1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Kajawa Games policies, such as the Forum Rules or Loyalty Program Terms, Kajawa Games grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1.5-1.9 to access and use the Service using a Kajawa Games supported web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

 

You understand that while at times you may “earn” “buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, “Virtual Items”); these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a Kajawa Games game card or a third party virtual currency like Facebook Credits. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
 

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2. Accessing the Service

By accessing or using the Service, including browsing any Kajawa Games website or accessing a game, you accept and agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”), have a valid account on the social networking service (“SNS”) through which you connect to the Service, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of Indian origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.


 

3. Use of the Service

The following restrictions apply to the use of the Service:

1. You shall not create an Account or access the Service if you are under the age of 13;

2. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;

3. You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;

4. You shall not create an Account or use the Service if you are a convicted sex offender;

5. You shall not have an Account or use the Service if you have previously been removed by Kajawa Games or previously been banned from playing any Kajawa Games game;

6. You shall not use the Service if you are located in a country embargoed by the United States or India if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.

7. You shall use your Account only for non-commercial purposes;

8. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;

9. You shall not use your Account to engage in any illegal conduct;

10. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Kajawa Games’s written permission;

11. You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Kajawa Games’s permission; and

12. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.

4.  Account Information

When creating or updating an Account on the Service, you may be required to provide Kajawa Games with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Kajawa Games’s Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to Kajawa Games, and that you will update that information promptly after it changes.

You understand that on certain Kajawa Games websites your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.


 

5.  Username and Password

During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:

1. You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;

2. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Kajawa Games and modify your Login Information;

You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and

You are responsible for anything that happens through your Account.

 

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Kajawa Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

 

 

 

6.  Ownership

1. Games and Service
   The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Kajawa Games game client, and the Kajawa Games game clients and server software) are copyrighted works owned by Kajawa Games. Kajawa Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

2. Accounts
   NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF KAJAWA GAMES. GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH KAJAWA GAMES WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

3. Virtual Items
   Kajawa Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Kajawa Games game, whether “earned” in a game or “purchased” from Kajawa Games, or any other attributes associated with an Account or stored on the Service.
   
   Kajawa Games prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Kajawa Games in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without Kajawa Games’ written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
    

4. Contributing Third Party Content to Kajawa Games Services
   Kajawa Games respects the intellectual property rights of others. You must have the legal right to upload Content to Kajawa Games Services. You may not upload or post any Content on Kajawa Games that infringes the copyright, trademark or other intellectual property rights of Kajawa Games or any third party, nor may you upload content that violates the law, this Terms of Service and/or any third party’s right of privacy or right of publicity. You may upload only Content that you are permitted to upload by Kajawa Games. Kajawa Games may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of Kajawa Games or a third party.
    

5. Contributing UGC to Kajawa Games; License Grant to Kajawa Games and Others
   When you contribute UGC to Kajawa Games, you expressly grant to Kajawa Games and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Kajawa Games and its licensors all licenses, consents and clearances to enable Kajawa Games and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
   
   If the Kajawa Games Service on which you contribute UGC permits other users to access and use that UGC as part of the Kajawa Games service deliverables, then you grant all other users of the relevant Kajawa Games the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Kajawa Games service without further notice, attribution or compensation to you.
   
   
    

7.  License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY KAJAWA GAMES' GAME IS A VIOLATION OF KAJAWA GAMES POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

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1. Engage in any act that Kajawa Games deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
    

2. Make improper use of Kajawa Games’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
    

3. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
    

4. CHEATING AND HACKING – You agree that you will not, under any circumstances:

   • Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Kajawa Games game experience;

   • Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Kajawa Games' game experience;

   • Without Kajawa Games’ express written consent, modify or cause to be modified any files that are a part of the Service;

   • Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Kajawa Games' game environment (each a “Server”); or (2) the enjoyment of the Service or any Kajawa Games' game by any other person;

   • Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or

   • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Kajawa Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
      

5. OFFENSIVE OR INFRINGING CONTENT – You agree that you will not, under any circumstances:

   • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

   • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

   • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Kajawa Games employees, including Kajawa Games’ customer service representatives; or

   • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Kajawa Games employee;
      

6. COMMERCIAL ACTIVITY – You agree that you will not, under any circumstances:

   • Without Kajawa Games’ express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;

   • Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or

   • Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
      

7. UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – You agree that you will not, under any circumstances:

   • Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;

   • Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Kajawa Games' characters, elements, or environment. Kajawa Games may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

   • Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;

   • Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

   • Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

   • Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Kajawa Games;

   • Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Kajawa Games; or

   • Copy, modify or distribute rights or content from any Kajawa Games site or game, or Kajawa Games' copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
      

8. COLLECTION AND PUBLICATION OF PERSONAL INFORMATION – You agree that you will not, under any circumstances:

   • Solicit or attempt to solicit personal information from other users of the Service;

   • Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or

   • Upload or transmit or attempt to upload or transmit, without Kajawa Games' express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

 

8.  FEES AND PURCHASE TERMS

1. Purchases
   In the Service you may purchase, with “real world” money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming Kajawa Games cards or third party virtual currency, such as Facebook Credits.
   
   PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
   
   You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service, We may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Kajawa Games keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Kajawa Games is not a party to the transaction.
   
   For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when We make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.
   
   Your license to Virtual Items for use in Kajawa Games' game is a service provided by Kajawa Games that commences upon acceptance by Kajawa Games of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Kajawa Games will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from Kajawa Games, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
    

2. Payment of Fees
   You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Kajawa Games may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT KAJAWA GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY
   
   
    

9.  Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, KAJAWA GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR KAJAWA GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND KAJAWA GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

 

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

 

Kajawa Games reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Kajawa Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.

 

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

 

You may cancel any Account registered to you by sending an email to support@kajawagame.com. This may take 30 days to implement.
 

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10.  RULES OF CONDUCT:

In addition to the limitations set forth in the Terms & Conditions, you will violate the Terms of Use if you (or others using your Account) do any of the following:

• transmit or facilitate distribution of content that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.

• attempt to acquire a password, address, credit card numbers, account information, or any other private information from any other Member or users.

• upload or distribute any software or content that you do not own or have permission to freely distribute.

• promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

• upload files that contain a virus or corrupted data.

• improperly use the in game support or complaint buttons or make false reports to Kajawa Games staff members.

• violate the terms of use of third party tools, interactive service providers, state, local, federal laws, or foreign or international law where appropriate.

• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  
  
  
   

 11.  INDEMNIFICATION

You agree to indemnify, save, and hold Kajawa Games, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Kajawa Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Kajawa Games, and you agree to cooperate with Kajawa Games' defense of these claims. Kajawa Games will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

 

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12 GENERAL TERMS

• Support: Subject to the other provisions of the Terms & Conditions of Usage, Kajawa Games will attempt to help you with any queries or problems that you may have with the site or any of your purchases through the site. To reach our customer support team, please e-mail us at support@kajawagame.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. If you believe that any action has been taken against your account or device in error, please contact customer support at support@kajawagame.com
   

• Remedies: You agree that this Terms & Conditions is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms, other Kajawa Games Policies and the Supplemental Terms as and when incorporated, are not intended to confer, and do not confer, any rights or remedies upon any person.
   

• Assignment: Kajawa Games may assign or delegate these Terms & Conditions of Service and/or the Kajawa Games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Kajawa Games’ prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
   

• Severability: If any part of this Terms & Conditions of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Kajawa Games, and the remaining portions shall remain in full force and effect.
   

• Modification of these terms of use: Kajawa Games reserves the right to modify these Terms & Conditions, including but not limited to the charges associated with the use of the Site or any products sold therein. You are responsible for regularly reviewing these Terms of Use and additional terms posted on the Site. Your continued use of the Site constitutes your agreement to all such terms, conditions, and notices.
   

• Language of the Terms of Service: If we provide you with a translation of the English language version of these Terms & Conditions of Service, Kajawa Games Privacy Policy or any other policy (collectively “Kajawa Games' Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Kajawa Games Policies.

   

  In the event of a conflict between a translation of the Kajawa Games Policies and the English version, the English version of the Kajawa Games Policies will control.
   

• Force Majeure: Kajawa Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kajawa Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, War, Terrorism, Riots, Embargoes, Acts of Civil or Military Authorities, Fire, Floods, Accidents, Network Infrastructure Failures, Strikes, or Shortages of transportation facilities, fuel, energy, labor or materials, Hacking, Phishing, or other Electronic Modes for destroying the Contents.
   

• Waiver: Failure of Kajawa Games to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Kajawa Games.
   

• Governing Law: These Terms & Conditions are governed by the laws of our country of origin and you hereby irrevocably consent to the exclusive jurisdiction of courts of our origin. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kajawa Games as a result of this agreement or use of the Site. Kajawa Games reserves the right to disclose any Personal Data about you or your use of the Site, including its contents, without your prior permission if Kajawa Games has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Kajawa Games or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our rights to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kajawa Games with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms & Conditions constitute the entire agreement between you and Kajawa Games with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Kajawa Games with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.