Kedlin Entertainment End User License Agreement and Terms of Service

Last Updated Date: April 7, 2013

The terms of this agreement (“Terms of Service”) govern the relationship between you and Kedlin Entertainment LLC and its affiliates (hereinafter “Kedlin” or “Us” or “We”) regarding your use of Kedlin’s games, websites and related services (the “Service”). Use of the Service is also governed by Kedlin’s Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service, including browsing any Kedlin website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Kedlin reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms online on Kedlin’s website and/or updating on the service by which you originally accessed the Service such as Apple Apple Store, Google Play or other similar services . You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Kedlin Privacy Policy, or any other Kedlin policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. LICENSE

1.1. 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 Kedlin policies, Kedlin grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

- You shall not create an Account or access the Service if you are under the age of 13; You shall 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. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
- You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Kedlin, or previously been banned from playing any Kedlin game;.
- You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;

Username and Password
During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. 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 Kedlin 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. You are responsible for anything that happens through your Account.

Kedlin 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 the third party’s rights.

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 and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

- Engage in any act that Kedlin deems to be in conflict with the spirit or intent of the Service or make improper use of Kedlin’s support services.
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Kedlin – - Game or any Kedlin game experience or without Kedlin’s express written consent, modify or cause to be modified any files that are a part of the Service or any Kedlin game.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Kedlin game environment.
- 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.
- 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 Kedlin, 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.
- 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 Kedlin employees, including Kedlin’s customer service representatives.
- 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 Kedlin employee.
- 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 any Kedlin game, or to obtain any information from the Service or any Kedlin game using any method not expressly permitted by Kedlin.
- Solicit or attempt to solicit personal information from other users of the Service or any Kedlin game or collect 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.

Kedlin reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Kedlin reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the
Service.

1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, KEDLIN MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO KEDLIN SERVICES OR PORTIONS THEREOF IF YOU ARE, OR KEDLIN 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 KEDLIN 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.

KEDLIN RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Kedlin reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Kedlin shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. 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 terminate your Account at any time and for by contacting Kedlin support at support@kedlin.com informing Kedlin that you wish to terminate your Account.

2. OWNERSHIP

2.1. Games and Service
All rights, title and interest in and to 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 Kedlin game client, and the Kedlin game clients and server software) are owned by Kedlin. Kedlin reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts
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 KEDLIN.

2.3. Virtual Items
Kedlin owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Kedlin games. 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 goods or currency appearing or originating in any Kedlin game, whether earned in a game or purchased from Kedlin, or any other attributes associated with an Account or stored on the Service.

2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Kedlin game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Kedlin in accordance with its Privacy Policy. You agree that your User Content will not be returned to you. Kedlin reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

3. USER CONTENT
3.1. Content Screening
Kedlin assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time Kedlin chooses, in its sole discretion, to monitor the Service, Kedlin nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Kedlin cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Kedlin shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Kedlin may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Kedlin violates these Terms of Service.

3.3. License
You hereby grant to Kedlin an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Kedlin the right to authorize others to exercise any of the rights granted to Kedlin under these Terms of Service. You further hereby grant to Kedlin the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in
connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Kedlin does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Kedlin has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Kedlin games. Kedlin reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Kedlin to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Kedlin access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (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 are a California resident, 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.”

4. FEES AND PURCHASE TERMS

4.1. Purchases
In the Service 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 diamonds, all for use in Kedlin games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.

Kedlin may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Kedlin shall have no liability to you or any third party in the event that Kedlin exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Kedlin, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in Kedlin games is a service provided by Kedlin that commences immediately upon acceptance by Kedlin of your purchase.

4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Kedlin may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT KEDLIN 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.

5. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Kedlin may require that you accept updates to the Service and to Kedlin’s games you have installed on your computer. You acknowledge and agree that Kedlin may update the Service and Kedlin games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Kedlin’s Games.

You acknowledge and agree that Kedlin is solely responsible for any updates, maintenance and/or support and that no 3rd party has any responsibility for the same and that Kedlin has no duty or obligation to provide any updates, maintenance and/or support.

6. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING KEDLIN’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. KEDLIN DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
KEDLIN SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT KEDLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KEDLIN SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO KEDLIN IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO KEDLIN DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND KEDLIN’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH KEDLIN IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Kedlin may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Kedlin’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF KEDLIN.

