Terms of Service

Disclaimer

As a condition of using the Services, You must agree to these TOS. By accepting them, You confirm that You are 14 years of age or older. If You are between 14 and 17, or do not otherwise have the authority to enter into agreements such as these TOS, You confirm that Your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

Unless stated otherwise for a particular Service, the Services are free to use or download, but may include features that allow You to make purchases within them. Where You access the Services through a social networking site (“SNS”) such as Facebook, You agree to comply with its terms of service as well as these TOS.

Please note that Our Services may download data on Your device in the background, without further notification, while Our Services and/or games are running. This data relates to additional game content and minor game updates. Our Services will use any available internet connection to perform these downloads and may therefore consume mobile or home data.

Kometa.Games may issue additional policies relating to specific parts of the Services, including, but not limited to, forums, contests, sweepstakes or loyalty programs. Your right to use the Services is subject to those policies and these TOS.

Any links to other publicly available websites are provided solely for Your convenience. Kometa.Games makes no warranties or representations regarding such third-party websites and accepts no responsibility for their content, nor does it exert any editorial or other control over them.

Except as required by law, neither Kometa.Games nor its affiliated firms or businesses accept any responsibility or liability for any damages (direct, indirect, incidental, special, consequential or exemplary) resulting from the use of the Services. This includes, but is not limited to, damages resulting from the use of, or inability to use, the Services or the Kometa.Games website, or from any interruption or delay in access to them for any reason.

To the fullest extent permitted by applicable law, Kometa.Games provides its Services as they stand, without assurances, guarantees or warranties of any kind. The Services may contain defects and should be used at Your own risk.

Please note that simply sending an email to Kometa.Games does not create a client-business relationship; none will be formed unless there is an express agreement between Kometa.Games and the Client. We therefore advise You not to send confidential or privileged information to Us until such a relationship is established.

For residents of the United States, these TOS contain, in clause 15, a class-action waiver that affects Your rights regarding how disputes are resolved. If You live in the United States, please read it carefully. Except where You opt out, You agree that You waive Your right to participate in any class action or class-wide arbitration.

Kometa.Games has sought to comply with all legal and ethical requirements in creating the Services. By using or otherwise accessing the Services, You agree to these TOS. If You do not agree to these TOS, You may not use or access the Services.

1. Permission to Use the Services

By using Our Services, You agree to comply with and be bound by these terms and conditions, which — together with Our Privacy Policy — govern Our relationship with You in relation to the Services. If You do not agree to them, You must stop using Our Services.

Kometa.Games is committed to keeping any information You provide through the Services as secure as possible, in line with applicable data protection laws and regulations. To prevent unauthorised access or disclosure, We have put in place suitable physical, electronic and managerial procedures to safeguard the information We collect.

Our Privacy Policy applies to Your use of the Services, and its terms form part of these TOS by reference. By using the Services, You acknowledge that internet transmissions are never completely private or secure. You understand that any message or information You send may be read or intercepted by others, even where a particular transmission is encrypted.

Subject to these TOS, Kometa.Games grants You a non-exclusive, non-transferable, non-sublicensable, limited right and licence to use the Services for Your personal, non-commercial use. This licence is subject to Your compliance with these TOS.

Except as set out above, You receive no other licence. Kometa.Games retains all rights, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, computer code, audio-visual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, and moral rights, whether registered or not. Unless expressly authorised by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Kometa.Games’s prior written consent. Kometa.Games reserves all rights not expressly granted to You.

The Services and their contents are licensed, not sold. You agree that You have no right or title in any content that appears in the Services, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from Kometa.Games or third parties.

2. Purchases in the Services

If You wish to purchase products or services, You may be asked to supply certain information, including credit card or other payment details. You agree that all information You provide will be accurate, complete and current. You agree to pay all charges, including any handling fees, incurred by users of Your payment method at the prices in effect when the charges are incurred, and to pay any applicable taxes relating to Your purchases.

Kometa.Games may license to You certain virtual goods for use within the Services, which You may purchase with real-world currency or earn or redeem through gameplay (“Virtual Items”). Virtual Items are licensed to You on a limited, personal, non-transferable, non-sublicensable, revocable basis, and are intended solely for non-commercial use. Virtual Items must never be used in connection with any agreement to wager money or anything of value. Kometa.Games reserves the right to manage, control, modify or eliminate Virtual Items at any time, with or without notice. Transferring Virtual Items is prohibited except where expressly authorised within the Services.

