The Kapow mobile, software, design, servers, data, user input, content, website available at www.kapow.games (“Website”), and associated services (collectively “Services” or “App”) are owned and operated by Riva FZC (“Kapow”), a company incorporated under the laws of the United Arab Emirates and having its registered office at Business Center , Business Park, RAK Economic Zone, Ras Al Khaimah, United Arab Emirates and are licensed to you in accordance with the terms of this End User License Agreement (“Agreement”).
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE YOU INSTALL AND RUN THIS APP ON YOUR DEVICE. YOUR INSTALLATION, USE, OR OPERATION OF THIS APP CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND MUST TERMINATE YOUR USE OF AND UNINSTALL THE APP IMMEDIATELY. THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY ITUNES AGREEMENT REQUIRED BY APPLE AND ANY GOOGLE PLAY AGREEMENT REQUIRED BY GOOGLE IN ORDER TO DOWNLOAD AND USE THE APP.
The App enables its users (“Users” or “you”) to play games online. The App presents the highest scores and rankings of all the players . In some countries, the App also enables App users on Android to earn money on inviting other users which can be redeemed via PayTM (In India) or PayPal (In certain other countries where the option to earn money via Kapow is available). You are responsible for your use of the App, and for any consequences thereof.
The App is intended solely for persons who are 13 or older. If you are not 13 or older, do not use the App.
We reserve the right to modify, suspend, or terminate the App or your access to the App at any time, for any reason, and without notice or liability to you. We reserve the right to refuse access to the App to anyone for any reason at anytime. We shall not be liable to you or any third party should we exercise such right, in whole or in part.
You understand and acknowledge that the App is provided “AS IS.” We assume no responsibility for the creation, delivery, or deletion of User Content, or for the failure to store any User Content or settings on the App. You understand and acknowledge that temporary interruptions of the App may occur. You also understand and acknowledge that we have no control over third party services or content accessible through our App and therefore, we cannot control disruptions on, interactions with, or the performance of these other services.
By downloading and using the App, you agree that Kapow, and our designated persons and agents, may contact you by any available means, including, but not limited to, by email.
You acknowledge and agree that Kapow is a service provider and will not be held liable for any costs or fees incurred by you through your use of the App, including but not limited to mobile carrier fees, SMS or other text message fees, or payment provider fees.
Kapow does not guarantee that you will be able to play every game in every country. Kapow reserves the right to cancel or suspend services to or for any specific phone numbers, Facebook IDs, email addresses, telecommunications service providers, countries, states, or geographic regions, at any time and for any duration at our sole discretion.
The App is free to download, but Kapow reserves the right to charge a fee to download and/or use the App and any part thereof in the future.
You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder. You further warrant and agree that you are not prohibited from entering into this Agreement or prohibited from downloading or using the Services by any preexisting agreement or otherwise. You warrant and agree that you are a human individual that is at least thirteen (13) years of age or older. If you are thirteen (13) or older but under the age of eighteen (18), you should review this Agreement with your parent or guardian to make sure that you or your parent or guardian understand it and allows for your use of the App. You agree to comply, in good faith, with the terms of this Agreement.
All users of the Services further warrant the following:
You may not engage in the following prohibited activities while accessing or using the Service:
Kapow does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Services. Services are operated worldwide and Kapow makes no representation that its Services are appropriate, lawful, or available for use in your location. Kapow does not offer Services where prohibited by law. If you are in a jurisdiction in which use of the Services are prohibited by law, you may not use the Services.
The App and related materials, including but not limited to any text, names, marks, statistics, graphics, photos, images, sounds, music, videos, software, scripts and interactive features, as well as its associated data and services generated by us, is the property of, owned by and licensed through Kapow. Kapow grants you a limited, non-exclusive, royalty free, non-sublicensable, non-transferable, and non-assignable license to install and use one copy of the App in executable object code form to be used on a single mobile or portable device for non-commercial, personal purposes.
