third party content displayed on Kingdoms of Heckfire. A Thinking Ape is not responsible for any content, cookies, or other technology used in connection with such advertising.

SHARING/DISCLOSING INFORMATION WITH THIRD PARTIES

When And How We May Share/Disclose Your Information With Third Parties

We will only share your information (including personal information) with the following third parties or under the following circumstances or as otherwise described in this policy:

  1. Safety, Security, Cooperation With Law Enforcement, & Compliance With Legal Obligations We may disclose your information to third parties, including your personal information, if we, in our sole discretion, have a good faith belief that disclosure is: (1) permitted or required by law; (2) requested in connection with or relevant to a judicial, governmental or legal inquiry, investigation, order, or proceeding; (3) required or reasonably necessary pursuant to a valid subpoena, warrant or other legally valid inquiry or request; (4) reasonably necessary to enforce our Terms of Service, this Policy, or any other legal agreements; (5) required to detect, prevent, or otherwise address fraud, abuse, misuse, potential violations of law (or rule/regulation), and/or security or technical issues; or (6) required or reasonably necessary to protect against imminent harm to the rights, property or safety of A Thinking Ape Entertainment Ltd, our users, employees, any minors, members of the public and/or our Websites and Services. We may also disclose information about you to our auditors or legal advisors in conjunction with accessing our disclosure obligations and/or rights under this Policy.
  2. Third Party Service Providers, Contractors or Agents We may share your information with third party companies that perform services on our behalf, including payment processing, order fulfillment, data analysis, marketing services, e-mail campaigns, hosting services, and customer service. While providing the services for us, these companies may access your personal information, and are required to use it solely as directed by us for the purpose of our requested service.
  3. Business Transfers, Sales or Mergers or Divestitures.In the event that A Thinking Ape Entertainment Ltd undergoes a business transition, such as a merger, acquisition, corporate divestiture or dissolution (including bankruptcy), or a sale of all or a portion of its assets, including in connection with the sale or other transfer of a game, we may share, disclose or transfer all of your information, including personal information, to the successor organization in such transition.
  4. Promotions We may share your information in connection with any Promotion you enter on or through the Websites, as necessary to administer, market, sponsor, or fulfill the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate) or in accordance with the applicable Official Rules of the Promotion/Sweepstakes you enter.
  5. With Your Permission. Additionally, if you opt-in or otherwise agree to have your information shared with a third party for marketing purposes, we will share your information with the third party (or third parties) in which case the third party’s use of your information is subject to the third party’s own privacy policy.
  6. Social Media Features Our Web site includes Social Media Features, such as the Facebook Like button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.
  7. Offer Walls ATA games or their purchase pages may display an “offer wall” that may be hosted by a third party offer wall provider. The offer wall allows third party advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. These offers are not controlled by or made by ATA. These offers may be displayed to you based on certain technical information, such as your geographic area or anonymous demographic information. After clicking on one of these advertisements, you will no longer be on a site hosted by ATA or a partnering Third Party Platform. To properly credit user accounts and to prevent fraud, a unique identifier will be shared with the offer wall provider. This identifier is used to ensure proper crediting of your account, prevent fraud or duplicate offers and to resolve any customer service inquiries that may arise. Once you complete an offer, you may then be returned to a ATA Website or Service.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE OPERATIONS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON KINGDOMS OF HECKFIRE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND A THINKING APE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, A THINKING APE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall A Thinking Ape be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other torturous action, arising out of or in connection with the use of Kingdoms at War or information available from Kingdoms of Heckfirer.

A THINKING APE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by A Thinking Ape for any type of abuse, including without limitation a violation of these Terms of Use, Privacy Policy, or Rules of Conduct and will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms of Use, Privacy Policy, or Rules of Conduct.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within Kingdoms of Heckfire. Kingdoms of Heckfire may contain technical inaccuracies or typographical errors. A Thinking Ape assumes no responsibility for and disclaims all liability for and disclaims all liability for any such inaccuracies, errors, or omissions on Kingdoms of Heckfire.

A Thinking Ape may terminate or make changes to all or any portion of Kingdoms of Heckfire, product offerings, and any other information and materials on Kingdoms of Heckfire and may delete any content that has been submitted to Kingdoms of Heckfire at any time and without notice or liability.

INDEMNITY

You agree to indemnify, defend, and hold A Thinking Ape and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of Kingdoms of Heckfire, your connection to Kingdoms of Heckfire, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of Kingdoms of Heckfire. Any such indemnification shall include the payment of reasonable attorney's fees incurred in the defense of such claim.

GENERAL INFORMATION

The Terms of Use and any applicable guidelines posted on Kingdoms of Heckfire constitute the entire agreement between you and A Thinking Ape, govern your use of Kingdoms of Heckfire, and supersede any prior agreements between you and A Thinking Ape relating to your use of the Kingdoms of Heckfire (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional A Thinking Ape services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing Kingdoms of Heckfire you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of Kingdoms at War, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of San Francisco in the State of California, USA. The failure of A Thinking Ape to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Kingdoms of Heckfire, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.