"Want To Save Money On Your Energy Bill? Try This Video Game."--
*Click here for contest rules and to see how your information will be used.
Copyright © 2014. All Rights Reserved.
TERMS AND CONDITIONS FOR FREE ENERGY GAME CONTEST
THERE IS NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. DESCRIPTION OF THE CONTEST.
The Free Energy Game Contest (the “Contest”) is offered by Kuma Games (the “Sponsor”), in which contestants are given the opportunity to compete for a prize consisting of payment of their electricity bill (excludes natural gas charges) from Pacific Gas & Electric (“PG&E”) for a period of one (1) year, up to a maximum of three thousand dollars ($3000). Apple, Inc. is not a sponsor of the Contest or any prizes of the Contest.
2. ELIGIBILITY TO PARTICIPATE IN THE CONTEST.
To be eligible to participate in the Contest, you must (a) be a natural person that is at least eighteen (18) years old and able to enter into contracts where you reside at the time of entry; (b) own or rent a home or other residence in California throughout the Contest Period (as defined below); and (c) be and remain throughout the Contest Period a customer of PG&E for your electricity needs at said home or residence in California and have an online account with PG&E. Employees of Sponsor and the immediate family members and household members of such employees, and any persons involved in the development, promotion, marketing, advertising, administration, or judging of this Contest, are not eligible to enter or to win. For purposes of this Contest, “immediate family members” means parent, child, sibling, grandparent, or grandchild. Each eligible person that enters this Contest will be referred to in these Contest Terms (as defined below) as a “Participant.”
3. ACCEPTANCE OF TERMS AND CONDITIONS AND CONSENT TO BE CONTACTED.
As a condition to entering this Contest and receipt of any Prize, each Participant must accept and agree to these Terms and Conditions (“Contest Terms”), which constitute a binding legal agreement between the Participant and Sponsor. Therefore, please read these Contest Terms prior to entry to ensure you understand and agree to them. In addition, your use of the Contest Website (as defined below) is subject to the terms and conditions of that website (“Website Terms”) . See http://www.kumagames.com/terms.html. A Participant may not participate in the Contest, and is not eligible to receive the Prize described in these Contest Terms, unless he/she agrees to both the Contest Terms and the Website Terms. In addition, each Participant further consents to being contacted by Sponsor by e-mail, mobile phone, regular phone, or regular mail with respect to the Contest.
4. HOW TO ENTER THE CONTEST.
Participants may enter the Contest between 12:01 a.m. Eastern Standard Time (EST) on December 4, 2014 and 11:59 p.m. EST on June 30, 2015 (the “Contest Period”) by completing an entry form (“Entry Form”) at www.freeenergygame.com the “Contest Website”) with their name, email address, address of their house or residence, and their PG&E account user name and password (collectively “Entry Information”). Each Participant must provide full, complete and accurate Entry Information and must immediately update that Entry Information if it should change at any time during the Contest Period. In case of a dispute as to the owner of an Entry Form or any Game (as defined below) play, the entry and Game play will be deemed to have been submitted by the authorized account holder of the PG&E account provided on the Entry Form. A selected Participant may be required to provide Sponsor with proof that he/she is the authorized account holder of the PG&E account associated with the Entry Form. Sponsor may not acknowledge receipt of an Entry Form and all Entry Forms become the property of Sponsor and will not be returned. The clock on Sponsor’s computer used for the Contest will be the official clock for the Contest and any Game play. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, or misdirected Entry Forms or Game play, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled, or delayed computer transmissions or any combination thereof; or for any error, human, technical, or otherwise.
5. CONSENT TO ACCESS AND USE OF ENERGY USAGE INFORMATION.
Each Participant expressly consents to Sponsor and its research partners accessing their PG&E online account and downloading their electricity and natural gas usage data (“Usage Data”) during the Contest Period and through August 31, 2015 by use of the Green Button Download My Data feature or such other feature that may be available to download such data. If Sponsor or its research partners are unable to obtain access to the Usage Data during the Contest Period for any reason, including the fact that the Participant has changed his/her user name and password without informing Sponsor or Participant is no longer a PG&E customer, then that Participant will be disqualified.
