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Terms of Use
The following are KLab Inc. and its related entities (collectively referred to as “KLab”, “we”, “us”, or “our”) terms and conditions of use (“Terms”):
Please read these Terms carefully because they govern your access to and use of the KLab Services (as defined below), KLab Content, and User Content (defined below) and are legally binding. KLab’s Privacy Policy is incorporated as a part of these Terms and, by installing, accessing or using the KLab Services you explicitly agree with the terms and conditions of KLab’s Privacy Policy and to any terms and conditions included therein by reference.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” BUTTON WHERE APPLICABLE, OR BY ACCESSING OR USING THE KLAB SERVICES OR BY DOWNLOADING, SENDING OR POSTING ANY CONTENT ON OR THROUGH THE KLAB SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE KLAB SERVICES OR KLAB CONTENT.
The “KLab Services” means (i) the websites, including any services, applications, games, features and content accessible or downloadable from the websites, and (ii) any other application, game, service, product, feature or content of KLab or its licensors licensed, downloaded, or otherwise assessed by you through any third party website, platform or source. KLab Services also include updates and upgrades as well as accompanying manuals and documentation, and all copies thereof.
Your access to or use of the KLab Services may have different service-specific terms and conditions (“Rules”) posted on our websites or third party websites or platforms (such as terms related to a specific mobile game), or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Rules, the applicable Rules will take precedence with respect to your use of, or access to, the KLab Services.
1. Eligibility and Registration
Unless otherwise provided for a specific KLab Service, in order to access the KLab Services, and to post any User Content on or through the KLab Services, you must register through the registration process established by KLab and obtain approval from us to access and use the KLab Services (“Approval”). Upon Approval, you will become an authorized user of the KLab Services (“User”) and may be issued or set a Service ID (“Service ID”) which is necessary to use the KLab Services, and if we determine appropriate, a password for the Service ID may also be issued or you will set it. The Service ID and password can be modified only by means of an authorized function of the applicable KLab Service, The Service ID may contain Personal Information (as defined in KLab’s Privacy Policy) and Non-Identifying Information (as defined in KLab’s Privacy Policy) as well as Virtual Items and Virtual Currency (as defined below).
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the KLab Services, you represent that your legal guardian has read, understood, and agreed to these Terms.
In registering for Approval and a Service ID, you agree to monitor and restrict any use of the KLab Services by minors. You accept full responsibility for any unauthorized use of the KLab Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
You may not register for Approval or a Service ID if you are below the age of 14. In registering for Approval and a Service ID, you agree to prevent access to anyone under 14. Since the KLab Services are not intended for children under the age of 14 (“children”), access to the KLab Services or issuance of a Service ID is not knowingly granted to children.
During the registration process, you will be required to provide certain information, including your email address. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. KLab reserves the right to suspend or terminate your Service ID if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
If you are issued a password, you are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your Service ID, and you agree to take sole responsibility for any activities or actions under your Service ID, whether or not you have authorized such activities or actions. You will immediately take appropriate measure (e.g., change of the password, or notify to KLab ) upon any unauthorized use of your Service ID and/or loss of your password. In the event of loss of your password, you agree that you will solely be responsible for any missing items related to the KLab Services, including but not limited to, Virtual Currency (as defined below).
A Service ID will be issued per a new use of the KLab Service. If you decide to use your Service ID for new usage environment, you will be required to complete KLab’s process for changing usage environment.
2. Modification
KLab reserves the right, at its sole discretion, to modify, discontinue or terminate all or any of the KLab Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms or our Privacy Policy, we will post these Terms or Privacy Policy as modified or otherwise provide you with notice of the modification. By continuing to access or use the KLab Services after we have posted a modification to these Terms or Privacy Policy or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms or Privacy Policy. If the modified Terms or Privacy Policy are not acceptable to you, your only recourse is to cease using the KLab Services.
3. Content
The following types of content will be made available to you through the KLab Services:
“KLab Content” means KLab’s and the KLab Services’ name, trademarks, logos, text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, or our licensors’ name, trademarks and logos, and other content made available by KLab on or through the KLab Services, but excluding User Content (as defined below).