You are prohibited from copying, making derivative works of, modifying, publicly performing, publicly displaying, streaming, exploiting, broadcasting, decompiling, adapting, distributing, reproducing, republishing, scraping, transmitting, selling, posting, or hacking the App, in whole or in part, without the prior written consent of Kapow. You are prohibited from using the trademarks, service marks, design marks, and logos of Kapow, or any colorable imitation thereof, or any mark not owned or licensed by you, including, without limitation the terms “KAPOW” or the Kapow logo(s), as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of Kapow. The App is subject to all intellectual property laws, including but not limited to trademark, copyright, patent and other privacy and proprietary laws. All trademarks, images, copyrights or rights of publicity displayed in connection with your use of the App are the property of their respective owners.
You are prohibited from using the App for any use not explicitly stated in this Agreement, absent separate written agreement signed by Kapow and you pursuant to a binding agreement. Such unauthorized uses may include:
The Services may contain licensed materials from third parties and those third parties may enforce their rights in the event of a breach of this Agreement.
Downloading the Kapow App is free. In order to download and/or use the Services, you must provide certain information to register your mobile phone or additional phone(s) and device(s). You agree to provide Kapow with accurate, up to date, and complete information. Registered users understand and agree that they have an ongoing duty to update their personal information if and when it changes. Registered users agree to keep their accounts and devices secure from unauthorized access. Registered users alone are responsible for their accounts and devices, and accept full responsibility for any and all use of their accounts and devices, whether authorized or unauthorized. In the case of unauthorized access to an account, you agree to contact Kapow immediately. You are responsible for any charges to your account until Kapow is able to terminate or suspend your account.
By creating an account, you agree that Kapow, and our designated persons and agents, may contact you by any available means, including, but not limited to, by email, telephone, text messages, push notifications or messages within the Services.You may choose to opt out of such communication by contacting Kapow at firstname.lastname@example.org
Kapow reserves the right to restrict access to, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your account.
You understand and agree that Kapow provides gaming application and related services and takes no responsibility and cannot be held liable or responsible for any interaction between users of the Services, whether with advertisers, through accounts, with third-parties, or otherwise. Kapow makes no representations or warranties as to the truth or falsity of any information submitted to the App or provided by Kapow or any user of the App, or the legality, quality, or safety of the services offered through the App.
The App is free to download, but Kapow reserves the right to charge a fee to download and/or use the App and any part thereof in the future.
You may choose to close your account by notifying us by email at email@example.com. We will then terminate your account and you will lose access to your account. You also acknowledge that you will remain responsible for payment of all charges for Services up through termination.
If your account remains inactive for 12 months, we may elect, at our sole discretion, to terminate your account. If you wish to keep your account active, you may request an extension of this expiration period by notifying us by email at firstname.lastname@example.org. We may, at our sole discretion, grant an extension request. We may charge, at our sole discretion, a reactivation fee to reactivate a terminated account or to keep an account from expiring.
We reserve the right, at our sole discretion and for any reason, including, but not limited to, your breach of this Agreement or your unlawful use of the Services, to suspend, restrict, modify or terminate your account and your access to and use of the Services. If your account is suspended, restricted, modified, or terminated, you understand and agree that you are still responsible for any charges that accrue through the date that we fully process any such suspension, restriction, modification or termination. You agree to reimburse us for any reasonable costs we incur in collecting charges owed to us, including attorneys’ fees.
We also reserve the right, at our sole discretion and for any reason, to suspend, modify, restrict, or discontinue the Services at any time.
If you have any questions, concerns or complaints about our Services, you may contact our Customer Service through the feature provided within our App and on our website. Please allow up to 72 hours for a response email.
You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with the App, including but not limited to any vendor which provides access and download services (e.g., iTunes, Google Play), any network provider (e.g., AT&T, Verizon), any platform provider (e.g., iOS), or any hardware manufacturer (e.g., Apple iPhone, Android).
You acknowledge and agree that Kapow is an interactive computer service provider under Section 230 of the Communications Decency Act. You agree that Kapow will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious communications created by third parties, whether through the Services or otherwise.
The Services are not directed to persons under the age of thirteen (13) and Kapow will not knowingly collect personally identifiable information from children under the age of thirteen (13) absent the requirements set forth in this Agreement. If Kapow inadvertently collects personally identifiable information, Kapow will delete the personally identifiable information in accordance with its security protocols, upon notice .
