The terms of this agreement (“Terms of Service”) govern the relationship between you and Cat Studio and its affiliates
(hereinafter “Cat Studio” or “Us” or “We”) regarding your use of Cat Studio’s games, websites and related services (the “Service”). Use of the Service is also governed by Cat Studio’s Privacy Policy, which is incorporated
herein by reference.
Before accessing or using the
Service, including browsing any Cat Studio website or accessing a game, you
must agree to these Terms of Service and the Privacy Policy. You may also be
required to register an account on the Service (an “Account”). By
registering for an Account or otherwise using the Service, you represent that
you are age 13 or older and you understand and agree to these Terms of Service.
If you are between the ages of 13 and 17, you represent that your legal
guardian has reviewed and agreed to these Terms. If you access the Service from
a Social Networking Site (“SNS”),
such as Facebook or Google+, you shall comply with its terms of service/use as
well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE
ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE
TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE
SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Cat Studio reserves the right, at
its discretion, to change, modify, add or remove portions of these Terms of
Service and its Privacy Policy at any time by posting the amended terms on the
Cat Studio Service. You will be deemed to have accepted such changes by
continuing to use the Service. If at any point you do not agree to any portion
of the then-current version of our Terms of Service, the Cat Studio Privacy
Policy, or any other Cat Studio policy, rules or codes of conduct relating to
your use of the Service, your license to use the Service shall immediately
terminate, and you must immediately stop using the Service.
1. Licence
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and
continuing compliance with these Terms of Service and any other relevant Cat
Studio policies, Cat Studio grants you a non-exclusive, non-transferable,
non-sublicensable, revocable limited license subject to the limitations below
to access and use the Service for your own non-commercial entertainment
purposes. You agree not to use the Service for any other purpose.
The following restrictions apply
to the use of the Service:
Login information and Your Account During the Account creation process, you
will be required to select a password (“Login Information”). You shall not
share the Account or the Login Information, nor let anyone else access your
Account or do anything else that might jeopardize the security of your Account.
In the event you become aware of or reasonably suspect any breach of security,
including without limitation any loss, theft, or unauthorized disclosure of the
Login Information, you must immediately notify Cat Studio and modify your Login
Information. You are solely responsible for maintaining the confidentiality of
the Login Information, and you will be responsible for all uses of the Login
Information, including purchases, whether or not
authorized by you. You are responsible for anything that happens through your
Account.
Cat Studio reserves the right to
remove or reclaim any usernames at any time and for any reason, including but
not limited to claims by a third party that a username violates the third party’s rights.
The Service supports only one
Account per game on a supported device.
License Limitations Any use of the Service in violation of these
License Limitations is strictly prohibited, can result in the immediate
revocation of your limited license and may subject you to liability for
violations of law.
You agree that you will not,
under any circumstances:
Cat Studio reserves the right to
determine what conduct it considers to be in violation of the rules of use or
otherwise outside the intent or spirit of these Terms of Service or the Service
itself. Cat Studio reserves the right to take action
as a result, which may include terminating your Account and prohibiting you
from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER
REMEDIES, CAT STUDIO MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS
OR ACCESS TO CAT STUDIO SERVICES OR PORTIONS THEREOF IF YOU ARE, OR CAT STUDIO
SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR
FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR
WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND
PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY
BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE
OF THE SERVICE, AND CAT STUDIO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY
SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER
REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR
PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT,
SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND
LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY
ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL
PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR
SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE
CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF
USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY
INTELLECTUAL PROPERTY RIGHTS.
CAT STUDIO RESERVES THE RIGHT TO
TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Cat Studio reserves the right to
stop offering and/or supporting the Service or a particular game or part of the
Service at any time, at which point your license to use the Service
or a part thereof will be automatically terminated. In such event, Cat Studio
shall not be required to provide refunds, benefits or other compensation to
users in connection with such discontinued Services. Termination of your
Account can include disabling your access to the Service or any part thereof
including any content you submitted or others
submitted.
You may terminate your Account at
any time and for any reason by following the process described on our support
page located at http://cat-studio.net/ informing Cat Studio that you wish to
terminate your Account.
