This is an important agreement (Agreement) between you and Kiz Toys, Inc. (dba Kiz Studios) (Kiz) and contains the rules when you visit and play on any of the Kiz sites. It is very important that you understand and follow these rules. A "Kiz site" refers to any Kiz online software product that may include interactive features, forums, chat rooms, websites and services associated with Kiz or any Kiz game or product. However, Kiz site products and services may be hosted online by an operator other than Kiz; such operators Terms of Use may supersede this Kiz Terms of Use, in which case this Agreement may be secondary to such site's terms.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE KIZ SITES. By using any of the Kiz sites, you are agreeing to this Terms of Use, our Privacy Policy and any End User License Agreement (EULA) that are a part of this Agreement. If you do not agree to this Terms of Use, you shall not use or play on any of the Kiz sites.

A. Rules of Conduct

Each of the Kiz sites may have specific rules about how to play and how to interact, but all Kiz sites and games share these core principles of acceptable behavior: 

1. Do Not Share Personal Information. Do not share your personal information with other players.  Personal information includes your e-mail address, physical address, last name, photographs of yourself, instant messenger username or telephone number. Do not ask for that information from other users.  If you think others are sharing personal information, please report it to privacy@kizstudios.com.

2. Do Not Share Your Account. Do not share your Account with anyone or allow anyone else to access or use your Account, other than parent(s) or guardian(s) who have rights to access and manage a user Account. You will be held responsible for any activity that occurs on an Account registered to you.

3. Think Safety. The best way to play safely online if you are a minor is to follow the rules of your parents and of the website.  If you are not a minor, we know you will use your good judgment and follow the rules outlined in this Agreement and on the website.

4. Read the Kiz Privacy Policy. Your privacy is important to us, please read our privacy policy.

5. Respect the Community. It is important that everything you post or send through the Kiz sites is family friendly.  
Do not post any of the following:
a. profanity, obscenities or sexual content (express or implied)
b. attacks, comments, or opinions about other people or things that slander, defame, threaten, insult or harass another person
c. information that might identify another player
d. requests for player passwords
e. romance role playing
f. "spamming" (repeatedly posting the same message) or "party boards"
g. gangs, gang-slang, or the promotion of gangs
h. promotions offering prizes of any sort (including contests, raffles, lotteries, chain letters or any kind of giveaway)
i. "cheats" or "hacks", or information or links to sites claiming to have these
j. other information that we deem, in our sole discretion, to be inappropriate for this site

6. Chat and Other Communications. We all want the Kiz sites to be good, clean places to play. Read the Code of Conduct on any Kiz game site to insure continued ability to play.

7.Playing Kiz Games Is Not A Way To Make Money.  You do not own the Kiz site accounts (Account), activities, items, virtual currency, characters, locations, games and avatars on Kiz sites; they are for you to play with. Except as permitted by some of the Kiz sites, you can't sell anything for real money. This means that you cannot try to make money off the virtual items or currency in your Account or even sell the time it took you to collect such items. If we discover you selling virtual items or currency, we will freeze or terminate every Account controlled by you and every Account of the player who purchased virtual currency or items from you.

8. You are a Guest. You are a guest on the Kiz sites and you should act with respect to the other guests you meet.  We reserve the right to prohibit the use of the Kiz sites to any player at any time.

9. You Might Register for an Account. You may view some of the game content as a visitor without registering. In order to post to any forum, participate in chats, or play many of the Kiz games, you must register for an Account. By completing any specific game's registration process, you will establish an Account and become an Account Holder.

10. Accounts Are for Personal Use Only. You may not share your Accounts with anyone or allow anyone else other than you to access or use your Accounts, other than parent(s) or guardian(s) who have rights to access and manage your Account. Joint or shared ownership or use of an Account by more than one individual natural person is prohibited, other than parent(s) or guardian(s).  Access to the Kiz sites is intended solely for the purposes of entertainment by individual natural persons, and not for purposes of corporate, business, commercial, or income-seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persons, and other businesses or other entities which are not an individual natural person, are not eligible to establish Accounts or to access Kiz sites, nor is anyone who is acting for, on behalf of, or in the course of the business of, any such artificial person or entity.

