Last updated: 23/02/2022
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the services developed under the brand “Kool Games” operated by Kool Games OU. Kool Games is a developer and publisher of games and mobile game applications that are made available through app stores, including the Apple Store and the Google Play Store.
As a precondition for your usage of these Services, you must agree to these Terms of Service. By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to the agreement, you may not use or otherwise access the Services. Unless otherwise specified by a component of the application service, the Services are free to use or download but may contain features which may allow you to make purchases within the services.
1. About
By downloading one of our Games, you accept this Agreement and our Privacy Policy. Your relationship with Kool Games will be subject to these and only this Agreement and our Privacy Policy.
Each time you download one of our Games to your device a new Agreement is concluded and its terms apply to your use of this Game. By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to this Agreement and our Privacy Policy, you may not use or otherwise access the Services.
Application stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.
You represent that you are 16 years or older. If you are younger than 18 years, you can only download our Games and play them on your device, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to download our Game o and play our Game subject to this Agreement. Kool Games may require adequate proof of your identity and age and consent from a parent or guardian at any time.
You represent that you are accessing our Games as a private person. Any commercial use of our Games is not allowed.
2. End-User License Agreement - EULA
2.1 License
Subject to the terms of this Agreement, Kool Games grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each Game on a mobile device that you own or control for your use (the “License”).
2.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Game; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Games, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any Game in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Game. Any future release, update, or other addition to functionality of any Game (including in-app purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.
2.3 Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
2.4 Modification
Kool Games reserves the right, at any time, to modify, suspend, or discontinue the Games or any part thereof with or without notice. You agree that Kool Games will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Game or any part thereof.
2.5 Ownership
Games provided to you are licensed to you and not sold. KOOL GAMES (and its licensors, where applicable) own all rights, title and interest, including all related intellectual property rights, in and to all Games, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any Game. The KOOL GAMES name, logo, and the product names associated with the Games belong to KOOL GAMES (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. KOOL GAMES (and its licensors, where applicable) reserve all rights not granted in this Agreement.
2.6 Ads
When you start or stop a Game, it may display an ad. During gameplay, banners, rewarded videos and/or interstitial ads may be displayed.
3. User Content
3.1 User Content
“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any Game. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by KOOL GAMES. KOOL GAMES is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
3.2 License
By uploading, distributing, or otherwise using your User Content with any Game, you automatically grant, and you represent and warrant that you have the right to grant to KOOL GAMES an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content in any Game.
3.3 Feedback
If you provide KOOL GAMES with any feedback or suggestions (“Feedback”), you hereby assign to KOOL GAMES all rights in the Feedback and agree that KOOL GAMES shall have the right to use such Feedback and related information in any manner it deems appropriate. KOOL GAMES will treat any Feedback you provide to KOOL GAMES as non-confidential and non-proprietary. You agree that you will not submit to KOOL GAMES any information or ideas that you consider being confidential or proprietary.
3.4 Acceptable Use Policy
The following sets forth KOOL GAMES’ – “Acceptable Use Policy”:
· You agree not to use any Game to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
· You agree not to use any Game to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or Game or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any Game.
3.5 Enforcement
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
4. Term and Termination
4.1. This User Agreement runs for an indefinite term.
4.2. Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting the Game from your device or removing the Game from your Facebook apps.
4.3 If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our Game and/or terminate this User Agreement. Your breach of Sec. 2 or 3.4. Shall be considered a material breach.
4.4 Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
4.5 Upon expiry, you will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. Only if KOOL GAMES continues to operate the Game, you may again download the Game or access the Game on Facebook whereby a new User Agreement will start to run. However, any game-related data cannot be restored.
4.6. We may (a) suspend your rights to use any Game, and/or any related services or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, KOOL GAMES reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to KOOL GAMES by the copyright owner or the copyright owner’s legal agent.
4.7. Upon termination of this Agreement, your right to use the Game will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. KOOL GAMES will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2, 2.3, 2.4, 2.5, 3, 4.4, 5, 6, 7, 8, 9, 10, and 11.
5. Indemnity
You agree to defend, indemnify and hold harmless KOOL GAMES (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any Game, (ii) your User Content, or (iii) your violation of this Agreement. KOOL GAMES reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify KOOL GAMES and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of KOOL GAMES. KOOL GAMES will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Parties
6.1 Application Stores
You acknowledge and agree that the availability of the Game is dependent on the third party from which you received Game, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and KOOL GAMES and not with the Application Store. The Application Store is not responsible for the Game, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with Game (if any). You agree to comply with, and your license to use Game is conditioned upon your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using a Game. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
6.2 Third-Party Services
KOOL GAMES may permit certain third-party applications (like leaderboards, game networks) to provide content through the Game (“Third Party Services”). The Game may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When you do so, KOOL GAMES will share information with the Third-Party Service as described in the KOOL GAMES Privacy Policy. KOOL GAMES is not responsible for and does not control Third-Party Services. KOOL GAMES provides these Third-Party Services only as a convenience to you. KOOL GAMES has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.