“User Content” means text, data, graphics, images, photos, and any other content uploaded, transmitted or submitted by you on or through the KLab Services, whether made available to many unspecified persons or privately to specified persons.
4. Intellectual Property
The KLab Services and KLab Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, KLab and our licensors exclusively own all right, title and interest in and to the KLab Services and KLab Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”).
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the KLab Services or KLab Content.
5. User License
Subject to your compliance with these Terms, KLab hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to, in ordinary and reasonably foreseeable ways, access, view, download and print, where applicable, the KLab Content and KLab Services solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the KLab Services or KLab Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by KLab or its licensors, except for the licenses and rights expressly granted by these Terms.
6. User Content
By making available any User Content on or through the KLab Services, you hereby grant to KLab a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the KLab Services. KLab does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
If KLab deems it necessary in its sole discretion, KLab may inspect, modify, change, or remove, in whole or part, any User Content and may do so without any prior notice or explanation thereof.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the KLab Services. Accordingly, you represent and warrant that:
- You either are the sole and exclusive owner of all User Content that you make available on or through the KLab Services or you have all rights, licenses, consents and releases that are necessary to grant to KLab the rights in such User Content as contemplated under these Terms; and
- Neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or KLab’s use of the User Content (or any portion thereof) on, through or by means of the KLab Services will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7. No Infringing Use
You will not use the KLab Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
8. Virtual Items and Virtual Currency
KLab owns, has licensed, or otherwise has the rights to use all KLab Content and the KLab Services, including virtual items (“Virtual Items”) and virtual currency such as “gold” (“Virtual Currency”).
Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in the applicable KLab Services, and they have no “real world” value. By purchasing or receiving Virtual Items and Virtual Currency, all that you receive is a limited license to use them in the applicable KLab Services by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property, and no ownership interest or rights related thereto are transferred to you.
The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.
You cannot sell or transfer, or attempt to sell or transfer, Virtual Items, Virtual Currency, or any related rights thereto, except only that where allowed you can exchange, within the applicable KLab Services, those Virtual Items specified by KLab as tradable (“Tradable Items”) for any other User’s Tradable Items so long as no money or anything of monetary value is paid, exchanged or given for Tradable Items; any other purported or attempted exchange is strictly prohibited.
Virtual Items and Virtual Currency may never be redeemed by you for “real world” money, goods, wares, merchandise, services, or anything of monetary value from KLab or any other person.
You are solely responsible for any payments of Virtual Items and Virtual Currency made through a third-party digital media distribution service (“Third-Party Distributor”), and any claims, demands, or complaints made against a Third-Party Distributor shall be resolved between you and such Third-Party Distributor. KLab will not be liable for any claims, demands, or complaints you make against a Third-Party Distributor.
9. Orders and Payment
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the KLab Services, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms.
You may purchase, with “real world” money, limited licenses to use Virtual Items or Virtual Currency from KLab in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from KLab that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.
Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your Service ID.
You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order. You understand and agree that KLab provides no refunds for any purchases except only as expressly stated in these Terms.
10. Costs and Taxes
You are responsible and will pay all costs, expenses (including, but not limited to, the price of devices and communication charge), fees and applicable taxes incurred by you or anyone using the Service ID registered to you.
11. Mobile Operating Software Providers and Third-Party Publishers
Providers of operating software for mobile devices (“OS Providers”) offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download the KLab Services from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms (and the terms and conditions of any applicable third-party publisher), you must also comply with the terms and conditions of such virtual storefront or marketplace.
In addition to the above, the KLab Service may have a function which uses the third party’s service. If you use such function, you must also comply with the terms and conditions of such third party’s service.
12. Interactions between Users
You are solely responsible for your interactions (including any disputes) with other Users. Even if we choose to offer report user, block user, or similar features on the KLab Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using the KLab Services and disclosing personal information to other Users. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to contact or meet another User offline, or in person. Your use of the KLab Services, KLab Content, User Content and any other content made available through the KLab Services is at your sole risk and discretion and KLab hereby disclaims any and all liability to you or any third party relating thereto. KLab reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with KLab to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized KLab representatives access to any password-protected portions of Service ID.