You agree to indemnify, defend and hold Kedlin harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and Kedlin, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at www.kedlin.com. You agree that these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by Washington State law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Kedlin must be resolved exclusively by a court located in King County Washington.

9. SEVERABILITY
You and Kedlin agree that if any portion of these Terms of Service or of the Kedlin Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. GENERAL PROVISIONS

10.1. Assignment
Kedlin may assign or delegate these Terms of Service and/or the Kedlin 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 Kedlin’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies
Kedlin may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Kedlin Privacy Policy), contain the entire understanding of you and Kedlin, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

10.4. No Waiver
The failure of Kedlin to require or enforce strict performance by you of any provision of these Terms of Service or the Kedlin Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Kedlin’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Kedlin of any provision, condition, or requirement of these Terms of Service or the Kedlin Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Kedlin shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Kedlin.

10.5. Notices
We may notify you via postings on www.Kedlin.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Kedlin Privacy Policy shall be in writing and addressed to: Kedlin Entertainment Attn: Legal, PO BOX 53283 BELLEVUE WA 98005. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Kedlin are of a unique and irreplaceable nature, the loss of which shall irreparably harm Kedlin and which cannot be replaced by monetary damages alone so that Kedlin shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Kedlin game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.7. Force Majeure
Kedlin shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kedlin, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kedlin’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Kedlin Entertainment Privacy Policy

We recognize that users, visitors and customers of our websites, mobile applications and related services (collectively, the “Service”) highly value their privacy. This Privacy Policy describes our policies on the collection, use, and disclosure of your information in connection with your use of the Service. We provide this Privacy Policy to help you make an informed decision about whether to use our Service. The terms ”we”, ”us”, “Kedlin” and ”our” refer to Kedlin Entertainment LLC, a Washington State Limited Liability Corporation, and it’s affiliates. When you use the Service, you accept our policies and practices regarding the collection, use, and disclosure of your information as described in this Privacy Policy.

If you do not agree with our policies and practices, you may choose not to use the Service.

 

Information Collection and Use

Kedlin collects information as described below. Kedlin’s primary goals in collecting and using information is to create your account, provide Services to you, improve our Service, contact you, conduct research and create reports for internal use. We store information on servers located in the United States and may store information on servers and equipment in other countries.

Social Networking Websites

We may collect and record information through the social networking website you use to access the Service (“SN Website”) or other third party source in accordance with the policies and terms of the SN Website or service provider. The information we collect when you access the Service on an SN Website may include: (1) your name, (2) your SN Website user identification number and/or user name, (3) locale, city, state and country, (4) sex, (5) birth date, (6) email address, (7) profile picture or its URL, and (8) the SN Website user identification numbers for your friends that are also connected to Kedlin’s game(s).

We may also collect (1) your name, (2) your email address, and (3) your age or birthday directly from you when you access our Service on a SN Website. If you provide your email address in connection with a Kedlin game, the email address will be retained by Kedlin and we may use that email address to contact you about your gaming experience with Kedlin games and notify you about company news and promotions. Your phone number may be used to help connect you with other users via our social networking system and for SMS notifications. Your birth date may be used to analyze user trends and target certain promotions.

Kedlin’s Sites

While you are browsing Kedlin’s Sites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor and analyze your use of the Service. In addition, we may ask you to submit and we may process data that is personal to you, including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on SN Websites and other third party sites, user names, phone number, and e-mail and mail addresses. We may use this information to create a user profile. We may use your email address to contact you about your experience with Kedlin Sites and notify you about company news and promotions. Your phone number may be used to help connect you with other users via our social networking system and for SMS notifications. Your gender and birthday may be used to analyze user trends and target certain promotions. Your mail address may be used if we have merchandise or other physical promotional materials that we want to send to you.

When you interact with Kedlin’s Sites, Kedlin will create an online user ID number to identify your profile on the Kedlin Site. This online user ID number will appear in the URL of Kedlin’s Sites, but will only permit access to information that is considered public or that you have designated as public. You may opt-out at any time of public indexing of your public profile information.

You may be directed to 3rd party sites that are independently owned and operated and may be subject to the terms of service and privacy policy of those sites.