11. Children Under 13 Years Old. Kiz online or mobile products and services are intended for general audiences and do not knowingly collect any personal information from children. When a Kiz online or mobile product or service does collect age information, and users identify themselves as under 13, the product or service will either block such users from providing personal information, or will ensure consent is obtained from parents for the collection, use and sharing of their children's personal information. 
No one under the age of 13 may provide any personal information to us. If you are under 13, please do not attempt to register or send any information about yourself to us. In the event that we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at privacy@kizstudios.com.

12. We Might Use Your Stuff. If you write something on the Kiz sites that we find interesting, we might want to use it.  By posting material on the Kiz sites or through the Kiz sites' functionality, you are telling us its ok for us to repeat what you say. It means we can use it in any way we want, anywhere, until the end of time.

13. Stay Active. We work very hard at making the Kiz sites fun and enjoyable for everyone because we want you to keep coming back.  However, if you choose to stop playing on the Kiz sites, we reserve the right to permanently erase your Account and everything associated with your Account including items or privileges that may have been licensed through the payment of money to us or our licensing partners.

14. Respect Other People's Creative Material. We may, at out discretion, terminate the Accounts of guests who infringe the intellectual property rights of others.

B. USE OF CONTENT / INTELLECTUAL PROPERTY

1. Your License to Our Content/Intellectual Property.
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, programs, routines, objects, files, data, characters/avatars (including all attributes comprising or associated with any player Account such as virtual currency, game statistics, and virtual items), player names, games or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Kiz and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

This Agreement, and your acceptance of any End User License Agreement (EULA), grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use and solely for purposes permitted by, and in a manner consistent with the terms of this Agreement and the game rules applicable to each individual site, one copy of any material and/or software that you may download from the Kiz sites, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of us.  Use of our licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. You hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to the Kiz sites as that term is defined under 18 U.S.C. § 1030.  Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Any and all rights not specifically and expressly granted by us are reserved; no license, permission or right of access or use not granted expressly by this Agreement is in any way implied.  Any use of the Kiz sites not expressly authorized by us is strictly forbidden and will be regarded as an infringement of our copyrights in and to the Kiz sites and/or the individual games within the Kiz sites.  You agree that you will not, under any circumstances: (a) in whole or in part, translate, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based upon the Kiz sites or any game contained therein; (b) use cheats, automation software, hacks, or any unauthorized third party software to modify the Kiz sites, any activity or game within the Kiz sites or to change any designed game play; (c) use the functionality of the Kiz sites for transferring any in-game currency, item, avatar or Account to another user in exchange for payment outside the Kiz sites; or (d) perform any in-game services or activity on another user's Account in exchange for payment outside the Kiz sites.

2. Recording Game Play, Hosting Videos, Ads. Kiz Studios welcomes the practice of hosting videos of Kiz gameplay on sites such as YouTube and hosting ads within those videos containing our intellectual property. This clause of the Kiz Studios Terms of Use is intended for use as the permission required from sites like YouTube and others to post Kiz gameplay intellectual property (video images, art, music, sounds, etc.). Specifics and limitations are listed below: 

a. Do not attempt to license the videos to a third party for a fee or other value without checking with us first. Contact privacy@kizstudios.com for affirmative written permission from Kiz for any type of licensing.

b. Do not require payment or questionnaires or surveys or other actions to access a video.

c. Videos must be made available for free on any site including on premium accounts as long as the video is also available for non-paying users.

d. Kiz values shall not be defied – focus the video on the Kiz game. No offensive or controversial content, no religious or political topics. Kiz reserves the right to define words used in this limitation.

e. Permission to utilize Kiz intellectual property as described herein does not give you the right to use others’ intellectual property or any content that is not owned by you.

f. Ads may be run within the video if the ad does not interfere with user’s access to the video and the videos are not licensed in any way as part of the advertising agreement.

g. Sponsorship logos and comments, if used, must be kept to a minimal size/length and the sponsor relationship must be clearly identified (“sponsored by”). State that they are acting as a sponsor only.

h. Do not use Kiz Studios or any Kiz game logo without express written permission from Kiz at privacy@kizstudios.com.