13. General Prohibitions
You agree not to do any of the following while using the KLab Services or using the KLab Content or User Content:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
a) infringes, misappropriates or violates a third party's Intellectual Property Rights, rights of publicity or privacy, reputation or public standing, or any other properties;
b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
c) is fraudulent, false, misleading or deceptive;
d) is defamatory, obscene, pornographic, vulgar or offensive;
e) is political or religious;
f) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
g) is violent or threatening or promotes violence or actions that are threatening to any other person;
h) impersonates any employee, executive, or customer service support employee of KLab;
i) promotes illegal, harmful, or inappropriate activities or substances (including but not limited to activities that promote or provide instructional information regarding gambling, solicitation for sexual activities or dating, providing alcohol to minors, or the manufacture or purchase of illegal weapons, drugs, or substances); or
j) uses, in whole or part, any KLab reply to any inquiry or notice by User to KLab.
- Use, display, mirror, frame or utilize framing techniques to enclose the KLab Services, or any individual element or materials within the KLab Services, KLab Content, or KLab licensors’ trademarks, logos or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without KLab’s express written consent;
- Access, tamper with, or use non-public areas of the KLab Services, KLab’s computer systems, or the technical delivery systems of KLab’s providers;
- Attempt to probe, scan, or test the vulnerability of any KLab system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by KLab or any of KLab’s providers or any other third party (including another User) to protect the KLab Services or KLab Content;
- Attempt to access or search the KLab Services or KLab Content, or download the KLab Services or KLab Content in the KLab Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by KLab or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing KLab Content or KLab licensor’s trademark, logo URL or product name without KLab’s express written consent;
- Use the KLab Services or KLab Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way the KLab Services or KLab Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the KLab Services or KLab Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the KLab Services;
- Collect, store, or disclose any Personal Information of other Users from the KLab Services, or from other Users, without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law, regulation or guidelines issued by any government agency;
- Post User Content or take any action that infringes or violates the rights of another User;
- Bully, harass or intimidate any User, or cause any User to experience inconvenience or other difficulties;
- Solicit User passwords from another User or collect User Content or otherwise access the KLab Services by automated means including but not limited to, bots, robots, spiders;
- Create a Service ID for anyone other than yourself, or create two or more Service IDs on one device;
- Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Users, or modify or interfere with the KLab Services;
- Abuse or exploit a bug, glitch or mechanism in the KLab Services;
- Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation;
- Provides, states or reports any false or untrue fact upon any contact, inquiry, notice, or consultation to or with KLab, whether or not made through or related to KLab Services;
- Cooperate with or participate in any anti-social forces or organized criminal organizations or groups of any kind or solicit or encourage any other User to do so; or
- Encourage or enable any other individual to do any of the foregoing.
KLab will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and KLab Services security issues, to the fullest extent of the law. KLab may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that KLab has no obligation to monitor or record your access to or use of the KLab Services or KLab Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating the KLab Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. KLab reserves the right, at any time and without prior notice, to remove or disable access to any User Content that KLab, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the KLab Services.
We encourage Users to report any suspected misconduct or misuse of the KLab Services by sending us an email to email address designated by KLab for a specific KLab Service.
14. Sweepstakes and Contests
KLab may permit the offer of sweepstakes, contests and similar promotions (collectively, “Promotions”) through the KLab Services. You should carefully review the rules of each Promotion in which you participate through the KLab Services, as they may contain additional important information about KLab’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.
15. Transfer of user data
In the event you intend to transfer any of your data concerning your use of any KLab Services (including, but not limited to, User Content, Virtual Items and Virtual Currency, collectively, “User Data”) to another mobile devices or to a reinstalled version of any KLab Services, you shall comply with the procedures specified by KLab.
Upon User Data transfers, available platform transferred to and transferred User Data (e.g., Virtual Currency and Virtual Items) maybe limited.
