TERMS OF USE

Effective: 11-7-2017

The following terms of use and disclaimer (the "Terms of Use", and, together with the Company's Privacy Policy, collectively, the "Agreement") is a legal agreement between you ("you," the "user" or one of the "users") and Kainoco, Inc. (together with its affiliates, the "Company") providing, among other things, the terms and conditions for your access to and use of Ya Tu Sabes (the "App" and/or the "Game") available at the Apple Itunes Store.

1   Terms of Use; Acceptance; Modifications

  • 1.1 PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE App. BY ACCESSING OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE APP.

  • 1.2 These Terms of Use expressly incorporate the Company's Privacy Policy (accessible at https://www.yatusabesgame.com/legal-privacy) as may be modified from time to time by the Company.

  • 1.3 The Company reserves the right to change, add, or delete portions of these Terms of Use at any time. If we do so, we will provide you with notice by posting a notice of the change on the App, by sending you an email, or by any other means we reasonably deem appropriate. Any such changes will become effective immediately upon posting to the App, and the continued use of the App by you after any changes have been made shall constitute your acceptance of such changes. Changes to these Terms of Use will also be indicated by an updated effective date posted on the applicable portion of the App. You will be deemed to have accepted these Terms of Use as amended if you continue to use the App after any amendments are posted on the App.

2   Eligibility

The App is intended solely for users who are 13 years of age or older who reside in the United States. If you are not located in the United States, or if you are under the age of 13, you are not permitted to use the App. If you are between the age of 13 and 18 years old, your legal guardian has reviewed and agrees to these terms and is granting you permission to use this App. Any registration by, use of, or access to the App by anyone located outside of the United States, or anyone under the age of 13, is unauthorized, unlicensed and in violation of this Agreement.

3   Use of App

  • 3.1 All content, design, text, graphics, photographs, interfaces, the selection and arrangements thereof, and any other material on the App (the "Materials") are protected by United States and international copyright law and other intellectual property laws and are owned by the Company or its licensors.

  • 3.2 The Company grants you a limited, revocable, non-exclusive right and license to access and to use the App and the Materials for personal, noncommercial purposes for the sole purpose of using the App in accordance with the terms and conditions of this Agreement. This license does not include and strictly prohibits the following: any resale of this App or its contents; any collection and use of any product or service listings, descriptions, prices, or other Materials other than as expressly authorized herein; any derivative use of the App or any Materials; or any use of data mining, robots, or similar data gathering and extraction tools. Except as stated in these Terms of Use, no Materials on this App may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified in any way without the prior written permission of the Company. You must retain all copyright and other proprietary notices on all copies of the Materials. You agree to comply with all copyright laws worldwide in your use of the App and prevent unauthorized copying of the Materials.

4   Trademarks

All trademarks, service marks, trade names, and logos (collectively, the "Marks") are registered and unregistered trademarks of the Company or its licensors. Nothing on this App should be construed as granting any license or right to use any Mark displayed on this App, except as required to engage in the permitted uses expressly stated in the Terms of Use. You may not otherwise use any Marks without the prior written permission of the Company.

5   Ownership of User Content

Any material, information, idea, or other communication you transmit to or post on this App or to the Company by any means ("User Content") will be treated as non-confidential and non-proprietary and may be disseminated or used by the Company for any purpose whatsoever. User Content will in no event include any Personal Information covered by our Privacy Policy. The Company will have no obligations with respect to any User Content. The Company will be free to copy, disclose, distribute, incorporate, or otherwise use any User Content and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes.

6   No Responsibility for User Content

  • 6.1 The Company does not and cannot review all User Content on the App, and shall not be responsible for the content thereof. The Company reserves the right to block users or remove User Content or materials that it determines to be in violation of these Terms of Use.

  • 6.2 By making User Content available on or through the App, you represent, warrant, and agree that (i) you have the right to make such User Content available; (ii) the User Content will not violate or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity, attorney-client privilege, or other personal or proprietary rights; and (iii) the User Content will not violate any applicable law.

7   Copyright Policy The Company respects the intellectual property of others and asks that users of App do the same. In connection with our App, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our App who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our App, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • 7.1 a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;

  • 7.2 identification of the copyrighted work(s) that you claim to have been infringed;

  • 7.3 identification of the material on the App that you claim is infringing and that you request us to remove;

  • 7.4 sufficient information to permit us to locate such material;

  • 7.5 your address, telephone number, and e-mail address;

  • 7.6 a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  • 7.7 a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

The Designated Copyright Agent for the Company is:

Sanjay Kumar

8   Third Party Sites; Third Party Business Dealings

  • 8.1 Third Party Sites. The App may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "Third Party Sites"). These links are provided solely as a convenience to you, and do not constitute an endorsement or warranty by the Company of the content or accuracy of any Third Party Sites or of the business practices of such other businesses, entities or individuals. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any Third Party Site. If you visit any Third Party Site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should carefully review the privacy statements and other conditions of use on any Third Party Site that you visit. You should contact the site administrator or webmaster for those Third Party Sites if you have any concerns regarding such links or the content located on such Third Party Sites.

  • 8.2 Third Party Business Dealings. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the App, 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. The Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the App.

9   Prohibited Uses

  • 9.1 User Information You shall not harvest, collect or store information about users or use such information for any purpose inconsistent with the purpose of this App or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the App is prohibited.