6. CONTEST PLAY.
During the Contest Period, Participants will be invited to participate in a certain time-limited single-player games (“Game”). Each game session (“session” being defined as a single game start and game end) will start with each Participant’s score beginning at 0. A Game score is only recorded at Game end. If the Participant quits the Game before the Game end or the Game is interrupted prior to Game completion, no score is recorded. Each Participant may play the Game as many times as they wish during the Contest Period, but only the highest score achieved by the Participant in any particular Game play will count in connection with determining the winner of the Contest. All decisions of the Sponsor with respect to each Game and its scoring are final and binding on all Participants. Any ranking or listing of points during the Contest Period are preliminary and are not determinative of the final outcome of the Contest. Participants must play the Game by themselves and cannot use any external program, script, software or automated program or device that is not provided with the Game, or hack or modify the code of the Game or code that is transmitted to Sponsor’s servers, to obtain a higher score. Sponsor reserves the right in its sole discretion to verify and validate all Game scores and to disqualify any scores and the corresponding Participants that are obtained through hacking, cheating, external programs or other means prohibited by these Official Rules.
7. INTELLECTUAL PROPERTY.
Participants are granted a limited, non-exclusive, non-transferable license to access the Contest Website and utilize the features and functions contained thereon, including the Games, during the Contest Period solely for their personal non-commercial use and solely for purposes of competing in the Contest. Participants agree that Sponsor or its licensors own all rights, title and interest, including without limitation, all copyright and other intellectual property rights, in the Contest Website, the Games and any software, features, functions, text, trademarks, content, and other material contain thereon (collectively the “Content”). Except for the limited license granted herein, Participants shall not reproduce, distribute, transmit, modify, create derivative works, display, perform, or otherwise use the Contest Website, or any Content on the Contest Website or attempt to reverse engineer, decompile, disassemble, or derive the source code for any software utilized on the Contest Website or for the Games.
8. USER CONTEST.
If a Game or other aspect of the Contest permits a Participant to provide or post any content or information (“User Content”), including without limitation, text, photos, videos, artwork or music, then Participant agrees that the User Content will comply with the Content Guidelines set forth in this Section 8. In addition, each Participant grants to the Sponsor a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, distribute, post, display, modify, create derivative works and perform the User Contest in any and all media or formats, whether now known or hereafter created, and for any and all purposes, including without limitation in connection with the Contest. Content Guidelines: User Content may not (a) contain unsafe behavior or situations, alcohol or tobacco use, weapons, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libelous statements, false or misleading advertising, (b) infringe any copyrights, patents, confidential information, trade secrets, trademarks, or proprietary, industrial, or other rights belonging to any person or entity other than the Participant, (c) violate any person’s rights of privacy or publicity, (d) violate any law, rule, statute, or order of any jurisdiction, or (e) contain any other material considered illegal or inappropriate. Sponsor may edit, modify, delete, or remove any User Content, in its sole discretion, that it considers to be prejudicial to Sponsor or in violation of the Content Guidelines. Each Participant further agrees to indemnify and hold harmless the Sponsor Entities (as defined in Section 14) and each of their respective employees, officers, directors, and agents from and against any claims, lawsuits, liabilities, and expenses (including attorney’s fees) arising out of the use of their User Content.
9. SELECTION OF WINNER.
At the end of the Contest Period, and when a minimum of 1,000 households have participated, the Participant with the highest total game score among all Games played will be declared the winner of the grand prize (“Grand Prize Winner”). In the event that two or more Participants have the same highest score on the Game, the Grand Prize Winner will be the Participant that earned the highest score first. The odds of winning depend on the number and skill of the competing Participants. NOTE: Your Game score may be affected by when you enter the Contest. Those entering later in the Contest Period may have fewer opportunity to play the Game, and fewer opportunities to get a high score than those entering earlier in the Contest Period.
10. GRAND PRIZE.
One (1) prize (“Prize”) will be awarded in this Contest consisting of payment of one year of electricity charges for the Grand Prize Winner’s home or residence corresponding to the PG&E account provided in the Contest, not to exceed three thousand dollars in total ($3000). Natural gas charges will not be paid. The Prize will be paid directly to the Grand Prize Winner, who is responsible for remitting any payment due to PG&E. The Grand Prize must permit Sponsor to have access to Grand Prize Winner’s online PG&E account throughout the one-year period and for sixty (60) days after that period so that Sponsor can confirm the amount of electricity charges actually incurred.
11. NOTIFICATION OF WINNER.
The potential Grand Prize Winner will be notified by either e-mail or phone at the e-mall address or phone number provided in the Entry Form. Grand Prize Winner will be required to execute and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release (except where prohibited by law) and applicable tax forms (collectively “Prize Documents”) in such form as designated by Sponsor. If Prize Documents are not executed by a potential Grand Prize Winner and received back by Sponsor within ten (10) days of the date they are sent by Sponsor, or the Grand Prize Winner does not respond to prize notification within ten (10) days of it being sent, or any prize notification is returned as undeliverable, the Prize will be forfeited and an alternative Grand Prize Winner selected in accordance with the criteria set forth in Section 8. Grand Prize Winner may be required to provide evidence of identity satisfactory to Sponsor in order to claim and receive the Prize.