16. Termination of Service ID
Without limiting other remedies, KLab may at any time suspend or terminate your Service ID and refuse to provide you access to all or any of the KLab Services if KLab suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or Rules established by KLab; (ii) engaged in actions relating to or in the course of accessing or using the KLab Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, KLab or any other third parties or any KLab Services; or (iii) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, KLab may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.
You may terminate your Service ID at any time and for any reason by sending an email to email address designated by KLab for a specific KLab Service.
17. Effects of Termination, Suspension of Service ID
Upon termination of your Service ID for any reason by you or us, you will lose all access to such ID. Terminated Service IDs cannot be reinstated; any Service ID that may be registered by you after termination of a Service ID is a new and unique ID.
If your Service ID is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your Service ID at the time of termination will be lost and no longer be available to you, and you will have no right to them.
If your Service ID is terminated for any reason by you or us, you understand and agree that KLab may redeem and use the Virtual Currency in the Service ID at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.
In addition, if your Service ID is not used to use the KLab Services for a period of three (3) or more years (“Inactive Service ID”), you understand and agree that (i) KLab may redeem and use the Virtual Currency in the Inactive Service ID at such time for any purpose that it may choose, and that on the account becoming an Inactive Service ID you will have no right to that Virtual Currency; and (ii) any Virtual Items to which you had access via the Inactive Service ID up to the ID becoming an Inactive Service ID will be lost and no longer be available to you, and you will have no right to them.
YOU AGREE THAT KLAB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE SERVICE ID OR THAT WAS IN A TERMINATED SERVICE ID, NO MATTER HOW EITHER CAME ABOUT.
After any termination, you understand and acknowledge that we will have no further obligation to provide the KLab Services and all licenses and other rights granted to you by these Terms will immediately cease. KLab will not be liable to you or any third party for termination of the Service ID or termination of your use of the KLab Services. UPON ANY TERMINATION OR SUSPENSION OF YOUR SERVICE ID, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE KLAB SERVICES OR THAT WHICH IS RELATED TO YOUR SERVICE ID MAY NO LONGER BE ACCESSED BY YOU. Furthermore, KLab will have no obligation to maintain any information stored in our database related to your Service ID or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to KLab under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
18. Disclaimers
THE KLAB SERVICES, KLAB CONTENT, AND USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KLAB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
KLAB MAKES NO WARRANTY THAT THE KLAB SERVICES, KLAB CONTENT, USER CONTENT, OR USER DATA WILL (I) MEET YOUR REQUIREMENTS (II) NOT BE DELETED, ERASED OR LOST, OR (III) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KLAB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE KLAB SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE KLAB SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KLAB OR THROUGH THE KLAB SERVICES, KLAB CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. Indemnity
You agree to defend, indemnify, and hold KLab, 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 User Content you submit to KLab, your access to and use of the KLab Services or KLab Content, or your violation of these Terms.
20. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE KLAB SERVICES, KLAB CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER KLAB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE KLAB SERVICES OR KLAB 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 OR 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 THE KLAB SERVICES OR KLAB CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KLAB 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 KLAB 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.
IN NO EVENT WILL KLAB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE KLAB SERVICES OR KLAB CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED SINGAPORE DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KLAB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. Trademarks & Other Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of KLab or our licensors used in association with the KLab Services are trademarks or registered trademarks of KLab or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
22. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Japan without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the Tokyo district court in Japan, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
23. Entire Agreement
These Terms (including KLab’s Privacy Policy) constitute the entire and exclusive understanding and agreement between KLab and you regarding the KLab Services and KLab Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between KLab and you regarding the KLab Services and KLab Content.
24. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without KLab’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. KLab 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.
25. Notices
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 the KLab 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 KLab via email (in each case to the address that you provide) or (y) by posting on or through the KLab Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
26. General
The failure of KLab 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 KLab. 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 KLab (“Affiliate Publisher”); (ii) your obligations to KLab 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.
27. Language
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only and the English version shall govern to the extent of any inconsistency.
28. Contacting Us
If you have any questions about these Terms, please contact KLab to email address designated by KLab for a specific KLab Service.
