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Welcome to the That Question Game mobile game (“App”), website (“Site”) and the services available through both the Site and the App (collectively, “Services”). These Terms of Use (“Terms”) sets forth the agreement between Keoch Ventures, its parent, subsidiaries and other affiliated companies (collectively, "Keoch" or "we") and each user ("you" or "user") governing the use by you of the Services. If such user is under 18 (or the minimum legal age of adulthood in your country), then “you” or “your” means the user’s parent or legal guardian entering into these Terms on the user’s behalf. Please read these Terms carefully before using the Services. By using the Site, App and Services, you agree to be bound by these Terms. By clicking on the “I Accept” button, completing the registration process, and/or downloading, and/or using the App, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Keoch, and (3) you have the authority to enter into these Terms personally or on behalf of the company you have named as the user, and to bind that company to the Terms. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES.
PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND KEOCH TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the App and Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration and by changing the "Last Updated" date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the App and/or Site following the posting of changes to these Terms will mean you accept those changes.
In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
When you download the App, an account will be automatically created for you via Google Play or iOS Game Center when you first access the Services (“Account”). Such information that may be displayed through the App is your username, country, age and your name. You also agree not to sell, transfer, or share your Account, or your Account’s username or password, and you agree to notify us immediately if you suspect any unauthorized use of your Account. We have the right to deny the creation of any Account, for any legitimate reason, and we reserve the right to terminate any Account that violates these Terms in accordance with the termination provisions below.
You, or any person under your supervision, should only use the Services if you, or the person under your supervision, are above the minimum age rating for the applicable Service. Minors under 18 (or the legal age of adulthood in your country), must ask their parent or guardian to review and explain these Terms to them, and to agree to these Terms on their behalf. If you accept these Terms on behalf of a minor, you should supervise the minor’s use of the Services, including any Virtual Items or Account used by such minor. If you are the parent or guardian of a minor and you agreed to these Terms on their behalf, you agree that you will be responsible for all uses of the Services, including any Virtual Items or Accounts, by your child whether or not such uses were explicitly authorized by you. You are legally and financially responsible for all of your actions while using or accessing the Services, including the actions of anyone you allow to access the Services or your Account.
“Virtual Items” means any virtual currency, goods, or any other in-game virtual asset made available, purchased from a Digital Storefront, earned, or otherwise acquired through the Services. Virtual Items are licensed under the terms of these Terms and nothing herein shall be interpreted as transferring any rights or ownership interest in such Virtual Items to you. Virtual Items are only available to users in certain locations, and, unless otherwise stated in your agreement with the relevant Digital Storefront, you may not purchase or use Virtual Items if you are not in an approved location. Virtual Items may only be redeemed for content made available through the Services, which is generally game-specific. Virtual Items have no monetary value, cannot be used outside of the Services, and may not be sold, transferred or redeemed for real money or items of value outside of the Services unless subject to separate, express written terms provided by Keoch permitting such conduct. We have the right to modify, delete, move, remove, or suspend any Virtual Items at any time with or without notice to you and with no liability of any kind to you. We may limit the total amount of Virtual Items that may be held in your Account. We may limit the period of time during which you may hold or use Virtual Items related to the App or other aspect of the Services. Additionally, the price and availability of Virtual Items to purchase or acquire are subject to change. You agree that you have no ownership or other rights in or to any Virtual Items or your Account.
Prices for all Virtual Content exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the fullest extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.
You agree that all sales by Keoch to you of Virtual Items are final, that we will not refund any transaction once it has been made. Notwithstanding the foregoing, if you are resident in the European Economic Area, you have the right to withdraw from the purchase and the associated purchase terms (which may be set out by the applicable payment intermediary for the purchase, for example Google or Apple) within fourteen (14) calendar days. However, as a resident in the European Economic Area, you agree that when you purchase Virtual Items from us, you request immediate performance and that you understand this means you will lose your statutory right to withdraw from your purchase and the associated terms once you access and use the Virtual Items. If you are resident in the United Kingdom, when you purchase Virtual Items and we immediately supply the Virtual Items to you, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from your purchase and the associated terms.
Any dispute with a purchase must be directed to the Google Play store or Apple’s iOS Game Center.