Kapow encourages its users to submit comments, suggestions, error reports, support inquiries or feedback pertaining to the App. You acknowledge and agree that any feedback submitted to Kapow, including, but not limited to, any intellectual property or other proprietary information contained within that feedback, will become the exclusive property of Kapow. You agree to assign all right and title in or to any and all feedback that you submit to Kapow and execute any and all documents necessary to assign your rights to any and all feedback to Kapow upon Kapow request, including but not limited to any documents necessary to perfect Kapow rights in and to intellectual property or proprietary rights.
You acknowledge and agree that the nothing within the App will be construed to create a warranty of any kind. You acknowledge and agree that Kapow takes no responsibility for, is not obligated to monitor and cannot be held liable for all the information contained within or communicated through the App as provided by you, third parties, information sent to Kapow by third parties, and information intercepted by third parties. You agree to hold Kapow harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of the App, or misuse of the App.
KAPOW PROVIDES THE APP ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PATENT, TRADEMARK, COPYRIGHT, TRADE SECRETS OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE APP AT YOUR OWN RISK AND THAT KAPOW WILL NOT BE HELD LIABLE FOR ANY DEFECTS, ERRORS, OMISSIONS, BUGS, OR DOWNTIME. ANY ATTEMPT BY KAPOW TO MODIFY THE APP WILL NOT BE DEEMED TO BE A WAIVER OF THIS LIMITATION OF LIABILITY. KAPOW WILL NOT BE HELD LIABLE FOR ANY CONTENT CONTAINED WITHIN OR COMMUNICATED THROUGH THE APP.
KAPOW WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST INFORMATION ARISING OUT OF THE USE, WHETHER PROPER OR IMPROPER, OF THE APP, EVEN IF KAPOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KAPOW DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF, DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA, AUTHENTICATION INFORMATION, OR SERVICES. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY.
UNDER ANY CIRCUMSTANCES, YOU ACKNOWLEDGE AND AGREE THAT KAPOW MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO ANY AMOUNT THAT YOU MAY HAVE PAID FOR THE APP OR RELATED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES AND THE EXCLUSIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, hold harmless, and defend Kapow, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys fees, arising out of or in relation to your use of the App, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Kapow will survive the termination or failure of this Agreement and your use of the App. You acknowledge and agree that your obligation to defend Kapow will not provide you with the right to control Kapow defense and you expressly agree that Kapow has the right to direct and control its defense regardless of your obligation to defend Kapow. You shall not enter into any settlement of compromise of any indemnifiable claim without Kapow’s written consent.
You are expressly prohibited from assigning your rights or obligations under this Agreement without Kapow’s prior written consent. Kapow may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the Kapow business or in a sale of the App.
You agree that for all legal and non-legal purposes, the App is located in United Arab Emirates. You agree that the App does not give rise to personal jurisdiction over Kapow in jurisdictions other than the United Arab Emirates, except where otherwise agreed. This Agreement will be interpreted under and governed by the laws and legal principles of the Republic of Singapore, without regard to its conflicts of laws principles or statutes.
You and Kapow agree that in an effort to resolve any dispute that may arise under this Agreement or in connection with the Services, the parties will make a good faith effort to resolve any dispute by discussion prior to referring any matter to arbitration. If the parties are unable to resolve any dispute through discussion prior to arbitration within fifteen (15) days of commencing discussions, the dispute shall be referred to arbitration.
YOU AND KAPOW AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN THE REPUBLIC OF SINGAPORE AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE ARBITRATION ACT OR THE INTERNATIONAL ARBITRATION ACT AS APPROPRIATE. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE REPUBLIC OF SINGAPORE AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND KAPOW AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING ANYWHERE THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND KAPOW AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE REPUBLIC OF SINGAPORE IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND KAPOW HEREBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Kapow may, but is not obligated to participate in any dispute between users. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE KAPOW FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
No waiver of rights under this Agreement by either party will be recognized unless made in writing and signed by the party to be charged. This Agreement is solely between Kapow and you and will not confer any rights or remedies upon any third party, including third party beneficiaries. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
YOU AND KAPOW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST KAPOW ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The failure of or delay by either party to insist on strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other breach of this Agreement. No waiver shall be effective unless in writing and signed by the party to be bound.
Any notice under this Agreement or other contact must be sent via email to: email@example.com.
Thanks for reading this. :)