3. Fan Art & Fan Site Policy

1 - General Terms and Conditions

1.1 Kiz Studios (Kiz) vigorously protects the Kiz Intellectual Property (IP) from damaging infringement. However, pursuant to the term of this Policy, Kiz grants permission to create Fan Art & Fan Sites (Fan Sites) based on Kiz IP. All Fan Sites must be tasteful (in Kiz sole discretion) and have no commercial (monetary) objective. Kiz, in its sole discretion, can terminate and revoke your permission to create and maintain Fan Sites at any time, for any or no reason whatsoever.

1.2 You may use Kiz IP on your personal pages on social networking sites such as, or similar to, Facebook and Twitter as long as you remain compliant with this Policy and the policies, terms and conditions of those sites. Kiz accepts no responsibility in connection with or arising from your activities on such sites.

1.3 Kiz maintains ownership of all rights, title and interest in and to the Kiz IP.

1.4 You will not represent that your Fan Site is endorsed or approved by Kiz or that any content on your Fan Site is endorsed or approved by Kiz. See Section 2.

1.5 Do not link to any website that promotes or exploits cheats or hacks to Kiz sites. Also, do not link to any retro or scam sites.

1.6 Do not copy or utilize Kiz trade dress, which includes the overall appearance of a product or product line. No person who views your Fan Site should ever be led to believe that it is an official Kiz production or confused about whether Kiz is officially associated with the material.

1.7 Do not use any domain name that closely mimics our trademarks, Kiz proprietary domains, or domains for Kiz products.

1.8 You may not use Kiz IP in any manner that we consider to be derogatory to Kiz.

1.9 All content on your Fan Site must comply with the Kiz Studios Terms of Use - Rules of Conduct and must not contain any inappropriate content.

1.10 Do not spam about your Fan Site in any Kiz game or website.

1.11 Marks cannot be altered. Kiz Marks are brands, spelled in a specific way with distinctive capitalization. Never make the Mark possessive, change spelling, insert hyphens, reorganize where version numbers are placed, make one word into two, or make the trademark plural.

Section 2 - Disclaimer

A disclaimer must be posted if you use Kiz Studios IP. The required disclaimer is provided below. You must display the disclaimer on each web page of your Fan Site.

"This Fan Site is not affiliated with or endorsed by Kiz Studios, the creator of insert name here. This site is maintained by private individuals and has no commercial (monetary) objective. This site does not imply or claim any rights to insert name here and its Intellectual Property. Copyrights and trademarks for insert name here are held by Kiz Studios and their use is allowed under compliance with the Kiz Studios Fan Site Policy. The information contained in this website and all views and opinions regarding insert name here are strictly our own unless otherwise stated and in no way reflects the views or positions of Kiz Studios. All trademarks and copyrights are the property of their respective owners."

Section 3 - Disclaimer of Warranties

Kiz does not provide a warranty for any Kiz Studios IP. KIZ EXPRESSLY DISCLAIMS ALL WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE KIZ IP, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR SHOULD THERE BE DEEMED ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

Section 4 - Limitation of Liability

Kiz is not liable for damages based on your use of Kiz Studios IP. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KIZ BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR STRICT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR CREATION, DISPLAY, OR USE OF ANY FAN ART OR FAN SITE OR YOUR USE OF THE KIZ STUDIOS IP, IF ANY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that in the event Kiz revokes or terminates your permission to create Fan Sites, you may not sue Kiz Studios for any damages caused by this revocation or termination, including direct, indirect, consequential, incidental, or special damages of any kind, including, without limitation, lost profits, or your expenses related Fan Sites.