  • 9.2 Intellectual You shall not use the App in any manner that would infringe, dilute, misappropriate, or otherwise violate any publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and rights derived from laws protecting patents, trademarks, trade secrets or other proprietary information. You further agree that you shall not (i) remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the App; (ii) disassemble, reverse engineer, decompile, decipher, modify or alter the App or any portion thereof; (iii) reproduce, copy, distribute, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the App, except as permitted in these Terms of Use; (iv) prepare or develop derivative works based upon any portion of the App; (v) commercially exploit any portion of the App or use the App for any commercial purpose in any manner and through any medium whatsoever, except as expressly permitted in these Terms of Use in accordance with the intended purpose of the App; or (vi) use automated scripts to collect information from, or to otherwise interact with, the App.

  • 9.3 Harmful Actions and Content You shall not: (i) engage in any conduct that restricts, inhibits, or otherwise interferes with the ability of any other person to use or enjoy the App, regardless of intent, purpose or knowledge; (ii) use manual or automated software, devices, scripts, robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the App; (iii) use the App to transmit or distribute material that may be harmful to or interfere with the App or any third party's networks, systems, services, or websites (such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment); (iv) access, via automated or manual means or processes, the App for purposes of monitoring its availability, performance or functionality or for any competitive purpose; (v) interfere with or disrupt the App, including but not limited to any servers or networks connected thereto; (vi) post or transmit to or from this App any unlawful, threatening, harassing, libelous, defamatory, offensive, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that might give rise to any civil or criminal liability, as determined by the Company in its sole and absolute discretion; (vii) engage in or promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (viii) post or transmit any commercial content to the App or use the App to solicit others to join or do business with or visit any other commercial online service or organization.

  • 9.4 Fraudulent or Misleading Content You shall not use the App to impersonate any person or entity, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing"). You shall not use the App to falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, nor shall you express or imply that any statements you make are endorsed by the Company.

10   App Access

The Company reserves the right to change, suspend, remove, or disable access to the App or any feature thereof, at any time without notice.

The Company will not be liable for any removal or disabling of access to any portion of the App, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or on the App or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the App, including without limitation any mobile client software.

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Service. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and use the Game.

There may be times when the Game or a part of the Game is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

11   Accounts

When using the Game you may choose to, and in some instances you may be required to create an account with the Company. If you do create an account with the Company, you agree that you shall take all steps necessary to protect your log in details and keep them secret.

You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.

The Company will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone (whether intentionally or unintentionally), you accept full responsibility for the consequences of this and agree to fully compensate the Company for any losses or harm that may result.

The Company will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account or using the App, and the Company accepts no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

The Company reserves the right to delete your account if no activity is conducted by you in relation to the account for 180 days or more. You understand if you delete your account, or if the Company deletes your account you may lose access to any data associated with your account.

YOU ACKNOWLEDGE AND AGREE THE YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF THE COMPANY'S SERVICES. THE COMPANY MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON WITH OR WITHOUT NOTICE TO YOU.

12   Disclaimer of Warranties and Limitation of Liability

  • 12.1 THE APP AND ALL MATERIALS, INFORMATION, PRODUCTS OR SERVICES INCLUDED ON THE APP OR OTHERWISE MADE AVAILABLE BY THE COMPANY ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. NONE OF THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APP, THE MATERIALS, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. THE COMPANY MAY MAKE ANY CHANGES TO THE APP, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES DESCRIBED ON THE APP AT ANY TIME WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THE APP OR ANY GOODS OR PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE APP OR YOUR USE OF THE APP GENERALLY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APP OR THE SERVICES. OPERATION OF THE APP MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY'S CONTROL. PRICE AND AVAILABILITY INFORMATION ARE SUBJECT TO CHANGE WITHOUT NOTICE.

  • 12.2 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE APP AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE APP.

  • 12.3 CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13   Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold the Company, its subsidiaries, affiliates, and other parties with which the Company is under contract or affiliated, and their respective officers, directors, employees, and agents, free and harmless from and against any claims, actions and demands, including, but not limited to, any attorneysÕ fees and accounting fees, arising out of, resulting from, or related to your use of the App, your violation of these Terms of Use or the Privacy Policy, your violation of any law or regulation, your violation of any proprietary or privacy right, or any and all content you submit to the Company whether through the App or otherwise.

14   Governing

  • 14.1 The App, these Terms of Use, and our Privacy Policy will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. The Company makes no representation that materials on this App are appropriate or available for use outside of the United States. Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

  • 14.2 You and the Company agree that any dispute arising out of or related to this Agreement, the App, your use of the App, and/or any goods or services purchased from the Company or otherwise through or in connection with the App will be exclusively resolved through binding arbitration pursuant to the then-current rules of ADR Services, Inc. ("ADR") before a single neutral arbitrator working under the auspices of ADR. The arbitration shall be held in Los Angeles, California. The arbitrator's award may be entered in any court of competent jurisdiction.

  • 14.3 THERE IS NO JUDGE OR JURY IN ARBITRATION. BY USING THE APP OR THE SERVICES OFFERED THROUGH THE APP, AND AGREEING TO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY. Further, court review of any arbitration award is limited.

  • 14.4 Notwithstanding any provision in these Terms of Use to the contrary, the prevailing party, as determined by the arbitrator, shall be entitled to recover his, her, or its reasonable attorneys' fees and costs and expenses incurred in connection with the Arbitration.

  • 14.5 YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IN NO EVENT MAY ANY SUCH ARBITRATION BE BROUGHT ON BEHALF OF A CLASS OR IN ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor the Company are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act.

15   General

If any provision of these Terms of Use or the Company's Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and the Company's Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by the Company, in its sole discretion, to a third party. You may not assign your obligations to any other person or entity.