Effective date: 20 december 2018
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Ghakilo may issue additional policies related to specific components of the Service (including, but not limited to, forums, contests, sweepstakes or loyalty programs). Your right to use the Service is subject to such relevant policies and these Terms of Service.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Ghakilo policies, Ghakilo grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
You shall not access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Ghakilo reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Ghakilo reserves the right to take action as a result, which may include prohibiting you from using the Service in whole or in part.
WITHOUT LIMITING ANY OTHER REMEDIES, GHAKILO MAY LIMIT, SUSPEND, TERMINATE OR MODIFY ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR GHAKILO SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND GHAKILO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE THE SERVICE FOR USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Ghakilo reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Ghakilo shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Ghakilo game client, and the Ghakilo game clients and server software) are owned by Ghakilo. Ghakilo reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
Ghakilo owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items or currency appearing or originating in any Ghakilo game, whether earned in a game or purchased from Ghakilo, or any other attributes stored on the Service.
The Service may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via the Service. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider.
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency" for use in Ghakilo games and (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
Ghakilo may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. Ghakilo shall have no liability to you or any third party in the event that Ghakilo exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Ghakilo, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Ghakilo games is a service provided by Ghakilo that commences immediately upon acceptance of your purchase.
You agree to pay all fees and applicable taxes incurred by you. Ghakilo may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT GHAKILO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS.
The data associated with your game play in Ghakilo games (including, without limitation, game progression, Virtual Items you purchased or Virtual Items you received without making a purchase) is stored locally on your device.
We will therefore not be able to restore any Virtual Item or other data associated with your game play to a different device if you lose your device or it is damaged.
Accordingly you acknowledge that :
You acknowledge that:
The Service may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively "User Contributions").
In exchange for use of the Service, you hereby grant Ghakilo a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Ghakilo's and other players' use and enjoyment of your User Contributions in connection with the Service and related goods and services under applicable law. This grant of license to Ghakilo, and the foregoing waiver of any applicable moral rights, survives any termination of these Terms of Service.
Ghakilo, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Ghakilo or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by Ghakilo without compensation to you or any third party and you grant Ghakilo a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
You understand that the Service is an evolving one. Ghakilo may require that you accept updates to the Service including Ghakilo's games you have installed on your device or computer. You acknowledge and agree that Ghakilo may update the Service, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Ghakilo’s games.
WITHOUT LIMITING GHAKILO'S LIABILITY UNDER SECTION 11 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GHAKILO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GHAKILO SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GHAKILO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, GHAKILO SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO GHAKILO IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO GHAKILO DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND GHAKILO'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH GHAKILO IS TO STOP USING THE SERVICE.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GHAKILO OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GHAKILO.
You agree to indemnify, defend and hold Ghakilo (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
If a dispute arises between you and Ghakilo, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://ghakilo.com/en/support. You agree that all disputes between you and Ghakilo shall be governed by the laws of France, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Ghakilo must be resolved exclusively by a court located in Paris, France.
You and Ghakilo can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST GHAKILO IN YOUR INDIVIDUAL CAPACITY.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Ghakilo shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Ghakilo.
You acknowledge that the rights granted and obligations made under these Terms of Service to Ghakilo are of a unique and irreplaceable nature, the loss of which shall irreparably harm Ghakilo and which cannot be replaced by monetary damages alone so that Ghakilo shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Ghakilo game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 11 (if any).
Ghakilo shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Ghakilo, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Ghakilo's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.