Thank you for enjoying the games we create. In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following General Considerations, Community Guidelines, and End User License Agreement. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your player experience.
Our Privacy Policy is available to inform you of our data collection practices and your rights with respect to the data we collect from you. We provide it to you separately for two reasons: 1) it is not an agreement to which you must consent in order to enjoy our products—instead, the policy exists solely to communicate our practices and your rights with respect to those practices; and 2) your privacy rights are important to us and deserve your undivided attention. Please take the time to review our Privacy Policy here.
General Considerations and Definitions
For purposes of this Agreement, “Website” means www.kromestudios.com, www.nightofthequinkan.com, and all subpages thereto, including social media pages and accounts (e.g. Facebook), and digital storefronts such as the Steam page for Krome Studios (hereinafter “Krome”) or any of our respective titles, mobile app stores, or international digital distribution (herein “Digital Storefronts”).
The term “Game” or “Games” means our interactive entertainment products, including but not limited to games like “TY the Tasmanian Tiger™”, and “Blade Kitten™”, including each game’s client and all versions thereof across all consoles and playable platforms, and also refers to all expansions, updates, and game keys for digital download, as well as all content and intellectual property embodied therein. Intellectual property on the Krome website that is owned by others, such as The Force Unleashed, The Bard’s Tale Trilogy, Fruit Ninja Academy Math Master, and others, is their exclusive property and is covered under their terms.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devises, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
“Platform” refers collectively, and at times individually, to (1) any launcher, downloader, and content delivery network (“CDN”) Krome requires for use of its services, if applicable, (2) the Krome gaming services made available through the same, (3) each of the Games, (4) authorized mobile applications (“Mobile Apps”) of the Games or relating to the Games and the Krome gaming service, and (5) all features and components of each of them, whether installed or used on a computer or mobile device. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE KROME PLATFORM. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN TEN (10) DAYS AFTER YOUR PURCHASE OF A GAME FROM KROME, YOU MAY CONTACT KROME THROUGH support@kromestudios.com TO INQUIRE ABOUT A POSSIBLE REFUND OF THE PURCHASE PRICE OF THAT GAME. IF YOU PURCHASED A GAME AT RTURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.
“Services” mean all of the products and services offered by Krome, including but not limited to our Games, our website, community and social media accounts, customer support, technical support, and all others means by which you interact with Krome and its products and services.
By accessing the Website, or downloading or purchasing the Game(s), you hereby accept the Community Guidelines, and End User License Agreement contained herein (collectively the “Agreements”) in full. Do not continue to use the Website or Game(s) if you do not accept all of the terms and conditions set forth below.
The following terminology applies to these Community Guidelines, Terms of Service, End User License Agreement, and any or related agreements referenced herein: “End User”, “You” and “Your” refers to you, the person accessing this website/game and accepting the Company’s terms and conditions. “The Company”, “Krome”, “Ourselves”, “We”, “Our” and “Us”, refers to our company, Krome Studios, Inc. and its parents, subsidiaries, and assigns “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
End User License Agreement
Accessing our Games
Accessing certain Services or downloading or installing any of our Games, which may be available on consoles, PC platforms, and other such devices and service providers (depending on the Game in question) may require you to log in to your console, PC platform, or service provider account (“Third Party Account”). We may enable features that allow you to modify or change the information provided through or tracked in connection with your Third Party Account, subject to our Privacy Policy.
You are responsible for the security of your Third Party Account. Krome will never ask you for your password or Third Party Account information for any reason.
Your use of the Services and any progress tracked via your Third Party Account is governed by the End User License Agreement (the “EULA”), Community Guidelines, and those in-game policies Krome may from time to time deploy or enforce at its sole and exclusive discretion. The Community Guidelines and EULA are not meant to be exhaustive. The Community Guidelines and EULA are incorporated into this Agreement by this reference as provided herein.
License
We retain exclusive rights for any and all of any and all State, Federal, and International intellectual property and proprietary rights in and to: (1) our Platform and all tools and applications therein, including but not limited to the CDN, Game launcher, downloading services, and transaction services as may be applicable; and (2) Games and all copies of our Games, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from our Platform or Games. We prohibit the copying, reproduction, and circumvention of technology of our Platform or Games beyond the terms of this license. The Platform, our Games and any technology embodied therein are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Platform, Services and Games is contingent upon your compliance with this Agreement and the License Terms set forth below.
License Terms
If you accept and comply with the terms of this Agreement, Krome will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth below, as follows:
• You may install applicable components or features of the Platform (including the Games) on one or more computers or mobile devices under your legitimate control.
• You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
• You may not transfer your rights and obligations to use the Platform.
• With regards to Games purchased from retailers on original media (e.g., on CD-ROM, DVD, etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Krome does not recognize any purported transfer of the Games.
Some of the Games may be subject to specific license terms that may include the following:
• Trial or “Starter” versions of Games allow you to play a limited version of the Game before you will be required to purchase a Game license from Krome. Licenses to use the full version of these Games can be purchased through the Platform.
• In certain cases, the “full version,” of Games can only be played after you purchase and add a Game license to your Account.
• You may play the Game(s) you have licensed at authorized publicly-available cyber cafés or computer gaming centers on the Platform through an Account registered to you.