Virtual Items have no equivalent value in real-world currency and are not a substitute for it. All Virtual Items may be consumed or lost in the course of gameplay according to the rules of the Services. Neither Kometa.Games nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Kometa.Games accepts no liability for the hacking or loss of Your Virtual Items, and the prices and availability of Virtual Items may change without notice.

Purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge that the provision of Virtual Items begins at the time of purchase, and that as soon as this process has begun You forfeit Your right of cancellation.

3. Rules of Conduct

You agree that You will not, under any circumstances:

• use, directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Services;
• use the Services in a manner that violates applicable laws or regulations;
• exploit the Services for commercial purposes, including advertising, solicitation, or the transmission of commercial content such as spam, chain letters, or pyramid or other get-rich-quick schemes;
• use the Services for abuse or fraud, including misrepresentation, impersonating an individual or entity, or making false representations about Your association with an individual, entity or the Services;
• hamper, disrupt or interfere with the operation of the Services in a manner that negatively affects the experience of other users;
• seek to gain unlawful access to the Services, to user accounts, or to networks, servers or computers connected to the Services, by any method other than the interface provided by Kometa.Games, including by modifying or circumventing (or helping others to modify or circumvent) any security measures, safeguards, encryption methods or software forming part of the Services;
• disrupt or overload, or assist in disrupting or overloading, the computers or servers used by Kometa.Games to support the Services;
• engage in the continuous posting of unsolicited materials or information;
• publish information, links or data that are obscene, defamatory, abusive, threatening, libellous, racially or sexually biased, that display or promote excessive violence, or that are religiously or otherwise offensive;
• harass, abuse or harm — or promote or cause the harassment, abuse or harm of — any individual or group, including Kometa.Games’s employees, directors, officers, customer service representatives and associates;
• use the Services to publish material that infringes any trademark, patent, copyright, trade secret, right of publicity or privacy, or any other right of any individual or entity, or that imitates any other individual or entity;
• except where explicitly permitted by applicable law, attempt to reverse engineer, decompile, disassemble or hack any of the Services, defeat or damage any security measures, or acquire any information from the Services by means not explicitly approved by Kometa.Games;
• obtain or attempt to obtain login credentials or any other personal information from other users of the Services;
• collect information relating to other users, including through web scraping, web harvesting, cookies or similar means;
• publish the personal information of individuals — including personal data, identification documents or financial information — through the Services; or
• make improper use of Kometa.Games’s support services, or take any action that conflicts with the intention and spirit of the Services.

4. Provision of Services by Third Parties

In providing the Services, We may link to third-party websites or services, including advertisements and third-party services such as social media connectivity, marketing, and gameplay recording and sharing. We make no guarantees regarding any content, goods or services provided by such third parties and make no recommendation in respect of them. These services are subject to the relevant third party’s terms of service, and We accept no responsibility for any loss or harm caused by such third parties. Where You provide personal data to third parties, You do so in accordance with their privacy policy and terms of service, and Our Privacy Policy and TOS will not apply to that data. We advise You to read the third party’s terms of service, as they form an agreement between You and that third party, to which Kometa.Games is not a party.

5. Accounts

When using the Services, You may use Your login information (such as a Google Account or Apple ID) to access them, which automatically allocates You an anonymised gamer ID associated with Your Apple ID or Google Account (the “Account”). You may use the Services solely for Your personal, non-commercial purposes. You must not share Your Account, let anyone else access the Services through it, or do anything else that might threaten its security. You are solely responsible for keeping Your Account secure and for all use of Your Account, including any purchases or changes to it, whether or not authorised by You. Kometa.Games will not be responsible for anything that happens to Your Account as a result of You allowing a third party to access it, and will assume that anyone logging in with Your login information is either You or someone acting with Your permission. If You become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorised disclosure of Your Account information, You must immediately notify Kometa.Games and change Your login information. In the absence of such prompt notification, We cannot guarantee Your Account’s safety. Kometa.Games accepts no liability for any loss You may suffer as a result of unauthorised access to Your Account, whether fraudulent or otherwise.

Kometa.Games reserves the right to delete Your Account if no activity takes place in relation to it for 180 days or more. In such a case, You will no longer be able to access or use any Virtual Items associated with the Account, and no refund will be available.