12. OTHER PROVISIONS REGARDING PRIZES.
The Prize is not transferable and no prize substitution is available, except that Sponsor may substitute another prize of equal or greater value in place of the stated Prize, to the extent permitted by applicable law.
The stated Prize amount is the gross amount and is subject to deductions and withholdings that may be required under any federal, state, local, provincial, or territorial law. Unless otherwise agreed to by Sponsor in writing, the Grand Prize Winner is solely responsible for paying, and agrees to indemnify and hold harmless Sponsor from and against, any and all applicable federal, state, local, provincial, and territorial taxes that may be imposed in connection with any Prize. The Prize will be issued net of all taxes that are required to be withheld. Grand Prize Winner is responsible for ensuring that he or she complies with all applicable tax laws and filing requirements with respect to the Prize.
14. RELEASE OF LIABILITY.
By entering the Contest, and to the maximum extent permitted by law, each Participant agrees to and hereby releases all of the Sponsor Entities and any of their directors, officers, employees, and agents from any and all liability, losses, costs, damages, or injuries arising out of his/her participation in this Contest, with respect to the awarding, receipt, use and/or misuse of any Prize, or participation in any other Prize-related travel or other activity, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. “Sponsor Entities” means Sponsor, its parent, subsidiary and related entities, and any entity involved in the marketing, promotion and administration of the Contest.
15. PERSONAL INFORMATION.
16. PERMISSION TO USE NAME AND LIKENESS.
By participating in the Contest, Participants agree that their name, image, likeness, and city of residence may be used for any advertising and promotional purposes at Sponsor’s discretion in any and all media now known or hereinafter developed without territorial or time limitations, or right of approval, and for no additional compensation, except where prohibited or restricted by law.
17. WINNER’S LIST.
The Grand Prize Winner’s name and hometown will be posted on the Contest Website on or after July 1, 2015.
18. GENERAL PROVISIONS.
• DISQUALIFICATION. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY PARTICIPANT FOUND TAMPERING WITH THE ENTRY PROCESS OR WITH THE OPERATION OF THE CONTEST, OR ENGAGING IN ANY FORM OF FRAUDULENT ACTIVITY, CHEATING OR UNSPORTSMANLIKE CONDUCT, OR VIOLATING THESE CONTEST TERMS. ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF SUCH PARTICIPANT. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
• Disclaimers. PARTICIPANTS AGREE THAT THE CONTEST WEBSITE AND ANY PRIZE AWARDED ARE BEING PROVIDED “AS IS”, AND THAT THE SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING THE CONTEST WEBSITE OR THE PRIZES, INCLUDING, BUT NOT LIMITED TO, THEIR QUALITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SPONSOR ENTITIES MAKE NO WARRANTY THAT (i) THE CONTEST WEBSITE AND ANY CONTENT, FEATURES, OR FUNCTIONALITY OFFERED THEREON: (a) WILL MEET ANY REQUIREMENTS; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (ii) THERE WILL BE NO ERRORS IN THE CONTEST WEBSITE OR ANY CONTENT, FEATURES, OR FUNCTIONALITY OFFERED THEREON. THE SPONSOR ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE CONTEST WEBSITE OR ANY CONTENT OBTAINED FROM THE CONTEST WEBSITE.
• No Viruses. Participants agree to not upload, post, or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses, or other harmful components or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
• Cancellation. Sponsor reserves the right to cancel, postpone, extend the deadlines, or end the Contest or any Game at any time, in its sole discretion. Without limiting the foregoing, Sponsor reserves the right to modify, suspend, or terminate this Contest in the event that it becomes infected by a computer virus or is otherwise technically impaired or if the Contest cannot be conducted as planned by causes beyond the control of the Sponsor.
• Governing Law. All claims arising out of this Contest and all issues and questions concerning the construction, validity, interpretation, and enforceability of the Contest Terms, or the rights of Participants, shall be governed by and construed in accordance with the laws of the state of New York and the United States of America, without regard to conflicts of law principles.
