Last Modified on November 9, 2020
(i) associated software components; (ii) Game play; (iii) graphic and audio elements; (iv) media; (v) the KUMU’S ADVENTURE website located at www.playkumu.com (the “Site”); (vi) social components (such as but not limited to on-line communities, user-to-user communication, and chat rooms); (vii) printed materials; (viii) virtual resources, goods, and services; (ix) “online” or electronic documentation; as well as (x) other elements that may be added from time to time. Even though you may have purchased or licensed the Game through Apple, the Apple App Store, or other Apple owned, controlled, affiliated or authorized entity (any of these, an “Apple Source”), through Google or other Google controlled, affiliated, or authorized source (an “Android Source”), through the Windows Store or other Microsoft controlled or authorized entity (a “Windows Source”) or through amazon.com (“Amazon”) or any web platform neither Apple, Google, Microsoft, Amazon, nor any Apple Source, Windows Source, or Android Source or any web platform is a party to this Agreement and have no obligations to you in connection with the Game. By using the Game, you agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the Game between you and Newland Canada Inc, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties. If you do not agree to the terms of this Agreement, you are not authorized to download, operate, or otherwise use the Game. Newland Canada Inc reserves the right to update or change these Agreement at any time by posting the most current version of the Agreement on the Site with a new Effective Date shown. All such changes in the Agreement shall be effective from the Effective Date. Your continued use of the Game after we post any changes to the Agreement signifies your agreement to any such changes. If you do not agree to the then-current Agreement, you must immediately discontinue using the Game. Your use of the Game is solely controlled by this Agreement which cannot be changed except by a written agreement signed by both you and a fully authorized representative of Newland Canada Inc. The Game is licensed, not sold. You must be at least 13 years of age to access and use the Game. If you are at least 13 years of age but below 18 years of age, your parent or legal guardian must establish an account with us in order for you to access and use the Game.
1.GRANT OF LICENSE
The Game is licensed to you by Newland Canada Inc for personal, noncommercial use on your iPhone, iPod Touch, iPad, Windows Phone or Android or any web browser enabled device only. All other uses are prohibited.
2.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1. Maintenance of Copyright and Trademark Notices. You must not remove or alter any copyright or trademark notices that appear anywhere within the Game. 2.2.Distribution._The license granted hereunder is non-transferable. The Game is licensed for your use only and only on an iPhone, iPod Touch, iPad, Windows Phone or Android or any web browser enabled device that you own or control and as set forth by the Usage Rules in the Apple App Store Terms of Service (if licensed through an Apple Source), the Android Market Terms of Service (if licensed through an Android Source), the Windows Store Terms of Service (if licensed through a Windows Source), or any web portal Terms of Service or at Amazon. You may not distribute the Game to any third party. 2.3. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Game, or take any steps to recreate of recover the source code of the Game, except and only to the extent that such activity is expressly permitted by applicable law. 2.4. Rental. You may not rent, lease, or lend the Game, or offer it for any commercial use or purpose. 2.5. Your Conduct as a User of the Game. You are responsible for your conduct as a member of the community and as a user of the Game. You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through your avatar, which: is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law; could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity; is or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity; constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity; encourages or constitutes behavior that does not support a safe and comfortable environment for all users, whish conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Game an uncomfortable experience for anyone; restricts, inhibits, or discourages any other user from using the Game or contains a virus or other harmful component; hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third-party software designed to modify the Game experience; violates any local, state, federal or international laws or gives rise to civil liability; violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);imposes an unreasonable or disproportionately large load on the Game or otherwise interferes with the Game; is a chain letter, or constitutes junk mail; specifies or claims that that you are affiliated with Newland Canada Inc when you are not, including without limitation a “Game Master,” “Moderator,” or any other employee or agent of Newland Canada Inc; requests account login information from other players; “spoofs” (use of any means to