Terms of Service

Kung Fu Factory Terms of Use

The terms of use (hereinafter referred to as “Terms”) are entered into between you who use this application (hereinafter referred to as “you”) and Kung Fu Factory on using the game app (including any updated version or new version of the app to be announced by Kung Fu Factory in the future; hereinafter referred to as the “App”) for mobile devices provided by Kung Fu Factory, LLC. (hereinafter referred to as “Kung Fu Factory”).

Agree to the Terms

You shall agree to the Terms for using this App. In addition to the Terms, you shall also agree to any individual terms (hereinafter referred to as “Individual Terms”) separately set out by Kung Fu Factory. Furthermore, in the event that there are discrepancies between the Terms and any Individual Terms, the provisions in the Individual Terms shall prevail.

Changes to the Terms

Kung Fu Factory may at any time change the Terms and any Individual Terms (hereinafter collectively referred to as “Terms, etc.”) without any prior notice to you. If you use the App after a change is made to the Terms, etc., you shall be considered to have agreed to the modified Terms, etc.

License Details

Kung Fu Factory grants you a non-commercial, non-exclusive, non-assignable, and non-reusable license to use the App on the condition that you comply with the Terms.

If usage fees, methods of settlement, periods of use, methods of use, and other terms of use (hereinafter referred to as “Conditions of Use”) with respect to the services and contents to be provided within the App (including virtual currency set forth in Article 7; hereinafter collectively referred to as “Services, etc.”) are set forth separately within the Terms, etc., or within the App, you shall comply with such Conditions of Use. Kung Fu Factory may at any time change the Conditions of Use without prior notice to you. If you use the App after a change is made to the Conditions of Use, you shall be deemed to have accepted the modified Conditions of Use.

Even if “purchase”, “buy”, or “sale”, etc. is indicated within the App with respect to the Services, etc., being provided to be paid within the App, you could obtain only the right of use set forth in this Article, and any ownership rights, intellectual property rights, and any other rights to the contents shall not transfer to you.

Caution on Use

If you register any personal information when using the App, you shall provide truthful, accurate, and complete information, and always make corrections to keep the information up to date. You shall be responsible for managing the registration information, and Kung Fu Factory shall not assume any responsibility whatsoever for any loss in profits and damage incurred by you as a result of the registration information that is inaccurate or false.

When you register the password in order to use the App and a device such as a mobile phone or communication device (hereinafter referred to as “Device”) on which the App has been installed, you should at your own responsibility carefully manage such password to ensure that the password is not subject to unauthorized use. Kung Fu Factory may deem any act conducted on a Device in which the App has been installed, and any act that was made using the registered password, as an act made by you, in which case you shall be responsible for any and all consequences arising from such act (including, but not limited to paying the service charges). In addition, if damage is caused to Kung Fu Factory or any third party as a result of the unauthorized use of a Device or password, you shall compensate Kung Fu Factory or the third party for such damage.

If you are able to transmit, post, or display contents on the App, you grant Kung Fu Factory a perpetual, non-territorial, non-exclusive license (also including the right to sublicense to any third party) at no charge to use, copy, modify, correct, publish, transmit, display, and distribute such contents regardless of the medium or method of distribution.

In the case that your account is not created in the App, and you erase the App from your Device or lose the Device, or change the type of Device, etc., the data generated by you in the App may be lost. If Kung Fu Factory separately gives guidance to you to keep or maintain the data in the App, please do so in accordance with such guidance.

You shall provide the required personal computer, mobile phone, communication device, operating system, electricity, and pay the service charges, etc., in order to use the App.

If you are a minor, you must obtain the consent of your legal representative such as your parental guardian to use the App at all (including purchasing content, etc., that is provided at a charge within the App). When you, as a minor, agree to the Terms and have used the App, it shall be deemed as if there was the consent of a legal representative such as a parental guardian.

Kung Fu Factory may change the content of the App or stop providing the App (including adding, changing, or ending the Services, etc.) without prior notice to you, and may erase the ID, password, and game data for any App that you have not used for a certain period of time.