Section 5 - Enforcement of Rights

Kiz carefully monitors the use of Kiz IP. If you make unauthorized use of our IP, we will direct you to immediately stop such use. If you fail to stop or you at some later time resume unauthorized use, Kiz may take legal action against you and you will be required to pay for Kiz attorney's fees and other costs of litigation.

Section 6 - No Relationship Between You and Kiz Studios

YOUR PARTICIPATION IN CREATING FAN SITES OR OFFICIAL FAN SITE PROGRAM IS PURELY VOLUNTARY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RECEIVE ANY COMPENSATION OF ANY KIND FROM KIZ STUDIOS FOR YOUR FAN SITE. NOTHING IN THIS POLICY WILL CREATE ANY CONTRACTOR, PARTNERSHIP, JOINT VENTURE, FRANCHISE, EMPLOYMENT OR SIMILAR RELATIONSHIP BETWEEN YOU AND KIZ. YOU ACKNOWLEDGE THAT WE MAY STOP PROVIDING CONTENT FOR YOUR FAN SITE AT ANY TIME THAT WE DESIRE.

Section 7 - Miscellaneous Legal Issues

Kiz reserves all rights not expressly granted herein. Kiz may modify this Policy at any time by posting the revised Policy on one or more web sites and you are deemed to have knowledge of any such changes. The laws of the state of Georgia, USA, shall govern the terms of this Policy and any legal proceedings related to this Policy shall be based in the courts of Georgia, and you consent to such jurisdiction. If any provision of this Policy shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

4. Our License to Your Content/Intellectual Property. By uploading or otherwise submitting any materials to us and/or the Kiz sites, you (and your parents, if you're under age 13) automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.


4. Copyrights and Copyright Agent.If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Kiz copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site and their locations;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. For copyright inquiries under the DMCA please contact:

Attn: Kiz Toys, Inc.

Director of Compliance

327 Dahlonega Street, Building 1200

Cumming, GA 300040

 

Upon proper receipt of this information from you ("notice") that substantially complies with all of the requirements above, we will investigate your claim and respond as quickly as possible. Then, we will remove, or "take down" any infringing material. At that point Kiz will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA.

 

Do not contact the Kiz DMCA copyright agent for inquiries other than those relating to alleged copyright infringement.

IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SYSTEM.

 

C. Links and Advertisements

1. Third Party Links.On the Kiz sites there may appear URLs, hyperlinks or any other form of link or re-direction (collectively "Links") that take you outside of the Kiz sites to sites that are beyond our control.  When you click on these Links, you are taken to sites not under our management and control and different terms of use and privacy policies may apply.  The appearance of these Links and/or other materials generated by third parties does not constitute an endorsement by us, our subsidiaries and affiliates, of the opinions or views expressed by these third party sites.  We explicitly disclaim any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such third party sites. As such, neither we nor our subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, under no circumstances will we be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party sites accessed through Links on our Kiz sites.

Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

We encourage discretion when visiting third party sites and considering the products and/or services offered on such sites.  We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. As such, you hereby irrevocably waive any claim against us with respect to such third party sites.

2. Ads and Malware. We take great care and pride in creating the Kiz sites. We are always on the lookout for technical glitches that affect how the Kiz sites work. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Kiz sites--and that is beyond our control.

If you experience any unusual behavior in content or advertisements on any of the Kiz sites, it may be the result of Malware on your computer. Malware--short for MALicious softWARE--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Kiz sites is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our sites and on other sites that you visit. 

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Support areas of any software download site.  If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

To learn more about ads on Kiz sites, please see our Privacy Policy.

D. Communication

 

1. Posting Content Via Site Functionality. The Kiz sites contain various features that may permit players, consistent with applicable laws, to post ideas, content, information and opinions ("Postings").  In no event do we have any responsibility or liability for anything posted by you or another player.  You represent and warrant that you have all rights in and to all Postings you provide and all information they contain and that such Postings will not infringe any proprietary or other rights of third parties or contain any libelous, tortious, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable content, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability.  Further, you agree not to abuse our communication features by "spamming" (posting numerous identical messages).