2. Ownership
2.1. Games and Service
All rights, title and interest in
and to the Service (including without limitation any games, titles, computer
code, themes, objects, characters, character names, stories, dialogue, catch
phrases, concepts, artwork, animations, sounds, musical compositions,
audio-visual effects, methods of operation, moral rights, documentation,
in-game chat transcripts, character profile information, recordings of games
played using a Cat Studio game client, and the Cat Studio game clients and
server software) are owned by Cat Studio. Cat Studio reserves all rights,
including without limitation, all intellectual property rights or other
proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR
OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE
THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND
INURE TO THE BENEFIT OF CAT STUDIO.
2.3. Virtual Items
Cat Studio owns, has licensed, or
otherwise has rights to use all of the content that
appears in the Service or in Cat Studio games. Notwithstanding any provision to
the contrary herein, you agree that you have no right or title in or to any
content that appears in the Service, including without limitation the virtual
goods or currency appearing or originating in any Cat Studio game, whether
earned in a game or purchased from Cat Studio, or any other attributes
associated with an Account or stored on the Service.
2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data,
and information that you upload or transmit through a Cat Studio game client or
the Service, or that other users upload or transmit, including without
limitation any chat text. By transmitting or submitting any User Content while
using the Service, you affirm, represent and warrant that such transmission or
submission is (a) accurate and not confidential; (b) not in violation of any
laws, contractual restrictions or other third party rights, and that you have
permission from any third party whose personal information or intellectual
property is comprised in the User Content; (c) free of viruses, adware,
spyware, worms or other malicious code; and (d) you acknowledge and agree that
any of your personal information within such content will at all times be
processed by Cat Studio in accordance with its Privacy Policy. Cat Studio
reserves the right in its sole discretion to review, monitor, prohibit, edit,
delete, disable access to or otherwise make unavailable any User Content
(including without limitation your User Content) without notice for any reason
or for no reason at any time.
3. User Content
3.1. Content Screening
Cat Studio assumes no
responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the
Service for inappropriate content or conduct. We do not, and cannot, pre-screen
or monitor all User Content. Your use of the Service is at your own risk. By
using the Service, you may be exposed to User Content that is offensive,
indecent or otherwise not in line with your expectations. You bear all risks
associated with the use of any User Content available in connection with the
Service. At our discretion, our representatives or technology may monitor
and/or record your interaction with the Service or communications (including
without limitation chat text) when you are using the Service.
By entering
into these Terms of Service, you hereby provide your irrevocable consent
to such monitoring and recording. You acknowledge and agree that you have no
expectation of privacy concerning the transmission of any User Content,
including without limitation chat text or voice communications.
If at any time Cat Studio
chooses, in its sole discretion, to monitor the Service, Cat Studio nonetheless
assumes no responsibility for User Content and assumes no obligation to modify
or remove any inappropriate User Content. We have the right, but not the
obligation, in our sole discretion to edit, refuse to post, or remove any User
Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various
forums, blogs and chat features where you can post User Content, including your
observations and comments on designated topics. Cat Studio cannot guarantee
that other members will not use the ideas and information that you share.
Therefore, if you have an idea or information that you would like to keep
confidential and/or don’t want others to
use, do not post it on the Service. Cat Studio shall have no responsibility to
evaluate, use or compensate you for any ideas or information you may choose to
submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for
the information that you post on, through or in connection with the Service and
that you provide to others. Cat Studio may reject, refuse to post or delete any
User Content for any or no reason, including, but not limited to, User Content
that in the sole judgment of Cat Studio violates these Terms of Service.
3.3. License
You hereby grant to Cat Studio an
irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide
license (including the right to sublicense and assign to third party) and right
to copy, reproduce, fix, adapt, modify, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license, sublicense,
transfer, lease, transmit, publicly display, publicly perform, or provide
access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and
practice, in any way, your User Content as well as all modified and derivative
works thereof in connection with our provision of the Service, including
marketing and promotions of the Service. You also hereby grant to Cat Studio
the right to authorize others to exercise any of the rights granted to Cat
Studio under these Terms of Service. You further hereby grant to Cat Studio the
unconditional, irrevocable right to use and exploit your name, likeness and any
other information or material included in any User Content and in connection
with any User Content, without any obligation to you. Except as prohibited by
law, you waive any rights of attribution and/or any moral rights you may have
in your User Content, regardless of whether your User Content is altered or
changed in any manner. Cat Studio does not claim any ownership rights in your
User Content and nothing in these Terms of Service is intended to restrict any
rights that you may have to use and exploit your User Content. Cat Studio has
no obligation to monitor or enforce your intellectual property rights in or to
your User Content.