Forums

Kedlin may at times offer you the ability to post content to a blog, message board, chat room or within Kedlin’s applications or other forums (“Forums”). You should be aware that any visitor to the Forums may read your postings on the Forums. Furthermore, any information that you may post to a Forum, including your username or other account profile information, will be disclosed and available to all users and viewers of that Forum, and will therefore no longer be private. Kedlin cannot guarantee the security of such information that is disclosed or communicated online in public areas such as the Forums, and you provide such information at your own risk. Kedlin does not author, edit, endorse, or monitor any Forum. You acknowledge and agree that Kedlin has no responsibility for the accuracy or availability of information provided on any Forum. Kedlin reserves the right at any time, in its sole discretion, to remove any content that a user may post on any Forum and restrict their access to any Forum.

Invite a Friend

Kedlin may offer you the opportunity to opt-in to import your address book contacts or manually enter e-mail addresses so that your contacts can be located in Kedlin games and/or you can invite them to join you in Kedlin games. Such contact information will be used only for the purpose of sending communications to the addressee. We send these invites on your behalf and as your service provider. You agree that you and/or your friend are responsible for any text messaging rates that apply. You can opt-out from the storing of these contacts. Passwords provided to Kedlin for importing purposes will not be stored by Kedlin. In addition, you or the third party may contact us at support@kedlin.com to request the removal of this information from our database.

iOS and Android Platforms

When you use any of the Kedlin games or applications on a mobile platform, we may collect and record certain information such as your unique device ID, hardware type, the version of your operating system (“OS”), your device name, your telephone number, your email address (if you provide this information to us upon request), and your location (based on your Internet Protocol (“IP”) address and longitude and latitude). This information is useful to us for troubleshooting and helps us understand usage trends. Your phone number may be used to help connect you with other users via our social networking system and for SMS notifications.

We may also give users the opportunity to opt-in to location-based services, which rely upon a device’s GPS coordinates. You may opt-out of these location services via the settings on your device. A user’s location may be used to suggest friends with whom they might want to connect, analyze usage trends or target certain promotions.

In addition, we create a unique user mobile ID to track your use of our Service. This unique user mobile ID is stored in connection with your profile information to track the Kedlin games you are playing. In addition, it may be used to link a character with which you play our games to your username on the Forums. We may link the unique user mobile ID to the online user ID to connect your profiles and associated data for internal analysis and targeting certain promotions.

We may also collect (1) your name, (2) your email address, and (3) your age or birthday directly from you when you access our Service through your mobile device. If you provide your email address in connection with a Kedlin game, the email address will be retained by Kedlin and we may use that email address to contact you about your gaming experience with Kedlin games and notify you about company news and promotions. Your phone number may be used to help connect you with other users via our social networking system and for SMS notifications. Your birth date may be used to analyze user trends and target certain promotions.

Game Data Collection

Whenever you play our games, regardless of the platform on which you play, we collect data about all of your interactions with the game and with the other players inside the game via server log files.

Other Collection

We may also acquire information from you through (1) your access and participation in message boards on the Service, (2) your email of a question to our customer support, (3) your participation in surveys regarding the Service or (4) your participation in a sweepstakes or contest through the Service.

If we begin offering our Service on a platform without an in-app purchase billing system, we may need to collect credit card and billing information.

Cookies

A cookie is a small text file that we transfer to your computer and/or device, to identify a user’s computer/device and to “remember” things about your visit, such as your preferences or a user name and password. Information contained in a cookie may be linked to your personal information for purposes such as improving the quality of our Service, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.

We may feature advertisements served by third parties that deliver cookies to your computer/device so the content you access and advertisements you see can be tracked. Since the third party advertising companies associate your computer/device with a number, they will be able to recognize your computer/device each time they send you an advertisement. These advertisers may use information about your visits to our Service and third party sites and applications in order to measure advertisement performance and to provide advertisements about goods and services of interest to you. This Policy does not apply to, and we are not responsible for the data collection practices of these third party advertisers, and we encourage you to check their privacy policies to learn more about their use of cookies and other technology.

You may click on the following link: http://www.networkadvertising.org (or such other URL as may be specified by us from time to time) for information on how to opt-out of the use of cookies for the delivery of more relevant advertising.

