Welcome to the mobile game developed and provided by Kumukahi Labs LLC. These terms of service (“Terms”) govern your access to and use of the mobile game and any related services (collectively, the “Services”), so please read them carefully before using the Services.

AGREEMENT TO TERMS

By accessing or using the Services, you agree to be bound by these Terms, including the Privacy Policy, which is incorporated into these Terms. If you do not agree to these Terms, you may not access or use the Services.

CHANGES TO TERMS OR SERVICES

We reserve the right, at our sole discretion, to modify or replace these Terms or the Services at any time. If we make any material changes to these Terms or the Services, we will provide notice through the Services or by other means. Your continued use of the Services following the posting of any changes to these Terms or the Services constitutes acceptance of those changes.

LIMITED LICENSE; WHO MAY USE THE SERVICES

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. You must be at least 16 years of age or older to access or use the Services.

INTELLECTUAL PROPERTY RIGHTS

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (as defined below), are owned by Kumukahi Labs LLC or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

PRIVACY POLICY

Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, and disclose your personal information.

USER CONTENT AND MONITORING USE OF SERVICES

You are solely responsible for any User Content you submit or contribute to the Services. We reserve the right to monitor or remove any User Content, in our sole discretion, at any time and without notice to you. Further you agree:

a. You will not use our game for any illegal or unauthorized purpose;

b. You will not engage in any activity that interferes with or disrupts our game (or the servers and networks that are connected to our game);

c. You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;

d. You will not harass, threaten, or intimidate any other users of our game;

e. You will not use our game to engage in any commercial activities, including, without limitation, advertising or selling any goods or services;

f. You will not upload, distribute, or otherwise publish any User Content that is harmful, abusive, obscene, or otherwise objectionable,

CODE OF CONDUCT AND OUR ENFORCEMENT RIGHTS

You agree to abide by our Code of Conduct and acknowledge that we have the right, but not the obligation, to investigate and take appropriate legal action against any user who violates the Code of Conduct or these Terms.

YOUR INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

DMCA/COPYRIGHT POLICY

We respect the intellectual property rights of others and require that users of the Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our DMCA/Copyright Policy.

PAYMENT TERMS

The Services may include features or content that require payment. Any payment terms will be clearly disclosed at the time of purchase. All payments made in connection with the Services are non-refundable.

LINKS TO THIRD PARTY WEBSITES, RESOURCES, OR ADVERTISING

The Services may contain links to third-party websites, resources, or advertising. We are not responsible for the availability or accuracy of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

TERMINATION

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.

INDEMNITY

You agree to indemnify, defend, and hold harmless Kumukahi Labs

Warranty Disclaimers

THE GAME IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

Limitation of Liability

IN NO EVENT SHALL Kumukahi Labs LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR PERSONAL INJURY, ARISING FROM YOUR USE OF THE GAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE GAME (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GAME.

Time Limitation on Claims

Any claim or cause of action arising out of or related to your use of the Game must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of [insert state], without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in [insert county], and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Informal Dispute Resolution Process; Agreement to Arbitrate; Class Action and Representative Action Waiver

We will try to resolve any disputes with you quickly and efficiently. If you have any complaints or concerns about the Game, please contact us at [insert contact information]. If we cannot resolve the dispute through good faith negotiations, you agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. YOU AND Kumukahi Labs LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

California Notice

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to Kumukahi Labs LLC at [insert mailing address] with your electronic mail address and a request for these Terms.

Miscellaneous Terms

These Terms constitute the entire agreement between you and Kumukahi Labs LLC with respect to the Game and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Kumukahi Labs LLC. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Kumukahi Labs LLC’s failure to enforce any right or provision

CONTACT US

If you have any questions about these Terms or the Services, please contact us at [email protected]