disguise your online identity_or alter original attribute information);uses or possesses programs to ‘crack’ the Game or other Internet security tools;upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Game;restrict or inhibit any user from using and enjoying the Game;or anything else that Newland Canada Inc in its sole determination deems harmful to the Game’s or to Newland Canada Inc’s integrity or business.You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Game. You further agree that the contents of any messages or other communication sent from your account, whether in or through chat rooms, direct user-to-user communication, or by other means, is the property of Newland Canada Inc and may be accessed, reproduced, or distributed by Newland Canada Inc as it sees fit. Newland Canada Inc will fully cooperate with law enforcement and other governmental entities in policing the content of the Game. If you are under the age of 21, Newland Canada Inc reserves the right to release transcripts of your chats, or other intra-Game communication, to your parents, guardian, or other adult authority figure(s).We may, at our sole discretion, immediately suspend or terminate your access to the Game should your conduct, in our sole determination, fail to conform with this Agreement. 2.6. Support Services. Newland Canada Inc may in its sole discretion provide you with support services related to the Game (“Support Services”). Newland Canada Inc is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Newland Canada Inc under this Agreement. Any supplemental software code provided to you as part of the Support Services shall be treated as part of the Game, as between you and Newland Canada Inc shall be and remain the sole property of Newland Canada Inc, and shall be subject to the terms and conditions of this Agreement. Newland Canada Inc support may be reached by Contacting Us or via email at firstname.lastname@example.org. Apple, Google, Microsoft, any web portal and Amazon, as applicable, have no obligation whatsoever under any circumstances to furnish any maintenance or support services with respect to the Game. You agree that you will look solely to Newland Canada Inc in connection with Support Services. 2.7. Compliance with Applicable Laws._You will fully comply with all applicable laws regarding use _of the Game. 2.8. Account and Virtual Item Ownership. Virtual goods and currency may be offered as a feature of the Game. Your election to make a purchase will be an offer to Newland Canada Inc to purchase at the prices and on the terms set forth herein and in the Game. Completion of the transaction will constitute Newland Canada Inc’s acceptance of your offer. Newland Canada Inc will have no liability as a result of any failure of any transaction to be completed. No transaction will be deemed completed until such time as Newland Canada Inc has received payment from the credit card processor for the virtual goods or currency that is the subject of the applicable transaction.You may not buy, sell, give or trade any account, nor attempt to buy, sell, give or trade any account. Newland Canada Inc owns, has licensed, or otherwise has rights to all of the content that appears in Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with an account. Newland Canada Inc does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates therein. Virtual goods that may be originally acquired by “farming” are subject to confiscation by Newland Canada Inc. You may not sell in-Game items or currency for “real” money, or exchange those items or currency for value outside of the Game. Under no circumstances will refunds be given for virtual goods. In connection with virtual goods, all sales are final.
The term of this Agreement will commence upon download of the Game and will continue for so long as you have in your possession or control any copies of the Game. Without prejudice to any other of its rights, Newland Canada Inc may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you. For example, but not in limitation, Newland Canada Inc may elect to terminate this Agreement and your rights in connection with the Game, if Newland Canada Inc, in its sole determination, discontinues the Game, stops supporting or maintaining the Game, ceases to provide updates, no longer offers the Game for license, or believes you have failed to comply with the terms and conditions of this Agreement. In the event of termination arising as a result of discontinuation of the Game by Newland Canada Inc, no refunds will be given for outstanding virtual goods, currency, or other in-game items. In the event of termination arising from your failure to comply with the terms of the Agreement: (i) no refunds will be made; and (ii) you must promptly destroy all copies of the Game in your possession. If modification of the Agreement by Newland Canada Inc materially affects your rights in connection with the Game, which determination will be made by Newland Canada Inc in its sole determination, Newland Canada Inc may, but is under no obligation to, notify you by sending an email message to your last email address known to Newland Canada Inc. Newland Canada Inc will have no liability if you do not receive Newland Canada Inc’s notification.