6.3 Other Users
A Game may contain User Content provided by other users of the Game. KOOL GAMES is not responsible for and does not control the User Content. KOOL GAMES has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that KOOL GAMES will not be responsible for any liability incurred as the result of any such interactions.
6.4 Release
You hereby irrevocably and unconditionally release and forever discharge KOOL GAMES (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. Disclaimers
7.1 GAMES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND KOOL GAMES (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. KOOL GAMES (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY GAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation on Liability
8.1 IN NO EVENT SHALL KOOL GAMES (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR KOOL GAMES’ PRIVACY PRACTICES, ANY GAME, EVEN IF KOOL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KOOL GAMES’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR KOOL GAMES’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID KOOL GAMES IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL KOOL GAMES’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. Fees
9.1. In-app purchases.
1. Kool Games may license to you certain virtual goods to be used within the Service and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). Virtual Items are licensed to you on the limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
2. Kool Games may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
3. The transfer of Virtual Items is prohibited, except where expressly authorized in the Services, if any.
4. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real-world money. Neither Kool Games nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Kool Games has no liability for hacking or loss of your Virtual Items.
5. Price and availability of Virtual Items are subject to change without notice.
6. Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.
7. Subject to mandatory legislation, you agree that Kool Games is not required to provide a refund for Virtual Items for any reason and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under this Agreement was voluntary or involuntary.
8. If you request that your personal data to be erased as specified in Kool Games’ Privacy Policy, you will permanently and without a right to a refund lose all your Virtual Items as Kool Games can no longer associate such Virtual Items with you.
9. YOU ACKNOWLEDGE THAT KOOL GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
9.2. Subscriptions
If a game offers Auto-Renewable Subscriptions, please read the Subscription Terms here.
If you have any questions concerning our subscription packages, contact us at contact@koolgames.io.
10. Miscellaneous
10.1. Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Games. Continued use of our Games following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.
10.2. Notice
Any notice provided to KOOL GAMES pursuant to this Agreement should be sent to contact@koolgames.io
10.3. Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
10.4. Entire Agreement
This Agreement is the final, complete and exclusive agreement between you and KOOL GAMES with respect to the subject matters hereof (including all Games) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End-User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Your relationship to KOOL GAMES is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without KOOL GAMES’ prior written consent, and any attempted assignment in violation of the foregoing will be null and void. KOOL GAMES may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.
11. Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using a Game from the Apple Application Store. To the extent, the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Games from the Apple Application Store.
11.1 Acknowledgement
KOOL GAMES and you acknowledge that this Agreement is concluded between KOOL GAMES and you only, and not with Apple, and KOOL GAMES, not Apple, is solely responsible for Game and the content thereof. To the extent this Agreement provides for usage the rules for Game that are less restrictive than the Usage Rules set forth for Game in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
11.2 Scope of License
The license granted to you for Game is limited to a non-transferable license to use Game on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
11.3 Maintenance and Support
KOOL GAMES is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law. KOOL GAMES and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Game.
11.4 Warranty
KOOL GAMES is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be KOOL GAMES’ sole responsibility.
11.5 Product Claims
KOOL GAMES and you acknowledge that KOOL GAMES, not Apple, is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit KOOL GAMES’ liability to you beyond what is permitted by applicable law.
11.6 Intellectual Property Rights
KOOL GAMES and you acknowledge that, in the event of any third-party claim that Game or your possession and use of Game infringes the third party’s intellectual property rights, KOOL GAMES, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
11.7 Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.8 Developer Name and Address
KOOL GAMES is located in Estonia and belongs Kool Games OU. Our headquarters are located at Sepapaja tn 6, Tallinn, Harjumaa 15551, Estonia.
11.9 Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using a Game.
11.10 Third-Party Beneficiary
KOOL GAMES and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
12. RISK OF EXPOSURE
You understand and agree that using/sharing content online involves risks of unauthorized disclosure or exposure and that, in submitting your content, data to or transmitting it through the system, you assume the risks. KOOL GAMES offers no representation, warranty, or guarantee that your data will not be exposed or disclosed through the System or through errors or the actions of third parties.
The Risks exist and are really dangerous in the online environment. It is important to be aware of the risks that subsist on the internet and how to minimize them:
1. Exposure to inappropriate material
2. Illegal activities
3. Harassment
4. Legal and financial risks
5. Identity theft
6. Cyberattack
7. Invasion of privacy
8. Data breach
9. Scams
13. CYBERSECURITY AND ONLINE PLATFORM DISCLAIMER
· Cyber Security is technologies, processes, procedures and controls that are designed to protect Digital Environments from Cyber Security Incidents;
· Cyber Security Incident is the loss or unauthorized destruction, alteration, disclosure of, access to, or control of a Digital Environment;
· Digital Environment is information technology systems, operational technology systems, networks, internet-enabled applications or devices and the data contained within such systems.
KOOL GAMES has implemented administrative, physical and technical safeguards to protect Client’s Personal information. We shall ensure that all such safeguards, including the manner in which Personal Information is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws, as well as the terms and conditions of this Agreement.