The communication features on the Kiz sites may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising or solicitations of any kind or nature. You specifically acknowledge that soliciting other players of the Kiz sites to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.

Each site may have its own particular rules regarding communicating with other players but some basic guidelines apply to all of the Kiz sites.  First, be respectful of other players and always remember that children are playing on the Kiz sites.  If you try to post something that we deem inappropriate, in our sole discretion, your Account may be terminated.  Second, we don't allow players to try to get other players to communicate off the Kiz sites.  Thus, your Account may be terminated if you ask for information such as other players' IM, email address, physical address or suggest that you and the other player should go to a third party site so you can communicate more freely.  Likewise, do not supply any such information about yourself to other players.  Remember all communications are filtered and may be viewed by monitors to make sure your communications with others are appropriate

2. Communications with Us. Each one of the Kiz sites provides methods to communicate with us regarding your Account, concerns about other players, site questions, etc.  Please do not spam the communication features.   Make sure you only communicate through the proper communications channels.   When we communicate with you, WE WILL NEVER REQUEST YOUR PASSWORD.


E. Rules Applicable to Certain Other Services Offered on the Kiz Sites

Some of the Kiz sites may offer additional services and offers, like the ability to purchase virtual items, subscription-based services, contests and sweepstakes.  For such additional services and activities, there may be specific rules of participation in connection with information about a particular activity and you will have to agree to those rules in order to participate, subscribe, purchase or license.  This Agreement is incorporated by reference to the applicable rules of participation.  Any such terms of participation are in addition to this Agreement, and in the event of a conflict, prevail over this Agreement as applied to those services and activities.

F. Billing

You may create an Account without paying any registration or subscription fees to access Kiz sites.  However, Kiz may charge fees to access or participate in certain activities.  You will be informed prior to entering any agreement where charges will be imposed.  All billing issues are handled through the Account Management section of the relevant Kiz site.  Any applicable fees and other charges are payable in advance.  Kiz may change its fees and external billing methods which directly impact you at any time, effective immediately after notice of those changes are given.  You are responsible for reviewing the Account Management section of the relevant Kiz site to obtain timely notice of such changes.  If any change is unacceptable to you, you may cancel your Account at any time, but Kiz will not refund any fees that may have accrued to your Account before such cancellation, and we will not prorate fees for any charges.  For further information, please refer to the Account Management section at the relevant Kiz site.

Subject to technical problems and revisions to payment policies that may be instituted by Kiz at any time without notice, you may pay for any applicable fees and charges by major credit card, or other methods expressly authorized by Kiz.  When you provide payment method information to our payment service provider, you represent to Kiz that you are responsible for all fees and charges incurred, including any taxes, and all purchases made by you or anyone that uses your Account or any linked Account, including your family or friends.  This means that unless your Account or credit card information is obtained unlawfully or fraudulently by someone using your Account, you will be responsible for all usage and purchases on your Account.  

All fees and/or charges incurred by a Kiz Account holder through the use of their Account are non-refundable except if the Account Holder who incurred the subject fees and/or charges can prove that the Kiz Account Holder has been victimized by identity theft.  If you have questions regarding our refund policy, please contact our customer service department at the relevant Kiz site.

 

G. Virtual Currency and Goods

If you have an active Account you may participate in our Virtual Currency and Goods (“Virtual Currency”) service offering. Virtual Currency is an online redeemable point system, with no cash value, that can be used to obtain certain products and services offered by Kiz ("Virtual Currency"). Virtual Currency can be acquired, used and redeemed in a variety of ways. For example, you may have the opportunity to acquire Virtual Currency:
1. By participating in and/or by completing certain tasks or objectives in one of our games
2. For free through one of our promotional campaigns
3. For sale through our online store by paying real money for the virtual currency

Virtual Currency is sold in bundles and the price may vary at our discretion and depending on the amount you purchase. Kiz may from time to time limit the amount of Virtual Currency you may obtain in your account balance at any one time or in the aggregate. Kiz will notify you if you reach such limit. You are solely responsible for any tax consequences that may result from your acquisition, use or redemption of Virtual Currency.