Handling of Information

Kung Fu Factory shall respect your privacy and properly handle your private and personal information in accordance with the Kung Fu Factory privacy policy.

You agree that Kung Fu Factory may collect, use, store, and transmit information that would identify your mobile device, operating system, application software, and peripheral hardware and statistics on the use of this App for the purpose of offering product support and otherwise improving the services for you. Kung Fu Factory may also collect, use, store, and transmit such data obtained from you in accordance with the Kung Fu Factory privacy policy.

If Kung Fu Factory deems it necessary for the purposes, etc., of protecting rights and assets, etc., of Kung Fu Factory, of protecting human life, body, and assets, etc., from criminal acts, or of soundly fostering and protecting children, Kung Fu Factory may, without your permission, disclose and provide your information including without limitation log-in information, Device information, and App link-up information to any court, public prosecutor’s office, police, local government body, or other institution authorized under laws and regulations, etc.

Advertising

Kung Fu Factory may post advertisements of Kung Fu Factory or third parties on the App.

Virtual Currency

The unit of purchase, method of payment, granting conditions and any other Conditions of Use of the virtual currency (hereinafter referred to as “Virtual Currency”) that can be used only within the App shall be set forth separately by Kung Fu Factory and displayed within the App or other appropriate location.

Virtual Currency may not be exchanged for cash, valuables, or any other economic benefit other than the services and contents designated by Kung Fu Factory.

You may use the Virtual Currency only through the Device on which such Virtual Currency was obtained (if an account has been created through the App, only through the account on which the Virtual Currency has been obtained).

Virtual Currency may not be refunded for any reason whatsoever. However, this shall not be the case when required by laws or regulations. In such case, the method of refunding Virtual Currency shall be determined by Kung Fu Factory in accordance with laws and regulations.

Prohibited Matters

With respect to the use of the App, Kung Fu Factory prohibits each of the following acts regardless of whether it be your willful or negligent act (hereinafter referred to as “Prohibited Act”):

Any act that violates laws and regulations, a judgment, decision, or order of a court, or administrative measures that have a binding legal effect.

Any act that is contrary to public order and morals or the aiding or abetting thereof.

Any criminal act or any advance notice, involvement, or any act of encouragement of a criminal act, or the aiding or abetting thereof.

Any act of impersonating Kung Fu Factory or a third party or any act of intentionally disseminating false information.

Any act that causes a burden on the server beyond the normal scope of use, any act that encourages this, or any other act that interferes with the operation and provision of the App or interferes with the use of the App by other customers, or any act that could cause damage thereto.

Any act that infringes on the patent rights, utility model rights, design rights, trademarks, copyrights, business secrets, honor rights, privacy rights, publicity rights, or any other rights of Kung Fu Factory or a third party. In this case, with respect to a third party, regardless of whether the third party is a corporation, individual, or public official, and with respect to identifying the third party, the listing format and method such as the user ID, nickname, or real name does not matter.

Any act of displaying sexually suggestive language or conduct, threatening language or conduct, violent language or conduct, discriminatory language or conduct based on race, nationality, beliefs, gender, social status, creed, etc., any illegal language or conduct, vulgar language or conduct, obscene language or conduct, defamatory language or conduct, language or conduct that triggers or encourages suicide, self-injury behavior, or abuse of drugs, or any other unpleasant language or conduct.

Any act of falsifying or erasing the information listed on the App’s official site, of illegally accessing the App itself or of impersonating some other real or fictional person.

Any act of collecting or accumulating personal information of other users or that of third parties.

Any act of exchanging the right to use the App for cash, valuables, or other economic benefit by any other means except those set forth by Kung Fu Factory.

Any act that has its purpose marketing, publicizing, advertising, soliciting, or other profit making, any act that has its purpose of a sexual act or indecent act, any act that has its purpose meeting or dating strangers of the opposite sex, and any act that has its purpose harassing or slandering other users.

Any act of providing anti-social forces with benefits or other cooperation.

Any act of soliciting to religious activities or religious groups.

Any act to be determined adversely affecting or harming to the personality development, etc., and healthy development of minors.