You understand and agree that sharing content online involves risks of unauthorized disclosure or exposure and that, in submitting your content to or transmitting it through the system, you assume the risks. KOOL GAMES offers no representation, warranty, or guarantee that your content will not be exposed or disclosed through the System or through errors or the actions of third parties.
KOOL GAMES is not liable, and you agree not to hold us responsible for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
· Your use of or your inability to use our Website/App or Platform Service;
· Delays or disruptions in our System or Service;
· Viruses or other malicious software got by accessing, or linking to, our System or Service;
· Glitches, bugs, errors, or inaccuracies of any kind in our System or Service;
· Damage to your hardware device from the use of the System or Service;
· The content, actions, or inactions of third parties’ use of the System or Service;
· A suspension or other action taken regarding your Account.
14. INFORMATION SECURITY EXPERTS
Regularly we consult with our developers if urgent issues arise in the System or if there are scheduled feature releases or upgrades.
a)Hosting company will only be asked to access the data in the Website/App's event being down or server issues.
b) We may consult with security experts to ensure continuous platform safety and compliance.
15. CYBERATTACK DISCLAIMER
A cyberattack is where an attacker tries to gain unauthorized access to an IT system for the purpose of theft, extortion, disruption on other nefarious reasons.
Normally, a cyberattack is carried out by someone who is not, or was not, a member of your organization.
KOOL GAMES strives to protect Customers against Cyberattacks. We have implemented our system with security experts; we take different types of security measures to protect our users.
We are not liable for any Cyberattack, damage, or loss on the World Wide Web. You expressly agree and acknowledge that the use of the KOOL GAMES Platform is at your sole risk. In no event will KOOL GAMES, KOOL GAMES professionals or their officers, 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 your use of the Website or the service.
Types of Cyberattacks we take no responsibility:
· Malware: is a type of application that can perform a variety of malicious tasks – spy on the user in other to obtain credentials or other valuable data or to cause disruption.
· Phishing: is where the attacker tries to trick an unsuspecting victim into handing over valuable information, such as passwords, credit card details, intellectual property, and so on.
· MITM - Man-in-the-middle-attack is where an attacker intercepts the communications between two parties in an attempt to spy on the victims, steal personal information or credentials, or perhaps alter the conversation in some way.
· DDoS – Distributed Denial-of-Service attack – is where an attacker essentially floods a target server with traffic in an attempt to disrupt, and perhaps even bring down the target. A DDoS attack is able to leverage multiple compromised devices to bombard the target with traffic.
· SQL injection: is a type of attack which is specific to SQL databases. The attacker can exploit the HTML form to execute queries that will create, read, modify, or delete the data stored in the database.
· Zero-day exploit: is where cyber-criminals learn of a vulnerability that has been discovered in certain widely-used software applications and operation systems, and then target organizations who are using that software in order to exploit the vulnerability before a fix becomes available.
· DNS tunnelling: is a sophisticated attack vector that is designed to provide attackers with persistent access to a given target. Attacker are able to insert or tunnel malware into DNS queries. The malware is used to create a persistent communication channel that most firewalls are unable to detect.
· BEC – Business Email Compromise: is where the attacker targets specific individuals, usually an employee who has the ability to authorize financial transactions, in order to trick into transferring money into an account controlled by the attacker. BEC attacks usually involve planning and research in order to be effective.
· Cryptojacking: is where cyber criminals compromise a user’s computer or device and use it to mine cryptocurrencies, such as Bitcoin. Organizations don’t have great visibility when it comes to this type of attack, which means that a hacker could use valuable network resources to mine a cryptocurrency without the organization having any knowledge of it.
· Drive by Attack: A drive by download’ attack is where an unsuspecting victim visits a website which in turn infects their device with malware. The website in question could be one that is directly controlled by the attacker, or one that has been compromised. In some cases, the malware is served in content such as banners and advertisements.
· Cross-site scripting (XSS) attacks: Cross-site scripting attacks are quite similar to SQL injection attacks, although instead of extracting data from a database, they are typically used to infect other users who visit the Website. It can happen on the comment section on a webpage.
· Password attack: is a type of cyberattack where an attacker tries to guess or cracks a user’s password. Some examples: Brute-force attack, Dictionary attack, Rainbow table attack, Credential stuffing, Password spraying and Keylogger attack.
· Eavesdropping attack: Sometimes referred as “snooping” or “sniffing”, an eavesdropping attack is where the attacker looks for unsecured network communications to intercept and access data that is being sent across the network.
· AI-Powered attack: AI-powered software is able to slave machines to perform a huge DDoS attack. Also, can learn what kinds of approaches work best and adapt their attack methods accordingly. They can use intelligence feeds to quickly identify software vulnerabilities, as well as scan systems themselves for potential vulnerabilities. AI-powered attacks can work around the clock, they are fast, efficient, affordable and adaptable.
· IOT-Based attacks: is a type of attack where an attacker goes through an IOT (internet-of-things) device and exploit target such as medical devices, security systems, smart thermometers in order to launch large-scale DDoS attacks.
CONTACT INFORMATION
Questions about the Terms should be sent to us at contact@koolgames.io.