The following are KLab Inc. and its related entities (collectively referred to as “KLab”, “we”, “us”, or “our”) terms and conditions of use (“Terms”):
Please read these Terms carefully because they govern your access to and use of the KLab Services (as defined below), KLab Content, and User Content (defined below) and are legally binding. KLab’s Privacy Policy is incorporated as a part of these Terms and, by installing, accessing or using the KLab Services you explicitly agree with the terms and conditions of KLab’s Privacy Policy and to any terms and conditions included therein by reference.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” BUTTON WHERE APPLICABLE, OR BY ACCESSING OR USING THE KLAB SERVICES OR BY DOWNLOADING, SENDING OR POSTING ANY CONTENT ON OR THROUGH THE KLAB SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE KLAB SERVICES OR KLAB CONTENT.
The “KLab Services” means (i) the websites, including any services, applications, games, features and content accessible or downloadable from the websites, and (ii) any other application, game, service, product, feature or content of KLab or its licensors licensed, downloaded, or otherwise assessed by you through any third party website, platform or source. KLab Services also include updates and upgrades as well as accompanying manuals and documentation, and all copies thereof.
Your access to or use of the KLab Services may have different service-specific terms and conditions (“Rules”) posted on our websites or third party websites or platforms (such as terms related to a specific mobile game), or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Rules, the applicable Rules will take precedence with respect to your use of, or access to, the KLab Services.
1. Eligibility and Registration
Unless otherwise provided for a specific KLab Service, in order to access the KLab Services, and to post any User Content on or through the KLab Services, you must register through the registration process established by KLab and obtain approval from us to access and use the KLab Services (“Approval”). Upon Approval, you will become an authorized user of the KLab Services (“User”) and may be issued or set a Service ID (“Service ID”) which is necessary to use the KLab Services, and if we determine appropriate, a password for the Service ID may also be issued or you will set it. The Service ID and password can be modified only by means of an authorized function of the applicable KLab Service, The Service ID may contain Personal Information (as defined in KLab’s Privacy Policy) and Non-Identifying Information (as defined in KLab’s Privacy Policy) as well as Virtual Items and Virtual Currency (as defined below).
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the KLab Services, you represent that your legal guardian has read, understood, and agreed to these Terms.
In registering for Approval and a Service ID, you agree to monitor and restrict any use of the KLab Services by minors. You accept full responsibility for any unauthorized use of the KLab Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
You may not register for Approval or a Service ID if you are below the age of 14. In registering for Approval and a Service ID, you agree to prevent access to anyone under 14. Since the KLab Services are not intended for children under the age of 14 (“children”), access to the KLab Services or issuance of a Service ID is not knowingly granted to children.
During the registration process, you will be required to provide certain information, including your email address. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. KLab reserves the right to suspend or terminate your Service ID if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
If you are issued a password, you are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your Service ID, and you agree to take sole responsibility for any activities or actions under your Service ID, whether or not you have authorized such activities or actions. You will immediately take appropriate measure (e.g., change of the password, or notify to KLab ) upon any unauthorized use of your Service ID and/or loss of your password. In the event of loss of your password, you agree that you will solely be responsible for any missing items related to the KLab Services, including but not limited to, Virtual Currency (as defined below).
A Service ID will be issued per a new use of the KLab Service. If you decide to use your Service ID for new usage environment, you will be required to complete KLab’s process for changing usage environment.
2. Modification
KLab reserves the right, at its sole discretion, to modify, discontinue or terminate all or any of the KLab Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms or our Privacy Policy, we will post these Terms or Privacy Policy as modified or otherwise provide you with notice of the modification. By continuing to access or use the KLab Services after we have posted a modification to these Terms or Privacy Policy or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms or Privacy Policy. If the modified Terms or Privacy Policy are not acceptable to you, your only recourse is to cease using the KLab Services.
3. Content
The following types of content will be made available to you through the KLab Services:
“KLab Content” means KLab’s and the KLab Services’ name, trademarks, logos, text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, or our licensors’ name, trademarks and logos, and other content made available by KLab on or through the KLab Services, but excluding User Content (as defined below).