3.4. User Interactions
You are solely responsible for
your interactions with other users of the Service and any other parties with
whom you interact through the Service and/or Cat Studio games. Cat Studio
reserves the right, but has no obligation, to become involved in any way with
these disputes. You will fully cooperate with Cat Studio to investigate any
suspected unlawful, fraudulent or improper activity, including, without
limitation, granting Cat Studio access to any password-protected portions of
your Account.
If you have a dispute with one or
more users, you release us (and our officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes.
4. Fees and Purchase Terms
4.1. Purchases
In the Service you may purchase,
with “real world” money, a limited, personal, non-transferable, non-sublicensable,
revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in
Cat Studio games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c)
other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our
authorised partners through the Service, and not in any other way.
Cat Studio may manage, regulate,
control, modify or eliminate Virtual Items and/or Merchandise at any time, with
or without notice. Cat Studio shall have no liability to you or any third party
in the event that Cat Studio exercises any such
rights.
The transfer of Virtual Items and
Merchandise is prohibited except where expressly authorized in the Service.
Other than as expressly authorized in the Service, you shall not sell, redeem
or otherwise transfer Virtual Items or Merchandise to any person or entity,
including but not limited to Cat Studio, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE
FINAL AND NON-REFUNDABLE.
The provision of Virtual Items
for use in Cat Studio games is a service provided by Cat Studio that commences
immediately upon acceptance by Cat Studio of your purchase.
4.2. Payment of Fees
You agree to pay all fees and
applicable taxes incurred by you or anyone using an Account registered to you.
Cat Studio may revise the pricing for the goods and services offered through
the Service at any time. YOU ACKNOWLEDGE THAT CAT STUDIO 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 AN ACCOUNT IS CLOSED, WHETHER SUCH
CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service
is an evolving one. Cat Studio may require that you accept updates to the
Service and to Cat Studio’s games you have
installed on your computer. You acknowledge and agree that Cat Studio may
update the Service and Cat Studio games, with or without notifying you. You may
need to update third party software from time to time in order to receive the
Service and play Cat Studio’s Games.
6. Disclaimer of Warranties
WITHOUT LIMITING CAT STUDIO’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR
YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE. CAT STUDIO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE
SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME
OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability; Sole and Exclusive Remedy;
Indemnification
CAT STUDIO SHALL NOT BE LIABLE TO
YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER
SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH
LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF
SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT CAT STUDIO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. CAT STUDIO SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT
YOU HAVE PAID TO CAT STUDIO IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE
SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A
CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO CAT
STUDIO DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND CAT STUDIO’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH CAT
STUDIO IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow
the exclusion of certain warranties or the limitation or exclusion of liability
for certain types of damages. Accordingly, some of the above disclaimers and
limitations may not apply to you. To the extent that Cat Studio may not, as a
matter of applicable law, disclaim any warranty or limit its liability as set
forth herein, the scope of such warranty and the extent of Cat Studio’s liability shall be the minimum permitted under
such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL
AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY
LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF
CAT STUDIO.
You agree to indemnify, defend
and hold Cat Studio harmless from any claim, demand, damages or other losses,
including reasonable attorneys’ fees, asserted
by any third-party resulting from or arising out of your use of the Service, or
any breach by you of these Terms of Service, however the foregoing does not
apply if the infringement of rights is not attributable to your intentional or
negligent behavior.
8. Dispute Resolution and Law
If a dispute arises between you
and Cat Studio, we strongly encourage you to first contact us directly to seek
a resolution by going to our customer support site at http://cat-studio.net/.