• Dispute Resolution. All disputes, controversies, or claims arising out of or related to the Contest shall be submitted for arbitration to be administered by the American Arbitration Association ("AAA") on demand of either party. Such proceeding shall be conducted in the English language in New York City, United States of America, before one (1) arbitrator and shall be conducted in accordance with the then current Consumer Arbitration Rules of the AAA, as amended by these Contest Terms. The arbitrator shall not be permitted to award punitive, exemplary or enhanced damages. The decision of the arbitrator shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually without resort to any form of class action. No claim for arbitration under this provision may be made more than one (1) year after the date the Grand Prize Winner of the Contest is announced.
• LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
• The Contest is subject to all applicable U.S. federal, state, and local laws.
• The invalidity or unenforceability of any provision of these Contest Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Kuma Games, 15 W36th St, New York, NY 10018 THIS CONTEST IS NOT SPONSORED, ENDORSED OR AFFILIATED WITH PG&E.
YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE SITE.
1. USER ELIGIBILITY.
The Site is provided by Kuma and is available only to people and entities who can form legally binding agreements. If you do not qualify, do not use the Site.
2. LICENSE AND SITE ACCESS.
Kuma grants you a limited, nontransferable, non-sublicensable, revocable worldwide license to access and make use of the Site. You may view and print limited quantities of material from the Site that Kuma has expressly permitted on the Site, as long as the material is used by you for information only, without further copying, and the material is used only for non-commercial purposes. Any rights not expressly granted by this agreement are reserved by Kuma.
3. INTELLECTUAL-PROPERTY OWNERSHIP AND USE.
Any intellectual property associated with the Site, including content and the trademarks, service marks, trade dress, copyrights and patents appearing on the Site or referenced in it, are the sole property of Kuma or other parties. Any rights associated with any intellectual property are retained by its owner, and are protected by applicable law. This agreement expressly prohibits any use of any intellectual property associated with the Site except as specified in Section 2, or as otherwise expressly authorized by Kuma in writing. You acknowledge that Kuma or its third-party licensors, as the case may be, own all right, title and interest, including without limitation, all copyright, trademark, patent, trade secret and all other intellectual-property rights, and any changes, modifications improvements, or corrections to them and derivative works of them in all portions of the Site including, without limitation, the Client Application, all games, all software content, media, text and materials in the games and on the website, all encryption and download technology, and all data or information derived or generated or maintained by Kuma as a result of your interaction with, access to, or use of, the Site. You agree not to alter or remove any copyright or other proprietary rights notice or identification which indicates Kuma's or a third parties ownership of any materials, or insert any copyright or other proprietary rights notice or identification which indicates ownership by any person or entity other than as designated by Kuma. Additionally:
1. Associated Press ("AP") and other, similar proprietary text, photographic, audio and video material used in connection with the Website and the Kuma Online Service shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither the AP materials, similar materials nor any portion of them, may be stored in a computer except for personal and non-commercial use. Neither AP nor other proprietary party or licensee shall be held liable in any way to you or to any third party or to any other person who may receive information used in connection with the Website or the Kuma Online Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part of them or for any damages arising from any of the foregoing or occasioned thereby.
2.Kuma Game applications contain code and other materials licensed from Nvidia and Valve Corporation.
3.Kuma Game applications use OGG VORBIS software to play music, sounds and speech: The OGG VORBIS software is © 2006, Xiph.Org Foundation. Redistribution and use of the OGG VORBIS software in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. This software is provided by the copyright holders and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the foundation or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
4.Portions of the Site use Havok™ Physics. ©Copyright 1999-2003 Havok.com Inc. (and its Licensors). All Rights Reserved. See www.havok.com for details.
5.The Site utilizes the Akamai NetSession Interface. The Akamai NetSession Interface is secure client-side networking technology that harnesses the power of your computer to deliver software and media available on the Akamai network, improving the speed, reliability, and efficiency of content downloaded from the Web. Your Akamai NetSession Interface works collectively with other Akamai NetSession Interfaces, along with thousands of Akamai edge servers, and runs as a networking service utilizing a limited amount of your computer's available resources and upload bandwidth. More information about the Akamai NetSession Interface is available www.akamai.com/client/. By agreeing to the terms and conditions of the Kuma Online Service, you are also agreeing to the Akamai License Agreement, available here: Please read the Akamai License Agreement carefully.
6.Dogfights © 2006 A&E Television Networks. Dogfights, the "H" logo and The History Channel are trademarks of A&E Television Networks.
7.The Kill Point © 2007 Spike TV. The Kill Point is a trademark of Spike TV.