“User Content” means text, data, graphics, images, photos, and any other content uploaded, transmitted or submitted by you on or through the KLab Services, whether made available to many unspecified persons or privately to specified persons.
4. Intellectual Property
The KLab Services and KLab Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, KLab and our licensors exclusively own all right, title and interest in and to the KLab Services and KLab Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”).
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the KLab Services or KLab Content.
5. User License
Subject to your compliance with these Terms, KLab hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to, in ordinary and reasonably foreseeable ways, access, view, download and print, where applicable, the KLab Content and KLab Services solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the KLab Services or KLab Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by KLab or its licensors, except for the licenses and rights expressly granted by these Terms.
6. User Content
By making available any User Content on or through the KLab Services, you hereby grant to KLab a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the KLab Services. KLab does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
If KLab deems it necessary in its sole discretion, KLab may inspect, modify, change, or remove, in whole or part, any User Content and may do so without any prior notice or explanation thereof.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the KLab Services. Accordingly, you represent and warrant that:
- You either are the sole and exclusive owner of all User Content that you make available on or through the KLab Services or you have all rights, licenses, consents and releases that are necessary to grant to KLab the rights in such User Content as contemplated under these Terms; and
- Neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or KLab’s use of the User Content (or any portion thereof) on, through or by means of the KLab Services will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7. No Infringing Use
You will not use the KLab Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
8. Virtual Items and Virtual Currency
KLab owns, has licensed, or otherwise has the rights to use all KLab Content and the KLab Services, including virtual items (“Virtual Items”) and virtual currency such as “gold” (“Virtual Currency”).
Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in the applicable KLab Services, and they have no “real world” value. By purchasing or receiving Virtual Items and Virtual Currency, all that you receive is a limited license to use them in the applicable KLab Services by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property, and no ownership interest or rights related thereto are transferred to you.
The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.
You cannot sell or transfer, or attempt to sell or transfer, Virtual Items, Virtual Currency, or any related rights thereto, except only that where allowed you can exchange, within the applicable KLab Services, those Virtual Items specified by KLab as tradable (“Tradable Items”) for any other User’s Tradable Items so long as no money or anything of monetary value is paid, exchanged or given for Tradable Items; any other purported or attempted exchange is strictly prohibited.
Virtual Items and Virtual Currency may never be redeemed by you for “real world” money, goods, wares, merchandise, services, or anything of monetary value from KLab or any other person.
You are solely responsible for any payments of Virtual Items and Virtual Currency made through a third-party digital media distribution service (“Third-Party Distributor”), and any claims, demands, or complaints made against a Third-Party Distributor shall be resolved between you and such Third-Party Distributor. KLab will not be liable for any claims, demands, or complaints you make against a Third-Party Distributor.
9. Orders and Payment
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the KLab Services, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms.
You may purchase, with “real world” money, limited licenses to use Virtual Items or Virtual Currency from KLab in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from KLab that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.
Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your Service ID.
You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order. You understand and agree that KLab provides no refunds for any purchases except only as expressly stated in these Terms.
10. Costs and Taxes
You are responsible and will pay all costs, expenses (including, but not limited to, the price of devices and communication charge), fees and applicable taxes incurred by you or anyone using the Service ID registered to you.
11. Mobile Operating Software Providers and Third-Party Publishers
Providers of operating software for mobile devices (“OS Providers”) offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download the KLab Services from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms (and the terms and conditions of any applicable third-party publisher), you must also comply with the terms and conditions of such virtual storefront or marketplace.
In addition to the above, the KLab Service may have a function which uses the third party’s service. If you use such function, you must also comply with the terms and conditions of such third party’s service.
12. Interactions between Users
You are solely responsible for your interactions (including any disputes) with other Users. Even if we choose to offer report user, block user, or similar features on the KLab Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using the KLab Services and disclosing personal information to other Users. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to contact or meet another User offline, or in person. Your use of the KLab Services, KLab Content, User Content and any other content made available through the KLab Services is at your sole risk and discretion and KLab hereby disclaims any and all liability to you or any third party relating thereto. KLab reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with KLab to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized KLab representatives access to any password-protected portions of Service ID.