License to use Virtual Currency. No matter how you obtain Virtual Currency, you acknowledge and agree that such Virtual Currency solely represents a limited license right to a virtual good which is governed by the terms of this Agreement, and that such Virtual Currency is non-transferable to another person. Virtual Currency has no cash value and is non redeemable for any sum of money or monetary value from Kiz at any time. Virtual Currency does not constitute a personal property right.  Virtual Currency may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Virtual Currency is permitted.   In the event that Kiz suspends or terminates the Game, your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused Virtual Currency on the account.

Making unauthorized copies or distribution of Content and/or Virtual Currency found on Kiz sites may result in the termination of your Account(s), prohibition on use of Kiz sites, and further legal action.  Content and/or Virtual Currency owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Kiz from any unauthorized or illegal conduct by you, or through the use of your Account, on Kiz sites.

Redemption of Virtual Currency. From time to time Kiz may offer opportunities for you to redeem your Virtual Currency for certain items or services provided that you have a sufficient balance to do so. While your Virtual Currency does not have any set expiration date, please be aware that Kiz may from time to time cease, without notice to you, to continue to offer an item or service in exchange for your Virtual Currency. If you see an item or service being offered by us for redemption that interests you, we strongly encourage you to redeem your Virtual Currency for such item or service as soon as possible. We reserve the right from time to time to limit the amount of Virtual Currency you may redeem or purchase at any one time, day or week. We will notify you if you reach such limits. Once you redeem your Virtual Currency, the amount redeemed will be deducted from your balance. We will not reinstate any deducted Virtual Currency except in limited circumstances at our sole and absolute discretion after investigation.

Improper Usage of Virtual Currency. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Currency or access thereto if we terminate the Service or if we suspect, after investigation, that you have misused the Virtual Currency service, violated the terms of this Agreement, or have otherwise used the Virtual Currency service to conduct any fraudulent or illegal activity.

In the event that Kiz suspends or terminates the Game, your account or this Agreement, you understand and agree that you will receive no refund or exchange for any unused Virtual Currency on the account, any license or fees, any content or data associated with your account, or for anything else. Kiz has the right at any time for any breach of this agreement or general suspension or by Kiz termination of the Game, to suspend or terminate your account, terminate this Agreement, and/or refuse any and all current or future use of the Game without notice or liability to you. In the event that Kiz suspends or terminates the Game, your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused Virtual Currency or other credits on the account, any license or fees, any content or data associated with your account, or for anything else.  

YOU UNDERSTAND AND AGREE THAT ANY ATTEMPT TO MAKE ANY CHARGE BACK OR OTHERWISE RECLAIM OR OBTAIN A REFUND OF OR A CREDIT AGAINST ANY FEES PAID FOR THE SERVICE WITHOUT FIRST HAVING OBTAINED KIZ PRIOR WRITTEN CONSENT TO SUCH REFUND SHALL ENTITLE KIZ TO DEACTIVATE YOUR ACCOUNT.

 

H. Miscellaneous

1. Disclaimer and Limitation of Liability. THE KIZ SITES AND ALL MATERIALS CONTAINED ON THE KIZ SITES ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Kiz sites or with respect to the information and material contained on the Kiz sites. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you..

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON ANY KIZ SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY KIZ OR ANY THIRD PARTY.

Not withstanding the foregoing, in no event shall our liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Kiz sites.

2. Termination of Account/Site Content. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us, if, in our sole discretion, you fail to comply with this Agreement or the applicable game rules posted on the individual Kiz sites.  We also reserve the right to terminate your access to any of the Kiz sites at any time.  Finally, we reserve the right to change, modify, and delete any of the Kiz sites or any of their respective content or features at our sole discretion.