As between you and Newland Canada Inc, all title, including but not limited to copyrights, in and to the Game and any copies thereof, and any content created by you in or in connection with the Game (such as, but not limited to the contents of any chats, user-to-user communication, and other text) are owned by Newland Canada Inc. As between you and Newland Canada Inc, all title and intellectual property rights in and to the content which may be accessed through use of the Game is the property of Newland Canada Inc and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and Newland Canada Inc, all title, including but not limited to copyrights, in and to virtual goods or services that may accrue to you through use of the Game, and any copies thereof, whether or not acquired with consideration, are owned by Newland Canada Inc, provided for entertainment purposes only for your exclusive use only in connection with the Game. These virtual goods or services may not be sold, bartered, or traded without the consent of Newland Canada Inc. No property or other proprietary rights in or to virtual goods or services will accrue to you under any circumstances. This Agreement grants you no rights to use such content except in and in connection with the Game, as expressly and unambiguously set forth herein. All rights not expressly granted are reserved by Newland Canada Inc.
5. NO WARRANTIES
Newland Canada Inc expressly disclaims any warranty in, to, or for the Game. The Game is provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind. Newland Canada Inc EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION. The entire risk associated with operation of the Game is assumed by you. Newland Canada Inc does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Game. Newland Canada Inc makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Newland Canada Inc further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Game. Newland Canada Inc cannot guarantee the integrity of the Game or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Game is loaded and operating. To the maximum extent permitted by applicable law, neither Apple, Google, Microsoft, Amazon ,any web portal , nor any Apple Source, Android Source, or Windows Source is a party to this Agreement or your purchase or license of the Game. None of the foregoing entities make, have made, and do not make any warranties, or assume any warranty obligation(s) or other obligation(s) whatsoever with respect to: (i) the Game; and/or (ii) any claims, losses, liabilities, damages, costs, and/or expenses attributable to the Game, including but not limited to any warranties arising from claims of infringement of intellectual property or personal rights, products liability, and/or failure of the Game to perform, execute, or conform to any standard.
6. LIMITATION OF LIABILITY
In no event shall Newland Canada Inc be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of, or inability to use, the Game, or the use or inability to use the Game by any third party that may have access to the Game by or through you, even if Newland Canada Inc has/have been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise. Newland Canada Inc shall have no liability with respect to the content of the Game or any part thereof, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
7. YOUR REPRESENTATION TO Newland Canada Inc
As a material inducement to Newland Canada Inc entering into this Agreement with you, you represent to Newland Canada Inc that you are at least thirteen (13) years of age, and not subject to any prohibitions or restrictions that would prevent or inhibit you from entering into legally enforceable agreements.
8. APPLE, GOOGLE, AMAZON, STEAM, WEB PORTALS, MICROSOFT APPLICABLE APPLE SOURCE, APPLICABLE ANDROID SOURCE AS THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple, Google, Microsoft, Amazon, Steam any applicable App Source, together with both Apple’s, Google’s, and Microsoft’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce the Agreement as a third party beneficiary thereof.
10. DISCLOSURES REQUIRED BY LAW
Newland Canada Inc reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Newland Canada Inc reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Newland Canada Inc to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD Newland Canada Inc HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Newland Canada Inc DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Newland Canada Inc OR LAW ENFORCEMENT AUTHORITIES.
11. DISPUTE RESOLUTION AND GOVERNING LAW
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this Agreement shall be governed by and will be construed under the laws of Canada without regard to its conflict of law provisions and you agree to submit to the exclusive jurisdiction of the courts of Canada to resolve all disputes related to This Agreement.
12. UNITED STATES OF AMERICA SPECIFIC SECTION: CLASS ACTION WAIVER
If you are a user of our services in the United States of America, the below terms are incorporated into this Agreement, and overrides this Agreement to the extent of any inconsistency.If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF Newland Canada Inc’S SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY.
13. MISCELLANEOUS TERMS