13. General Prohibitions
You agree not to do any of the following while using the KLab Services or using the KLab Content or User Content:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
a) infringes, misappropriates or violates a third party's Intellectual Property Rights, rights of publicity or privacy, reputation or public standing, or any other properties;
b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
c) is fraudulent, false, misleading or deceptive;
d) is defamatory, obscene, pornographic, vulgar or offensive;
e) is political or religious;
f) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
g) is violent or threatening or promotes violence or actions that are threatening to any other person;
h) impersonates any employee, executive, or customer service support employee of KLab;
i) promotes illegal, harmful, or inappropriate activities or substances (including but not limited to activities that promote or provide instructional information regarding gambling, solicitation for sexual activities or dating, providing alcohol to minors, or the manufacture or purchase of illegal weapons, drugs, or substances); or
j) uses, in whole or part, any KLab reply to any inquiry or notice by User to KLab.
- Use, display, mirror, frame or utilize framing techniques to enclose the KLab Services, or any individual element or materials within the KLab Services, KLab Content, or KLab licensors’ trademarks, logos or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without KLab’s express written consent;
- Access, tamper with, or use non-public areas of the KLab Services, KLab’s computer systems, or the technical delivery systems of KLab’s providers;
- Attempt to probe, scan, or test the vulnerability of any KLab system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by KLab or any of KLab’s providers or any other third party (including another User) to protect the KLab Services or KLab Content;
- Attempt to access or search the KLab Services or KLab Content, or download the KLab Services or KLab Content in the KLab Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by KLab or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing KLab Content or KLab licensor’s trademark, logo URL or product name without KLab’s express written consent;
- Use the KLab Services or KLab Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way the KLab Services or KLab Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the KLab Services or KLab Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the KLab Services;
- Collect, store, or disclose any Personal Information of other Users from the KLab Services, or from other Users, without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law, regulation or guidelines issued by any government agency;
- Post User Content or take any action that infringes or violates the rights of another User;
- Bully, harass or intimidate any User, or cause any User to experience inconvenience or other difficulties;
- Solicit User passwords from another User or collect User Content or otherwise access the KLab Services by automated means including but not limited to, bots, robots, spiders;
- Create a Service ID for anyone other than yourself, or create two or more Service IDs on one device;
- Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Users, or modify or interfere with the KLab Services;
- Abuse or exploit a bug, glitch or mechanism in the KLab Services;
- Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation;
- Provides, states or reports any false or untrue fact upon any contact, inquiry, notice, or consultation to or with KLab, whether or not made through or related to KLab Services;
- Cooperate with or participate in any anti-social forces or organized criminal organizations or groups of any kind or solicit or encourage any other User to do so; or
- Encourage or enable any other individual to do any of the foregoing.
KLab will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and KLab Services security issues, to the fullest extent of the law. KLab may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that KLab has no obligation to monitor or record your access to or use of the KLab Services or KLab Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating the KLab Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. KLab reserves the right, at any time and without prior notice, to remove or disable access to any User Content that KLab, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the KLab Services.
We encourage Users to report any suspected misconduct or misuse of the KLab Services by sending us an email to email address designated by KLab for a specific KLab Service.
14. Sweepstakes and Contests
KLab may permit the offer of sweepstakes, contests and similar promotions (collectively, “Promotions”) through the KLab Services. You should carefully review the rules of each Promotion in which you participate through the KLab Services, as they may contain additional important information about KLab’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.
15. Transfer of user data
In the event you intend to transfer any of your data concerning your use of any KLab Services (including, but not limited to, User Content, Virtual Items and Virtual Currency, collectively, “User Data”) to another mobile devices or to a reinstalled version of any KLab Services, you shall comply with the procedures specified by KLab.
Upon User Data transfers, available platform transferred to and transferred User Data (e.g., Virtual Currency and Virtual Items) maybe limited.