Purchases of Virtual Items may require you to pay a fee through a storefront operated by Google or Apple, depending on your device operating platform (each a “Digital Storefront”). Your contractual partner in providing these Services and Virtual Items to you will be the Digital Storefront. Your purchase through the Digital Storefront is subject to any applicable terms or conditions imposed by the Digital Storefront (“Storefront Terms”), all of which are incorporated herein by reference. You are responsible for all charges in relation to your purchase from such Digital Storefront and must provide accurate and complete payment information to the Digital Storefront. We may suspend or cancel the applicable supply of Virtual Items if the Digital Storefront informs us that they did not receive full payment from you after reasonable prior notification, or if you obtain, or attempt to obtain, refunds in violation of the applicable Digital Storefront’s policies. Suspension or cancellation of the Services or Virtual Items for non-payment to the Digital Storefront could result in a loss of access to and use of your Account and any Services. For the avoidance of doubt, we have no liability to you in the event that your access to any of the Services is terminated by a Digital Storefront as a result of your breach of their Storefront Terms.
Keoch is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes or modifications to the App or its Services, including its core functionality, at any time and for any reason.
When you download our App, you may do so through a third party’s App Store (ie – Apple App Store or Google Play Store). You acknowledge that these Terms are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App.
These Terms grant you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to use the App on any IOS or Android mobile device. The Terms do not allow you to use the App on any mobile device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You will not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). Any attempt to do so is a violation of the rights of Keoch and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by Keoch that replace and/or supplement the original App, unless such upgrade is accompanied by separate terms of use in which case those terms of use of use will govern.
You may use the App only to the extent that you obey all laws, rules, and regulations applicable to your use of the App. While we want you to enjoy the App, you may not, nor may you permit any third party to do any of the following:
Unless otherwise noted all (1) information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, animation, concepts, audio-visual effects, virtual goods and in-game currency (including Virtual Items), interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services, Virtual Items, or your Account, and all other copyrightable material; (2) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including ours; and (3) other forms of intellectual property available as part of the Services (“Content”) are copyrights, patents, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Keoch. The Services as a whole are protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Keoch.
The material and content accessible from this App, Site, and any other website or mobile application owned, operated, licensed, or otherwise controlled by Keoch is the proprietary information of Keoch or the party that provided or licensed the content to Keoch, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Keoch. Modification or use of the content except as expressly provided in these Terms violates Keoch’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this App. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to view and display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
User Content License. You are solely responsible for, and assume all liability regarding, any information and content you provide or otherwise make available on the Services, including the text, videos and images in your Account, that you post or upload to the Services or provided to any other user (“User Content”). You agree not to include any contact or personal information in uploaded or distributed audio or audio-visual content, viewable by other users. By making available any User Content on or through the Services, you
By submitting any User Content, you hereby grant us an irrevocable, worldwide, royalty-free, non-exclusive and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit Your User Content within or via the Services or for any other commercial and non-commercial purpose related to the Services, including but not limited to the improvement of the Services, without compensation or notice, for the full duration of the intellectual property rights pertaining to User Content (including all revivals, reversions, and extensions of those rights). Without limiting the foregoing, the rights licensed to Keoch herein explicitly include the right for Keoch to allow other users to use User Content as part of our operation of the Services. By creating, uploading, or distributing User Content to or via the Services, you represent to us that you own any rights in and to the User Content on a sole and unencumbered basis, and that any such rights you grant to us in this Section, and our exploitation of those rights, will not violate or infringe the rights of any third parties.
Keoch takes no responsibility and assumes no liability for anything sent or posted through the App, or for any loss or damage resulting therefrom. Your use of the App and Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. Keoch reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, including User Content, in whole or in part, in Keoch's sole discretion.
Copyright Policy. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. You represent and warrant that:
DMCA Notice. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We always strive to provide complete, accurate, up-to-date information on our App or Site. Unfortunately, despite those efforts, human or technological errors may occur. This App or Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing or availability or descriptions and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions at any time.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the App or Site, or as a function of the Service, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the App or Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
You may deactivate or remove your Account at any time for any reason by contacting us at TQG@thatquestionsgame.com or through your Account on the App.
For any Services, Virtual Items, and/or Account provided to you for an indefinite period of time, we have the right to terminate these Terms and your access to the Services, Virtual Items and your Account, or cease providing such Services, at any time for any reason in our sole discretion. If we have reasonable means to contact you and where practicable, we will try to inform you reasonably in advance of any such termination or cessation of Services taking effect. Where it is not practicable to inform you in advance, we will try to inform you promptly afterwards. If your habitual residency is in Germany, the right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
We may immediately terminate or suspend your right to access any aspect of the Services, Virtual Items, Content, and/or your Account if you: breach these Terms; use the Services, Virtual Items, or your Account fraudulently, illegally or in any manner other than for its intended purposes; initiate any adverse proceeding against us; or if we are under a legal obligation to do so. If we decide to terminate or suspend your right to access some or all of the Services, Virtual Items, or your Account, we will try to inform you in advance of such termination or suspension unless the action is taken under a legal obligation that does not require us to inform you or if it is not practicable for us to do so.