You acknowledge that You have no ownership or proprietary rights in any Account You create using Our Services. Kometa.Games reserves the right to terminate, suspend, delete or modify any Account at any time and for any reason, with or without notice.

Accounts that have been inactive or disabled — whether because You requested termination, You used Kometa.Games’s tools to terminate the Account, or Kometa.Games’s support team terminated it under these TOS or otherwise — may be permanently deleted at least seven (7) days after the date of termination, unless You agree to pay Kometa.Games’s applicable maintenance fee for inactive Accounts. For the purposes of this paragraph, “applicable maintenance fee” means any monetary purchase of a limited licence to use Virtual Items, subject to these TOS.

6. Content Submission and Contributions by Users

By using the Services, You may be able to create content, including, but not limited to, characters, images, gameplay videos, screenshots, gameplay maps, tags, data or other material (“User Contributions”).

In return for the use of the Services, You grant Kometa.Games a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and fully transferable right and licence to use and exploit Your User Contributions in any manner and for any purpose, including the right to save, copy, adapt, modify, reproduce, display, publish, transmit, perform, broadcast, distribute, sell or otherwise make them available to the public by any current or future means, without further notice or payment to You.

By creating and submitting a User Contribution, You acknowledge that You may have acquired “moral rights” — for example, the right to be named as the creator of Your submissions and the right not to have Your work subjected to derogatory treatment. Except where prohibited by applicable law, You waive any such moral rights in connection with Kometa.Games’s and other users’ use and enjoyment of Your User Contributions. This grant of licence, and waiver of moral rights, survives the termination of these TOS.

You acknowledge that We have no obligation to consider or accept any unsolicited idea, product submission or content of any kind (“Unsolicited Content”). We urge You not to submit Unsolicited Content to Kometa.Games or its directors, officers or employees. Should You choose to do so, it will not be treated as confidential, regardless of any statement You make. You acknowledge that Kometa.Games may use and exploit Unsolicited Content without any obligation to compensate You or any third party, and You grant Kometa.Games a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and fully transferable right and licence to use, reproduce, transmit, amend, display and exhibit Unsolicited Content by any current or future means and for any purpose, and to create derivative works from it.

You must not copy, distribute, release to the public or reproduce any content belonging to any other user of Kometa.Games’s Services. If You believe Your intellectual property rights have been infringed by someone over the internet, You may contact Kometa.Games by email at support@kometadevs.com, providing the following information:

• a description of the intellectual property rights in question and how they have been infringed;
• a description of the location of the infringing material;
• Your contact information, including Your address, phone number and email address;
• a statement that (a) You genuinely believe the disputed use is not authorised, and (b) the information You provide is accurate and You are authorised to act on behalf of the owner of the right allegedly infringed; and
• a physical or electronic signature of the person authorised to act on behalf of the owner of the right allegedly infringed.

7. Interaction Between Users

Kometa.Games is not liable for the behaviour of users of its Services and assumes no liability for inappropriate user behaviour or content. Kometa.Games has no obligation to monitor the Services and cannot review or pre-screen all communications or conduct. You accept that You use the Services at Your own risk.

While using the Services, You may encounter conduct or content that is offensive, indecent or not in line with Our values. Kometa.Games may use technologies to monitor and record user interactions and communications within the Services, including text, voice or images. You consent to such monitoring and reviewing, and agree that You have no expectation of privacy in any content transmitted within the Services.

You acknowledge that Kometa.Games reserves the right, at its sole discretion, to inspect, monitor, review, delete, prohibit, edit or disable access to any content, or to otherwise make any content unavailable, without prior notice or justification and at any time. Kometa.Games assumes no liability for content made available by users and is under no obligation to correct or remove any content it deems inappropriate.

8. Breach of These Terms of Service

Without limiting any remedies available to Kometa.Games, if Kometa.Games reasonably believes that You are in material breach — including apparently minor breaches — of these TOS, Kometa.Games may take any of the following measures, whether independently or in combination and with or without notice to You:

• suspend, adjust or delete Your Account or parts of it;
• restrict, suspend or terminate Your access to the Services;
• modify or delete any Virtual Items associated with Your Account; and
• reset or modify any game progression, benefits or privileges associated with You, including score levels reached in the Services.

You acknowledge that You may be required to compensate Kometa.Games, as permitted by law, for any loss, harm, claim or expense resulting from Your breach of these TOS.