16. Termination of Service ID
Without limiting other remedies, KLab may at any time suspend or terminate your Service ID and refuse to provide you access to all or any of the KLab Services if KLab suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or Rules established by KLab; (ii) engaged in actions relating to or in the course of accessing or using the KLab Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, KLab or any other third parties or any KLab Services; or (iii) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, KLab may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.
You may terminate your Service ID at any time and for any reason by sending an email to email address designated by KLab for a specific KLab Service.
17. Effects of Termination, Suspension of Service ID
Upon termination of your Service ID for any reason by you or us, you will lose all access to such ID. Terminated Service IDs cannot be reinstated; any Service ID that may be registered by you after termination of a Service ID is a new and unique ID.
If your Service ID is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your Service ID at the time of termination will be lost and no longer be available to you, and you will have no right to them.
If your Service ID is terminated for any reason by you or us, you understand and agree that KLab may redeem and use the Virtual Currency in the Service ID at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.
In addition, if your Service ID is not used to use the KLab Services for a period of three (3) or more years (“Inactive Service ID”), you understand and agree that (i) KLab may redeem and use the Virtual Currency in the Inactive Service ID at such time for any purpose that it may choose, and that on the account becoming an Inactive Service ID you will have no right to that Virtual Currency; and (ii) any Virtual Items to which you had access via the Inactive Service ID up to the ID becoming an Inactive Service ID will be lost and no longer be available to you, and you will have no right to them.
YOU AGREE THAT KLAB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE SERVICE ID OR THAT WAS IN A TERMINATED SERVICE ID, NO MATTER HOW EITHER CAME ABOUT.
After any termination, you understand and acknowledge that we will have no further obligation to provide the KLab Services and all licenses and other rights granted to you by these Terms will immediately cease. KLab will not be liable to you or any third party for termination of the Service ID or termination of your use of the KLab Services. UPON ANY TERMINATION OR SUSPENSION OF YOUR SERVICE ID, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE KLAB SERVICES OR THAT WHICH IS RELATED TO YOUR SERVICE ID MAY NO LONGER BE ACCESSED BY YOU. Furthermore, KLab will have no obligation to maintain any information stored in our database related to your Service ID or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to KLab under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
18. Disclaimers
THE KLAB SERVICES, KLAB CONTENT, AND USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KLAB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
KLAB MAKES NO WARRANTY THAT THE KLAB SERVICES, KLAB CONTENT, USER CONTENT, OR USER DATA WILL (I) MEET YOUR REQUIREMENTS (II) NOT BE DELETED, ERASED OR LOST, OR (III) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KLAB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE KLAB SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE KLAB SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KLAB OR THROUGH THE KLAB SERVICES, KLAB CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. Indemnity
You agree to defend, indemnify, and hold KLab, 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 User Content you submit to KLab, your access to and use of the KLab Services or KLab Content, or your violation of these Terms.
20. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE KLAB SERVICES, KLAB CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER KLAB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE KLAB SERVICES OR KLAB 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 OR 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 THE KLAB SERVICES OR KLAB CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KLAB 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 KLAB 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.
IN NO EVENT WILL KLAB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE KLAB SERVICES OR KLAB CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED SINGAPORE DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KLAB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. Trademarks & Other Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of KLab or our licensors used in association with the KLab Services are trademarks or registered trademarks of KLab or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
22. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Japan without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the Tokyo district court in Japan, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
23. Entire Agreement
These Terms (including KLab’s Privacy Policy) constitute the entire and exclusive understanding and agreement between KLab and you regarding the KLab Services and KLab Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between KLab and you regarding the KLab Services and KLab Content.
24. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without KLab’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. KLab 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.
25. Notices
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 the KLab 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 KLab via email (in each case to the address that you provide) or (y) by posting on or through the KLab Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
26. General
The failure of KLab 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 KLab. 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 KLab (“Affiliate Publisher”); (ii) your obligations to KLab 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.
27. Language
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only and the English version shall govern to the extent of any inconsistency.
28. Contacting Us
If you have any questions about these Terms, please contact KLab to email address designated by KLab for a specific KLab Service.