Any act of displaying information, etc. that is equivalent to indecency, child pornography, or child abuse, or any act of selling media containing such information, or any act of displaying or transmitting any advertisement that brings to mind the transmission, displaying, or the selling thereof.

Any act of posting to solicit children (under the age of 18) to become a dating partner with the opposite sex, or any act of posting to solicit adults to become a dating partner with children.

Any act of loaning, assigning, transferring a name, selling, pledging, or permitting a third party to use the App ID and game data, or any act of providing it to be used as collateral.

Any act of using the App for any purpose other than that intended by Kung Fu Factory.

Any and all acts which have been or may be an obstacle for Kung Fu Factory and the management side of the App other than the matters set forth in each of the preceding items.

Any act of improper use of App bugs or system defects, etc.

Any act of analyzing the App by means such as decompiling, disassembling, or reverse engineering.

Any act of creating multiple accounts for the same App on one Device when creating an account on the App.

Any act of using a cheat tool, bots, or any other tool for the purpose of acquiring an unfair advantage.

Any act equivalent to each of the preceding items, and any act that may fall under each of the preceding items.

Any other acts determined inappropriate by Kung Fu Factory.

If Kung Fu Factory determines that you have committed a Prohibited Act, or Kung Fu Factory otherwise determines that you are using the App in violation of the Terms, etc., Kung Fu Factory may take the following measures and any other measures Kung Fu Factory deems necessary and appropriate without prior notice to you. No questions or complaints shall be responded to about such measures. In addition, Kung Fu Factory shall not be obliged to prevent or correct any Prohibited Act or other acts committed by you:

To caution and warn you;

To deprive you of the Virtual Currency and items, etc., acquired by you; or

To suspend all or part of the use of the App, or to delete your account if you have created an account on the App.

Indemnification and Your Responsibility

Kung Fu Factory makes no warranty either explicit or implicit that the App does not have any actual or legal defects (including without limitation safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, defects in security, etc., errors or bugs, infringement on rights, and any loss of data created by you). In addition, the advice given by Kung Fu Factory or the employees, etc., of Kung Fu Factory to you orally or in writing does not serve as a warranty that there are no such defects. Kung Fu Factory is not obligated to provide the App to you free of such defects.

Unless otherwise provided by law, Kung Fu Factory shall not be responsible for any damage incurred by you caused by the App.

In no event shall Kung Fu Factory be responsible for any damage incurred by you due to default or tort caused by the negligence (excluding gross negligence) of Kung Fu Factory which is attributable to special circumstances (including if Kung Fu Factory or you could have or should have foreseen the occurrence of the damage). In addition, compensation for any damage incurred by you due to default or tort caused by the negligence (excluding gross negligence) of Kung Fu Factory shall be limited to the amount of usage fees received in the month in which such damage was incurred by you, and if the App is offered free of charge, Kung Fu Factory shall not be liable to you for any damages.

The App may include services or contents provided by other businesses in partnership with Kung Fu Factory. Such contents or services may be subject to the terms of use and other conditions set forth by the provider and the provider shall be responsible for such contents or services.

You shall use the App at your own responsibility and shall assume full responsibility for any and all your own actions when using the App and any consequences thereof. Even if a dispute between you and other users arises, or if a dispute between you and a third party arises, you shall resolve it at your own responsibility and expense.

If Kung Fu Factory incurs any direct or indirect damage (including paying for attorneys’ fees) arising from your use of the App (including in the case where Kung Fu Factory is subject to any claim by a third party as a result of your use), you shall immediately compensate such damage at the request of Kung Fu Factory.

Contact Information

If you wish to contact Kung Fu Factory, you should either fill out the necessary matters on the contact form provided by Kung Fu Factory or send Kung Fu Factory an e-mail at the e-mail address specified by Kung Fu Factory. Kung Fu Factory shall reply to inquiries from you by e-mail.

Court of Jurisdiction, Governing Law

If there should arise any dispute between you and Kung Fu Factory, the Los Angeles Superior Court shall be the agreed upon exclusive court of jurisdiction for the first instance.

The Terms shall be governed by the laws of the State of California.

Enacted on 2/1/2018