You acknowledge and agree that if these Terms are terminated (or we end your right to access any of the Services, Virtual Items, Content, or your Account in accordance with the terms of these Terms), the licenses granted to you under these Terms (or in respect of such Services, Virtual Items, Content, or Account) shall immediately terminate. Subject to applicable law, Keoch reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Keoch will have no further obligation to provide any services.
Our App allows you to play socially with or against other users. You may be able to:
Where Keoch selects another user or opponent for you, or groups you with other users for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (for example, your past scores, your country, or the level you have reached in the App or your other gameplay activity).
By accessing and/or playing our App you agree that your display name, scores, avatar, country location, online/offline status and other related details may be used and displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our App or within our marketing. You also understand that other users may find you by searching for you with your email address, only if another user already knows your email address to search for you. Please note that we will only show your display name publicly, and not your email address. For more information, please read our Privacy Policy.
Some of our App may include functionality that may allow you to participate in video with other users. You may be able to participate in video chat with other players or send messages to Keoch customer services.
For the purposes of this Section, “Services” includes Virtual Items and your Account; and “Material” means Your User Content and any Custom Content you create.
No Illegal Conduct or Unauthorized Commercial Exploitation. You agree that:
Code of Conduct. You agree that:
No Technical Exploits. You agree that:
Supporting or Encouraging Violations. You agree that you will not provide material support to another user’s violation or attempted violation of these Terms. This includes providing financial support; know-how, expertise, or other assistance; or repeated encouragement to engage in conduct that violates these Terms.
Consequences for Violations. Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. If you breach the Terms, including without limitation the User Rules in this Section (as amended from time to time), Keoch reserves the right to take adverse action against you including, without limitation: resetting some or all in-game progress associated with your Account; suspending your access to some or all of the Services, Virtual Items, or your Account; terminating your access to some or all of the Services, Virtual Items, or closing your Account in accordance with the termination provisions below; barring you from creating an Account or accessing the Services in the future; or taking appropriate legal action to enforce these Terms or our other rights under applicable law. We may notify law enforcement or other government agency or regulatory body, and provide any associated personal data as set out in our Privacy Policy if the breach involves a threat to the life or safety of yourself or others, or any other activity that we believe to be unlawful. We reserve the right to take adverse action against you based on information we might receive from third parties including, without limitation, other users, law enforcement, government agencies or other regulatory authorities. We are not liable for any violation of these Terms by you or by any other user.
Monitoring; User Tools and Automated Systems. We may (but are not obligated to) actively monitor use of the Services for a variety of different purposes, including preventing cheating and hacking; ensuring your compliance with these Terms; enforcing the terms of these Terms; and improving the Services.
The Services may employ moderation and filtering systems, such as automated word filters and content or symbol-recognition software, which are intended to prevent or cease the distribution of Material that violates these Terms. The Services may also include tools to enable users to control their interactions with other users, such as allowing users to opt-in to in-game text chat or voice communications, or to enable users to “mute” or block other users. The Services may feature reporting tools, either in-game or via dedicated support websites, through which users can report violations for our review.
The features and tools described above may incorporate algorithms, artificial intelligence, machine learning, or other automated systems to help us accomplish the purposes described in this Section at the scale and scope needed to effectively maintain the Services for our users.
You assume all risk when using the Services, including but not limited to all of the risks associated with any online interactions with others as part of the App. We are not responsible for the conduct of other users. You agree to take all necessary and appropriate precautions when sharing your personal information and communicating with other users. You understand that we do not (except as described in these Terms) conduct background checks, or verify the identity, profiles, or any other User Content. You are under no obligation to use the Services or continue to communicate with any user.
You agree to indemnify, defend and hold harmless Keoch and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, actions, demands, liabilities and settlements, including but not limited to, reasonable attorneys’ fees costs, and accounting fees due to or arising out of your breach of these Terms or the documents they incorporate by reference, your User Content, your negligence, your actions or inactions, personal or property damage, or your violation of any law or the rights of a third-party.
Keoch reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Keoch in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.