9. Availability of the Services

You acknowledge that Kometa.Games may suspend or terminate the Services, in whole or in part, and take any measures to prevent users from accessing them, where Kometa.Games considers that users create potential legal risks or liabilities, infringe the intellectual property rights of third parties, or act in breach of these TOS.

Kometa.Games reserves the right to stop offering the Services, or support for them, or for certain parts of them (for example a game or a feature of a game), at any time. In such a case, Your licence to use the affected Services will end immediately and without notice. Kometa.Games is under no obligation to provide refunds for Virtual Items or other items relating to the terminated Services, except where required by applicable law.

10. Limitation of Liability

To the extent permitted by applicable law, Kometa.Games will not be liable for special, incidental or consequential damages arising from the access, use or malfunction of the Services, including, but not limited to, damage to property, device malfunction or failure, personal injury, lost profits or punitive damages, whether arising in tort (including negligence), contract, strict liability or otherwise, and whether or not Kometa.Games has been advised of the possibility of such damages.

For the purposes of this clause 10, Kometa.Games’s licensors, associates, partners and other third-party beneficiaries to these limitations may enforce these TOS against You.

You agree to indemnify, defend and hold harmless Kometa.Games and its officers, directors, employees, associates, agents, subsidiaries and joint ventures from any claim, demand, damages, direct loss, loss of business or profits or other losses (including reasonable legal fees) claimed by any third party as a result of Your use of the Services or any breach by You of these TOS. This does not apply where the third-party claim is not attributable to Your intentional or negligent behaviour.

Kometa.Games does not exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law, and none of Your statutory rights as a consumer are affected.

11. Intellectual Property Rights

You acknowledge that all trademarks, copyrighted material and other intellectual property rights in or relating to Our Services — other than content owned by users, User Contributions and Unsolicited Content — are owned by or licensed to Kometa.Games.

Provided that You comply with these TOS, Kometa.Games grants You a personal, non-transferable, non-exclusive, non-sublicensable, revocable and limited licence to use and access Our Services solely for Your own personal, private use, in line with these TOS. You must not use Our Services for any other purpose. These TOS apply to any updates, supplementary terms or patches made available for the Services, which are regarded as part of the Services for the purposes of these TOS.

You acknowledge that the licence provided for the Services, including any online Accounts and Virtual Items, does not amount to ownership rights or any proprietary interest in the Services. You may not copy, modify, sublicense, distribute, make available to the public or create derivative works from Our Services without Our prior written agreement.

By submitting User Contributions (as defined in clause 6) through Our Services, You:

• represent that You are eligible to do so;
• grant Kometa.Games and Our group companies the right to alter, adapt, distribute and use Your User Contributions and any derivative works, in any media, at any time in the future, without compensation to You;
• acknowledge that You may have acquired moral rights in Your submissions, and, except where prohibited by applicable law, waive any such moral rights; and
• acknowledge that We are under no duty to monitor or protect Your rights in any User Contributions, although You authorise Kometa.Games to enforce those rights, including by initiating legal proceedings, where We consider it necessary.

12. Links to Third-Party Products and Services

You acknowledge that Our Services may link to third-party websites or services. Kometa.Games gives no assurances regarding any goods, services or content provided or displayed by such third parties, and does not endorse them. We are not responsible for any loss or harm caused by such third parties. Where You provide data to third parties, You do so in accordance with their privacy policy (where applicable) and terms of service, and Our Privacy Policy does not apply to that data.

13. Changes to These TOS

You can find these TOS at any time by visiting this page.

Kometa.Games reserves the right to update these TOS from time to time, in line with changes to the legal and regulatory framework, Our products and services, or for technical reasons, by posting the updated version at the above address. When We update these TOS, We will take appropriate measures to inform You through the Services or otherwise, depending on the significance of the changes.

If You do not accept any of the changes to these TOS, You should immediately stop accessing and using Our Services. If You continue to access or use Our Services after any update takes effect, We will assume that You agree to be bound by the updated TOS.

14. Jurisdiction and Governing Law

These TOS, and any dispute between You and Kometa.Games, are governed by the laws of the Republic of Cyprus, without regard to conflict-of-law provisions. The courts of the Republic of Cyprus have exclusive jurisdiction over any disputes arising from the use of the Services. However, We reserve the right to seek injunctive relief in any jurisdiction where We deem it necessary.

You agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to any dispute or transaction arising under these TOS.