8. Games on this site, may use the Path library pathfinding system Copyright © 2008 Angry Ant. Reuse of the game’s audio or visual components (including sound files in wav or ogg formats) is a violation of international copyright and is strictly prohibited.
4. RESTRICTIONS ON USE.
5. PRODUCT AND SERVICE INFORMATION.
The Site provides users with information regarding current and upcoming Kuma products and services and promotional offers. Kuma cannot guarantee that any particular product or service or promotional offer displayed on the Site will be available at any time or will ever be made available at all. Certain products or services or promotional offers may, without notice, be withdrawn or made subject to restrictions, whether as to quantity, minimum age requirements, or otherwise. Product and service descriptions and promotional offers on the Site may contain errors due to equipment or other technical issues, the possibility of typographical error, and product and service descriptions and promotional offers may not be complete, current or accurate.
6. YOUR INFORMATION AND PRIVACY CONSIDERATIONS. EFfective: December 1, 2014
Kuma values your privacy. In this Section (the “Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to the Site or from persons that use our online games or other services (“Services”)
How We Use Your Information
We use the information that we gather about you for the following purposes:
• To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
• To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
• To administer sweepstakes, contests, and other promotions we may conduct from time to time through the Site.
• For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about Services or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
• To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes.
How We Share Your Information
We may share the information that we collect about you, including personally identifiable information, as follows:
• Affiliates. We may disclose the information we collect from you to our affiliated entities; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
• Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors, or agents who perform functions on our behalf.
• Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets or the assets of any of our restaurants are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or this Policy, or as evidence in litigation in which Kuma is involved.
• Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research, or similar purposes. You acknowledge and agree that we may share your communications with us and other end-users, as well as your Site usage, play results, survey responses, and other activities.
We reserve the right to use "cookies," which are small computer files we would thereby transfer to your computer´s hard drive to allow us to monitor Site usage and to personalize your experience of our Site and Services. You have the ability to accept or decline cookies, but if you choose to decline cookies, performance of the Site might be adversely affected. There are two types of cookies: session and persistent cookies.
• Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
• Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity
Third Party Analytics and Tracking.
Do Not Track Disclosures
We do not track our visitors over time and across third party websites to provide targeted advertising and therefore we do not respond to Do Not Track (DNT) signals.
Websites linked to the Site are likely governed by their own policies. Kuma is not responsible for those policies and expressly disclaims any liability relating to any aspect of any such linked site.
If you request any technical support, you consent to our remote access and review for the express purpose of providing that support and for debugging.
You agree that we may communicate with you via e-mail, instant messaging, chat, voice chat, posts to private and public areas, and any similar technology for any purpose relating to the Site and any associated Kuma Services, as well as Services or software that may in the future be provided by us or on our behalf. If, at any time, you prefer not to receive further email communications from Kuma (except in connection with information, products, or Services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast email that is sent to you by Kuma).
Security of My Personal Information
We have implemented commercially reasonable precautions, including, where appropriate, password protection, encryption, SSL, firewalls, and internal restrictions on who may access data to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your accounts and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Access To My Personal Information
You may request access and modify personal information that you have submitted by emailing us at firstname.lastname@example.org.
Children Under 13
Our Site is not designed or intended for use by children under 13 and we do not collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.
7. DISCLOSURE OF CONTENT MONITORING.
In addition to the foregoing, Kuma reserves the right to disclose information gathered from the Site and any Kuma service associated with it if required to do so by law or if done in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, Site and Kuma service benefits, property or personal safety of Kuma, Site users or the public. You therefore authorize us to disclose any information about you to effectuate that purpose as we, in our sole discretion, believe necessary or appropriate.
8. NO WARRANTY.
The site, including any content or information contained within it and any linked website, is provided "as is" and "as available." TO THE FULLEST EXTENT PERMITTED BY LAW, KUMA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Without limitation to the foregoing, Kuma makes no representation or warranty of any kind as to the Site or any linked content or website, (a) that there will be no interference with your enjoyment of the Site; (b) that information provided to you will fulfill any particular purpose or need; (c) that information is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the Site will otherwise meet any specifications, requirements or expectations; (f) that the Site will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the Site will be accurate and reliable; or (h) that any errors in the content of the Site will be corrected. You understand that the Website and Kuma Online Service are provided "AS IS" and in their respective present state and condition. No warranty or representation, express or implied, written or oral, statutory or otherwise, as to the condition, quality, availability, durability, performance, non-infringement, merchantability, or fitness for a particular purpose or use of the Site is given or assumed by or any of its affiliates, or any of their respective officers, directors, employees, agents, representatives, successors or assigns and all such warranties and representations are hereby disclaimed to the fullest extent permitted by law. Kuma makes no representation or warranty with respect to the accuracy or completeness of the information or data produced or displayed in connection with the Site. Kuma does not guarantee continuous, uninterrupted, or secure access to the Website and Kuma Online Service and access to such may be interfered with by numerous factors outside the control of Kuma. Kuma is not liable for any damages of any type caused by any such interference. You assume any and all risk associated with the access or use of, or exchange of content, data or information with the Site.
