Last Updated: May 25th, 2018
A Thinking Ape Entertainment Ltd. ("A Thinking Ape") owns and operates the online game Kingdoms of Heckfire (one of A Thinking Ape's "Services").
Kingdoms of Heckfire 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:
- is harmful, threatening, abusive, harassing, torturous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
- is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner
- is illegal
- is tortuous, defamatory, libelous or invasive of another's privacy or publicity rights
- infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party
- you do not have a right to make available under law or contractual or fiduciary relationships
- includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available
- bears any false, disguised or misleading origin
- 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.
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.
- harass or advocate harassment of another person or entity
- perform any activities that violate, intentionally or unintentionally, any applicable provincial, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law
- provide resources to or otherwise support any organization(s) designated by the Canadian or United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act
- impersonate any person or entity or misrepresent in any way your affiliation with a person or entity
- transmit unsolicited mass mailings or spam
- 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
- transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item
- advertise any third-party services or content
You may not do any of the following to Kingdoms of Heckfire:
- 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
- disobey any applicable policies or regulations of networks connected to Kingdoms of Heckfire
- modify, adapt, translate or reverse engineer Kingdoms of Heckfire
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Kingdoms of Heckfire
- use any robot, spider, site search/retrieval application, or other device to play Kingdoms of Heckfire
- frame Kingdoms of Heckfire or reformat them in any way
- create an excessive number of accounts beyond that which are realistically playable
- create accounts by providing false information, or using devices that you do not own
- use accounts that do not belong to you
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 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 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 discontinues any or all of the Websites or Services, including without limitation any services provided or offered through Third Party Platforms.
A Thinking Ape reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. A Thinking Ape 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 strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that A Thinking Ape’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to A Thinking Ape that such calculation was or is intentionally incorrect.
PURCHASES AND REFUNDS
In Kingdoms of Heckfire 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 jewels, all for use in Kingdoms of Heckfire; (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 Kingdoms of Heckfire, and not in any other way.
A Thinking Ape may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. A Thinking Ape shall have no liability to you or any third party in the event that A Thinking Ape exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in Kingdoms of Heckfire. Other than as expressly authorized in Kingdoms of Heckfire, 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, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH KINGDOMS OF HECKFIRE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Kingdoms of Heckfire is a service provided by A Thinking Ape that commences immediately upon acceptance by A Thinking Ape of your purchase.
Services may allow you to “earn” Kingdoms of Heckfire Content ("In-Game Content"). You may also use real money to purchase a license to use certain In-Game Content. Purchased In-Game 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. A Thinking Ape 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-Game Content, you agree that we may begin to supply you with your purchased In-Game Content immediately.
Unless otherwise specified, you agree that you have no ownership interest in your A Thinking Ape Account or any In-Game Content associated with your account, regardless of whether you “earned” or “purchased” such In-Game Content. You agree that In-Game Content, including “Gold,” “Jewels,” and any other virtual currencies within Kingdoms of Heckfire are for personal non-commercial entertainment purposes, have no independent value outside of Kingdoms of Heckfire, 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.
Kingdoms of Heckfire accounts are intended for use by the account creator only and are non-transferrable. Players are at all times responsible for ensuring the confidentiality and security of their account and login credentials. A Thinking Ape is not able to assist in recoveries, nor are they responsible for any loss that may be incurred as a result of shared account information.
YOUR INTERACTION WITH OTHERS
You are solely responsible for your interactions with other users with whom you interact through Kingdoms of Heckfire you access. A Thinking Ape reserves the right, but has no obligation, to become involved in any way with any disputes concerning Kingdoms of Heckfire. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting A Thinking Ape 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 A Thinking Ape (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 RESPONSIBILITY 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.
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 of Heckfire or information available from Kingdoms of Heckfirer.
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.
CODE OF CONDUCT