3. Indemnification. You agree to indemnify, defend and hold harmless, us, our affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Kiz sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. We reserve the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

4. Interpretation.  This Agreement contains the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.  If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.  In interpreting this Agreement, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Agreement in other languages, the Agreement in English governs.

5. Modification.  We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will notify you of these changes consistent with applicable law. Once we modify the Agreement, these changes become effective immediately and if you use the Kiz sites after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms of this Agreement regularly so you are aware of the most current rights and obligations pursuant to your agreement with us.

6. Dispute Resolution Procedure. Applicable Law, Venue, Jurisdiction.  The Agreement and the relationship between you and us shall be governed by the laws of the State of Georgia. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Forsyth County in the State of Georgia. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of any of the Kiz sites or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  

You and Kiz agree to attempt to resolve any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal resolution may be completed through the Kiz customer service venue. If customer service fails, additional informal discussions begin upon written notice from you or Kiz. Kiz will send its notice to the email address you have provided to us and may also provide a copy to a physical address if we have one on file. You will send your notice to Kiz Toys, Inc., 327 Dahlonega Street, Building 1200, Cumming, GA 20030 Attn: Compliance Department.  

If you and Kiz are not able to resolve a Dispute through informal discussions, either you or Kiz may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules. Arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Except as otherwise provided in this Agreement, you and Kiz may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.  

No Class Action. You and Kiz agree that any arbitration shall be limited to the Dispute between Kiz and you individually. To the full extent permitted by law no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.  

Exceptions to Informal Discussions and Arbitration. You and Kiz agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.

7. International Transfer of Information. As we operate globally, we may need to transfer to and process personally identifiable information about you on our servers in the United States and we will use such information consistent with our Privacy Policy.  By using the Kiz sites, you expressly consent to our Privacy Policy.

 

8. Void Where Prohibited. Kiz makes no representation or warranty that any content on Kiz sites is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions.  If you access or use Kiz sites from a jurisdiction outside the State of Georgia, you are responsible for compliance with all applicable local laws.

9. Location.  We operate and control the Kiz sites from its offices 327 Dahlonega Street, Bldg 1200, Cumming, GA United States of America.  No software from the Kiz sites may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

 

I. Beta Test Terms

You may be given the opportunity to test new games and site features.  Your participation as a Beta tester is subject to the following terms and conditions.

 

1. Closed Beta Tests. Closed Beta Tests are confidential. The Closed Beta Test, including information about features and functionality to be offered as part of the games, is confidential. In order to participate in a Closed Beta Test you (or your parent or legal guardian) will be required to enter into a separate Non-Disclosure Agreement (NDA). If you participate in a Closed Beta Test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the Closed Beta Test. You will carry out the testing personally and not provide access to the Closed Beta Test to any other person. You agree that breach of the above confidentiality obligations or the separate NDA will cause irreparable harm to Kiz. Kiz is entitled to (in addition to any other remedies available to it) limit or remove your access to any beta content – without notice to you – to prevent any breach, potential breach or threatened breach. Your obligation to keep the Closed Beta Test confidential will continue until Kiz publicly distributes, or has otherwise disclosed to the public, each of the games and the content that you are testing.

 

2. All Beta Tests (Closed and Open). As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these Terms of Service shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied. When playing some beta games, you may accumulate items, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process. We reserve the right to reset player history and erase data. By using the Kiz site during the beta period, you agree that: (i) playing beta games is at your own risk and that you know the games may include known or unknown bugs; (ii) any value or status indicators that you achieve through game play may be erased at any time; (iii) Kiz has no obligation to make these games available for play without charge for any period of time, nor to make them available at all; (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these Terms of Service apply to your use of the games during the testing phase; and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

Beta test Accounts are non-transferable under any circumstances.

 

J. Contact Us

If you have any questions, complaints, or comments regarding these Terms of Use, or have other questions or suggestions about Kiz sites, please contact us via e-mail at  privacy@kizstudios.com.

 

This Terms of Use Agreement was last modified on March 28, 2013 and is effective immediately.