If you are a resident of the United States, these Terms of Service and any
dispute arising out of or related to it or Privacy Policy or the Service shall
be governed in all respects by California law, without regard to conflict of
law provisions. You agree that any claim or dispute you may have against Cat
Studio must be resolved exclusively by a court located in San Francisco,
California. If you are a resident outside of the United States, you agree that
all disputes between you and Cat Studio shall be governed by the laws of
Finland, without regard to conflict of law provisions. You agree that any claim
or dispute you may have against Cat Studio must be resolved exclusively by a
court located in Helsinki, Finland.
9. Severability
You and Cat Studio agree that if
any portion of these Terms of Service or of the Cat Studio Privacy Policy is
found illegal or unenforceable, in whole or in part by any court of competent
jurisdiction, such provision shall, as to such jurisdiction, be ineffective
solely to the extent of such determination of invalidity or unenforceability
without affecting the validity or enforceability thereof in any other manner or
jurisdiction and without affecting the remaining provisions of the terms, which
shall continue to be in full force and effect.
10. General Provisions
10.1. Assignment
Cat Studio may assign or delegate
these Terms of Service and/or the Cat Studio Privacy Policy, in whole or in
part, to any person or entity at any time with or without your consent. You may
not assign or delegate any rights or obligations under the Terms of Service or
Privacy Policy without Cat Studio’s prior written consent, and any unauthorized assignment and delegation by
you is ineffective.
10.2. Supplemental Policies
Cat Studio may publish additional
policies related to specific services such as forums, contests or loyalty
programs. Your right to use such services is subject to those specific policies
and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any
Supplemental Policies and any documents expressly incorporated by reference
herein (including the Cat Studio Privacy Policy), contain the entire
understanding of you and Cat Studio, and supersede all prior understandings of
the parties hereto relating to the subject matter hereof, whether electronic,
oral or written, or whether established by custom, practice, policy or
precedent, between you and us with respect to the Service.
10.4. No Waiver
The failure of Cat Studio to
require or enforce strict performance by you of any provision of these Terms of
Service or the Cat Studio Privacy Policy or failure to exercise any right under
them shall not be construed as a waiver or relinquishment of Cat Studio’s right to assert or rely upon any such provision
or right in that or any other instance.
The express waiver by Cat Studio
of any provision, condition, or requirement of these Terms of Service or the
Cat Studio Privacy Policy shall not constitute a waiver of any future
obligation to comply with such provision, condition or requirement.
Except as expressly and
specifically set forth in this these Terms of Service, no representations,
statements, consents, waivers, or other acts or omissions by Cat Studio shall
be deemed a modification of these Terms of Service nor legally binding, unless
documented in physical writing, hand signed by You and a duly appointed officer
of Cat Studio.
10.5. Notices
We may notify you via postings on
http://cat-studio.net, and via e-mail or any other communications means to
contact information you provide to us. All notices given by you or required
from you under these Terms of Service or the Cat
Studio Privacy Policy shall be in writing and addressed to: Cat Studi. Attn:
Legal, JianWai SOHO No.17 ROOM2603. Any notices that you provide without
compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights
granted and obligations made under these Terms of Service to Cat Studio are of
a unique and irreplaceable nature, the loss of which shall irreparably harm Cat
Studio and which cannot be replaced by monetary damages alone so that Cat
Studio shall be entitled to injunctive or other equitable relief (without the
obligations of posting any bond or surety or proof of damages) in the event of
any breach or anticipatory breach by you.
You irrevocably waive all rights
to seek injunctive or other equitable relief, or to enjoin or restrain the
operation of the Service or any Cat Studio game, exploitation of any
advertising or other materials issued in connection therewith, or exploitation
of the Service or any content or other material used or displayed through the
Service and agree to limit your claims to claims for monetary damages, limited
by Section 7 (if any).
10.7. Force Majeure
Cat Studio shall
not be liable for any delay or failure to perform resulting from causes outside
the reasonable control of Cat Studio, including without limitation any failure
to perform hereunder due to unforeseen circumstances or cause beyond Cat Studio’s control such as acts of God, war, terrorism,
riots, embargoes, acts of civil or military authorities, fire, floods,
accidents, strikes, or shortages of transportation facilities, fuel, energy,
labor or materials.