You agree to defend, indemnify and hold harmless Keoch from and against any and all direct liabilities, damages, losses arising out of or in connection with:
The following disclaimers are made on behalf of Keoch, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KEOCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE SERVICES OR ANY THIRD-PARTY SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES, ANY CONTENT OR ANY USER CONTENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL KEOCH OR ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO OR ARISING OUT OF YOUR USE OF THE APP, SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. IN NO EVENT SHALL KEOCH, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY ASPECT OF THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE, OR THAT ANY ASPECT OF THE SERVICES WILL MEET YOUR NEEDS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR APP AND SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY PRODUCTS OR SERVICES LINKED TO THEM.
You hereby release Keoch and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the App, including but not limited to, any interactions with or conduct of other users or third-party applications or websites of any kind arising in connection with or as a result of the Terms or your use of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Keoch or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
A very small percentage of individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights, including some of the visual effects that appear in certain video games. Symptoms may even be experienced by individuals with no history of epilepsy or photosensitivity. If you or anyone in your family have an epileptic or photosensitivity condition, please consult your physician before playing the App.
If you experience any of the following symptoms while playing on the App, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
In case of force majeure, we are not obliged to fulfill our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, pandemics, epidemics, unavailability of locations, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the App or Site, inability to process payment or other third-party obligations.
Although this App may be accessible worldwide, we make no representation that the App itself or materials on this App or the Services provided through this App are appropriate or available for use in locations outside the United States of America. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Keoch, or any products or services utilizing such data, in violation of the United States export laws or regulations.
In the event of any dispute, controversy or claim between the parties hereto arising out of or relating to these Terms, the parties shall first seek to resolve the dispute in good faith through informal discussion. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and then proceed with mediation.
Mandatory Binding Arbitration. The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and these Terms, these Terms shall apply. The parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. The language of the arbitration shall be English. The arbitrator may grant injunctions or other relief in such dispute or controversy. The arbitrator’s decision shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both You and Keoch may take one deposition of the opposing party, limited to 4 hours. If the parties cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. Notwithstanding the foregoing, the arbitrator shall not have jurisdiction over any dispute relating to ownership, infringement or misappropriation of a party’s intellectual property or confidentiality rights unless the parties specifically so agree in writing in such matter, and either party may (after attempting informal resolution as provided above) submit any such dispute to any court in accordance with “Governing Law” section below, and may apply to any such court for injunctive relief in connection therewith. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location you and Keoch mutually agreed upon in writing.
CLASS ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER AGREES THAT, BY ENTERING INTO THESE TERMS, USER AND KEOCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.
In any lawsuit in which (1) the complaint is filed as a class action or collective action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from these Terms and in such instances, the class action, collective action must be litigated in a civil court of competent jurisdiction and not as a class or collective.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from these Terms and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
You shall not have the right to assign these Terms, any documents incorporated by reference or any part of the results and proceeds to any third party. Keoch may assign these Terms at their sole discretion to any other party.
All notices given hereunder shall be in writing (email acceptable), and shall be sent by registered mail to the parties at their respective addresses. Either party may, by like notice, designate a different address for the serving of notices.
In the event that any dispute between you and us should result in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses. In addition to the foregoing award of attorneys’ fees, the prevailing party shall be entitled to its attorneys’ fees incurred in any post judgment proceedings to enforce any such judgment.
These Terms shall be binding upon, and inure to the benefit of, the heirs, executors, administrators, successors and assigns of the parties [unless to the contrary specifically provided in any particular covenant, term or condition hereof].
The remedies under these Terms are cumulative and shall not exclude any other remedies to which any person may be lawfully entitled.
The communications between you and Keoch use electronic means, whether you download and use the App or send Keoch e-mails, or whether Keoch posts notices on the App or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Keoch in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Keoch provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
In the event any claim is made by either party, relating to any conflict, omission or ambiguity in these Terms, no presumption or burden of proof or persuasion shall be implied by virtue of the fact that these Terms was prepared by or at the request of a particular party or their counsel.
The waiver by Keoch of any breach or default shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of Keoch to enforce or exercise any of the provisions hereof shall not be construed to be a waiver of the right of Keoch thereafter to enforce such provisions.
These Terms, our Privacy Policy and any policies or operating rules posted by us on this App or in respect to the App or Site constitute the entire agreement and understanding between you and us and govern your use of the App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties consent and voluntarily submit to personal jurisdiction in the in the courts in California located in Los Angeles County in any proceeding dispute or claim arising out of or in connection herewith, including any dispute or claim regarding its subject matter, formation, validity, termination or breach thereof, whether sounding in contract, tort, or otherwise, and any such proceeding, dispute or claim shall be decided solely and exclusively by the state or federal courts located in Los Angeles County, California and in no other.
Keoch Ventures
TQG@thatquestionsgame.com
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