9. LIMITATION OF LIABILITY.
Kuma shall have no liability for the deletion of any communications or information collected, maintained or transmitted by the Site or the failure to store any information, including personalized settings. Kuma shall have no liability with respect to any information posted by users on chat rooms or bulletin boards provided to users at any time. You acknowledge that certain portions of the Site may use or communicate with software developed by third parties or with third-party Internet service providers not under the control of Kuma ("Third Party Software and Services"). You agree to look solely to any such third parties for remedies, losses or damages related to Third Party Software and Services. IN NO EVENT SHALL KUMA, ITS AFFILIATES OR EQUITY HOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO, OR THE USE OR ATTEMPTED USE OF, THE SITE OR ANY GAME, CONTENT OR LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. IN NO EVENT SHALL KUMA'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM, EXCEED THE AGGREGATE AMOUNT OF FEES PAID TO KUMA BY YOU DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS BEFORE THAT CLAIM IS BROUGHT.
You hereby indemnify and hold harmless, and hereby release, Kuma and its affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, and expenses, including reasonable legal fees, incurred directly or indirectly, by Kuma or its affiliates, or their respective officers, directors, employees, agents, successors or assigns that arise out of, or relate to, a breach or non-performance by you of your representations, warranties or obligations under this agreement.
Kuma may, in its sole discretion, terminate your use of the Site or cancel or terminate this agreement for any reason, without prior notice. Upon termination or cancellation of this agreement, you will immediately discontinue use of the Site. In its sole discretion, and at any time, Kuma may also discontinue providing the Site or any part of it, with or without notice. Kuma shall not be liable to you or any third party for any of the foregoing. Sections 3, 6, 7, 8, 9, 10, 11, 12, 13 and 14 shall survive termination of this agreement.
13. JURISDICTION AND CHOICE OF LAW.
All claims regarding the Site shall be governed according to the laws of the State of New York, United States of America, without regard to its conflicts of law principles. Any claim or action arising under this agreement shall be subject to the exclusive jurisdiction of courts in New York County, United States of America. Kuma makes no representations or warranties that materials on the Site are appropriate or available for use in any particular location; accessing the Site from any territory in which its content is illegal is not permitted or sanctioned by Kuma. All e-mail notices to Kuma, including notifications under the Digitial Millenium Copyright Act, must be directed to email@example.com
The Site, or parts of it, may be provided, hosted, serviced or maintained by one or more third parties. Neither Kuma nor any such third party shall have any obligation under this agreement to correct any bugs, defects or errors in any part of the Site or to otherwise support, update or maintain any part of the Site. Kuma or its designee may provide support coverage solely for registered users of the Site using support tools such as on-line documentation, e-mail, help screens, and forum or chat rooms, that Kuma may decide to provide from time to time, in its sole discretion.
You may not assign or otherwise transfer any license or rights granted under this agreement or delegate its obligations without the express written consent of Kuma, which consent may be withheld for any reason. In the event any provision of this agreement is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to be enforceable and fulfill the purposes of this agreement, and the remaining provisions of this agreement will remain in full force and effect. Waiver by either party of any default or breach of this agreement shall not constitute a waiver of any other or subsequent default or breach. Kuma games are works of fiction. Any Kuma game that is based on real-world events is only representational and not an accurate depiction of real-world events. You should not rely on the accuracy of any Kuma game for any purpose, and under no circumstances should you seek to imitate any game experience in real life.
17. COMPLETE AGREEMENT.
This agreement constitutes the entire agreement between you and Kuma with respect to use of the Site, superseding any other agreement between you and Kuma with respect to the subject matter of this agreement. Section headings in this agreement are for convenience only and have no legal or contractual effect. If any provision of this agreement is found to be unenforceable, the other provisions shall still remain in full force and effect. By using any portion of the Site, you agree to be bound by the terms of this agreement and hereby acknowledge that you have read and agree to be bound by the terms and conditions of this agreement.