Web Beacons

Third party advertising companies and we may collect information using Web beacons. Web beacons or “gifs”, are electronic images that may be used in our Services or in our emails. We use Web beacons to deliver cookies, count visits and to tell if an email has been opened and acted upon. Advertisers use web beacons in connection with our Services in order to collect and use data regarding the viewing and usage of content, advertisement performance and your interests for the purpose of delivering relevant advertising to you.

Third Party Services

Our services may also contain third party tracking tools from our service providers, an example of which includes Google Analytics. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze user information on our behalf. While a third party may have access to your personal information in connection with the performance of services for Kedlin, it may not use such information for any purpose other than providing its services.

How We Use Information

 

We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:

  • create game accounts and allow users to play our games;
  • identify and suggest connections with other Kedlin users;
  • operate and improve our Service;
  • understand you and your preferences to enhance your experience and enjoyment using our Service;
  • respond to your comments and questions and provide customer service;
  • provide and deliver products and services you request;
  • send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by Kedlin and our selected partners;
  • enable you to communicate with other users; and
  • link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.

Disclosure of Your information

We do not share your personally identifiable information (such as name or email address) with other companies for their commercial use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out; however, non-personally identifiable information may be provided to third parties for user experience improvement, marketing, advertising, or other uses without restriction.

 

Certain personal information that you submit and other content you post to the Service is meant for public display and is therefore not subject to this Privacy Policy. We may display this information and content on the Service and further distribute it to a wider audience through third party sites and services that may become publically viewable.

 

In addition, we may share information about you:

 

- With our subsidiaries, affiliated companies, or third parties or persons to process such information on our behalf and provide, maintain, and improve the Service;
- Kedlin may share anonymous game data with Pocket Gems and Pocket Gems Publishing to improve your experience using the Service.
- Kedlin may share anonymous game data for the purposes of research with Universities and/or other 3rd parties.
- With third parties that run advertising campaigns, contests, special offers, or other events or activities in connection with the Service;
- To trusted third parties who assist us in operating our website, conducting our business, or servicing you;
- With third parties in anonymous form only. User IDs are replaced with individual identifying codes, and we are the only entity with access to the associated user information;
- If we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; to enforce our Terms or policies; detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam); to protect the security or integrity of the Service and to protect us, our users or others from harm or illegal activities;
- In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used; and
- We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.
- With your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies.

 

Third-party Advertisers, Links to Other Sites
We allow other companies, called third-party ad servers or ad networks, to serve advertisements to the Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Service. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

Please note that if an advertiser asks us to show an advertisement to a certain audience segment and you respond to that advertisement, the advertiser may conclude that you fit the characteristics of the audience they are attempting to reach. The advertiser may also use information regarding your use of the Service, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

We recommend you consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. Our Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

We have agreements or are in the process of establishing agreements with the following third-party ad servers or ad networks:

Google

Pocket Gems Publishing

Pocket Gems

Apple

TapJoy, Inc.

Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is fully secure. Therefore, while we endeavor to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Service, you are responsible for keeping this password confidential. We expect you to not share your password with anyone.

Accessing and Correcting Your Information

You can close your account or review and change your personal information by logging into your account and visiting your account profile page, through the mobile application or by sending us e-mail at support@kedlin.com. We will accommodate any request to change information unless such request would violate any law or legal requirement or regulation or cause the information to be incorrect. If you terminate your account, we may continue to show some of your content in anonymized form. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, verify transactions collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our rights and take other actions permitted by law.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act) and do not collect any information from anyone under 13 years of age. Our Service is intended for people who are at least 13 years old or older.

Your California Privacy Rights

California law permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as provided below.

Miscellaneous

This Privacy Policy does not apply to information collected by us offline or through any means other than your use of the Service.

 

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

 

Kedlin Entertainment

PO BOX 53283

BELLEVUE WA 98005

support@kedlin.com

 

Changes and Updates to this Privacy Policy
This Privacy Policy may be revised periodically. The date the Privacy Policy was last revised is identified at the top of the page. If we make changes, we will post an updated Privacy Policy and revise the “Last Updated” date above. You are responsible for periodically visiting this Privacy Policy to check for any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we have received the personal information you provided. Your continued use of the Service after the “Last Updated” date above constitutes your acceptance of any future revisions.