15. Class Action Waiver

IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, BY ACCEPTING THESE TERMS, YOU AND KOMETA.GAMES AGREE: (i) THAT EACH CLAIM IS PERSONAL TO YOU AND KOMETA.GAMES AND SHALL BE CONDUCTED ONLY AS AN INDIVIDUAL COURT PROCEEDING, AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION; (ii) TO EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THAT A COURT MAY CONDUCT ONLY AN INDIVIDUAL ACTION, MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT PRESIDE OVER ANY REPRESENTATIVE OR CLASS PROCEEDING. UNLESS YOU SUBMIT A PROPER OPT-OUT NOTICE (AS DESCRIBED BELOW), YOU AND KOMETA.GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.1 Severability of the Class Action Waiver

You and Kometa.Games agree that no provision of this Class Action Waiver shall be enforceable if either: (i) a court of competent jurisdiction conclusively determines that any term of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to a claim; or (ii) You submit a proper Opt-Out Notice electing to opt out of this Class Action Waiver. In such cases, all claims shall be governed by the Jurisdiction and Governing Law provisions above. In no event may the severance of this Class Action Waiver be interpreted as consent by You or Kometa.Games to participate in a class action.

15.2 Opt-Out Procedure

You have the right to opt out of the Class Action Waiver by sending a written notice of Your election to opt out (the “Opt-Out Notice”), in compliance with the following requirements:

1. Form and address. Your Opt-Out Notice must be sent to: Kometa.Games, c/o Yadarko Trading Ltd, Gr.Xenopoulou 17, 3106, Limassol, Cyprus, either by (a) first-class mail, postage prepaid, certified with return receipt requested; or (b) overnight courier service.
2. Time limitations. Unless a longer period is required by applicable law, Your Opt-Out Notice must be postmarked (if sent by first-class mail) or deposited (if sent by overnight courier) within thirty (30) days of the date on which You first accessed Your Account in the Services.
3. Required information. Your Opt-Out Notice must include: (i) the title of the Services to which it applies; (ii) Your first and last name; (iii) Your address; (iv) Your phone number; (v) Your email address; (vi) if You are a registered user, each of Your usernames for the Services; and (vii) a statement that You do not agree to the Class Action Waiver. Kometa.Games may use this information to record, process and administer Your opt-out, but not for marketing purposes.
4. Effect of a proper Opt-Out Notice. If Your Opt-Out Notice meets all of the above requirements, You and Kometa.Games will be deemed to have opted out of the Class Action Waiver with respect to these TOS. A valid Opt-Out Notice applies only to claims arising from or relating to the Services identified in it.
5. Effect of an improper Opt-Out Notice. If Your Opt-Out Notice fails to meet any of the requirements in paragraphs 1 to 3, You and Kometa.Games will be bound by the Class Action Waiver set out in these TOS.

15.3 Miscellaneous

If any provision of these TOS (or part of it) is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, that provision (or part of it) shall be removed from these TOS without affecting the legality, validity or enforceability of the remainder.

Kometa.Games’s failure to exercise, or delay in exercising, any legal right or remedy under these TOS or by law does not constitute a waiver of that right or remedy.

If We are unable to provide the Services as a result of force majeure, We will not be in breach of any of Our obligations towards You under these TOS.

16. Assignment, Severability and Entire Agreement

Kometa.Games reserves the right to assign these TOS, in whole or in part, to any person, entity or undertaking at any time, with or without Your consent. You may not assign any of Your rights or obligations under these TOS or the Privacy Policy without Kometa.Games’s prior written consent, and any unauthorised assignment by You is void.

If any part of these TOS is held to be invalid or unenforceable under applicable law or by a competent court, that part will be limited or excluded to the minimum extent necessary, and the remainder of these TOS will remain in full force and effect. Kometa.Games’s failure to enforce any right or provision of these TOS is not a waiver of that right or provision.

These TOS and the Privacy Policy constitute the entire agreement between You and Kometa.Games regarding the Services and supersede all previous agreements between You and Kometa.Games. A waiver of any rights under these TOS is effective only where given in writing and signed by a director, officer or authorised representative of Kometa.Games.

17. Questions About These TOS

If You have any questions about these TOS or Our Services, You may contact Us by email at support@kometadevs.com.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TOS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET OUT IN THEM. BY CONTINUING TO USE THE SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TOS AND GRANT KOMETA.GAMES THE RIGHTS SET OUT HEREIN.