In all such cases, and for any rights granted herein by Krome, the following limitations apply:
• You represent that you are at least the age of majority in your country of residence, or you are at least thirteen (13) if you reside in the United States. You agree to this End User License Agreement on behalf of yourself and, at your discretion, any child for whom you are a parent or guardian, whom you have authorized to play the Game using the license granted to you (however, please review our Privacy Policy if you are a parent or guardian prior to allowing any child to play our Games);
• You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Platform, Services, or Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Platform, Services or Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Platform, Services or Game;
• You must comply with the Community Guidelines set forth below. Failure to comply with the Community Guidelines will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to Krome or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
• Absent a valid distribution Agreement between you and Krome, you may not commercially exploit or otherwise make the Platform or Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Platform or stand-alone Game products. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game;
• You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Platform, Services, or in-Game experience, other than the ones Krome allows or supplies;
• You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Platform, Services or Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
• You may not modify or cause to be modified any files that are a part of the Platform, Services or Game in any way not expressly authorized by us;
• You may not provide or develop matchmaking services for the Platform or Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
• You may not facilitate, create or maintain any unauthorized connection to the Platform, Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us;
• You may not violate any applicable law or regulation in connection with your use of the Platform, Services, or Game; and
• disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM OR GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Merchandise, Crowdfunding Rewards and Online Purchases
Physical Goods – You may be entitled to receive certain rewards in connection with your contribution when you participate in our crowdfunding campaigns on any crowdfunding platform, including but not limited to Kickstarter, Fig, or our own crowdfunding donation webpages. We will remit such rewards to you in accordance with the terms of the crowdfunding platform or as otherwise set forth in the crowdfunding campaign information. In addition to rewards available via crowdfunding contributions, you may have an opportunity to purchase additional rewards via services such as Backerkit, CrowdOX and other such services that allow you to make additional crowdfunding contributions or direct merchandise purchases. Please be advised that all such purchases, and any information collected in connection therewith, will be governed by the applicable crowdfunding platform’s Terms of Service and Privacy Policy, as well as our Privacy Policy.
Game Assets; Prohibition Sale or Exchange – In the event that we decide to include virtual item purchases in any of our titles, you hereby acknowledge and agree that you have no claim, right, title, proprietary or ownership interest in any of the virtual items, in game currencies or other in game asset or purchase (“Game Asset(s)”) regardless of any consideration offered or paid in exchange for those game assets; and Krome shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage or loss of any kind caused to any of the Game Assets, including, but not limited to, deletion of game assets upon the termination or expiration of your account.
You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Game Assets. For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Game Assets for anything of value regardless of whether such value arises from the Service or in the real world.
Refunds – Please be advised that we will only issue refunds in the event that you do not receive your rewards or merchandise, or if the same are provably and substantially damaged. Requests for refunds may not be requested until at least ten (10) days after the estimated delivery date for such reward.
Fees and Payment Processing – Our Games may be purchased through multiple channels such as Steam or through other Digital Storefronts, but if and when we have Virtual Assets they may only be purchased through our authorized channels. Additionally, any in-game purchases, including but not limited to Virtual Storefront purchases, will be payable through our payment processing and item delivery system. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account you registered. Krome may revise the pricing for its Games and all in-game purchases at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or services or products by, Krome, your Account may be suspended or closed without warning or notice at the sole discretion of Krome.
Third Party Software
Krome may rely on third party licensors and software in connection with providing the Platform and Games (“Third Party IP”). Except to the extent required for your operation and use of the Platform and Games, you may not: (i) use, copy, reproduce, integrate, distribute, display, perform, adapt, enhance, modify, alter, create derivative works of, or otherwise exploit the Third Party IP; (ii) decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code (or the underlying ideas, algorithms, structure, or organization) of the Third Party IP; or (iii) assign, sublicense, or otherwise transfer the Third Party IP. You are prohibited from any effort to reverse engineer or otherwise circumvent any rights related technology in the Third Party IP, and you are further prohibited from offering the Third Party IP as a stand-alone product.
Any attempt to circumvent, modify, or alter the Third Party IP in connection with the Platform or Games will result in the immediate termination of your Account, and Krome preserves any and all other legal rights and claims, including but not limited claims by third party licensors.
Ownership and Independent Origin
All characters, events, and portrayals contained in the Platform, Services and Game(s) are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, we do not claim any right, obligation, or liability in and to User Generated Content or third-party content otherwise made available in the Game. The rights in and to any such third-party content remains with its respective owners.
DISCLAIMER
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE PLATFORM, SERVICES OR GAME AND RELATED SOFTWARE THEREIN, ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
NO WARRANTIES
KROME AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE PLATFORM, SERVICES OR GAMES. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE PLATFORM OR GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTION ACCOMPANIED BY LIMITED BRAIN ACTIVITY, AS WELL AS AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAMES.
LIMITATION OF LIABILITY
YOUR USE AND PURCHASE OF THE PLATFORM AND GAMES IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE PLATFORM OR GAMES. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR YOUR USE OF THE PLATFORM OR GAMES.
Term and Termination
Term – This Agreement is effective upon your creation of an Krome Account, and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that Krome chooses to cease providing the Services, or license to a third party the right to provide the Services, Krome shall provide you with no less than thirty (30) days’ prior notice. Neither the Services nor Krome’s agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of Krome’s servers or other technology.
Termination – You are entitled to terminate this Agreement at any time by notifying Krome by email at support@kromestudios.com.
Krome reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Krome may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as skins, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Krome Account prior to any termination of this Agreement. In addition, you will not be able to use the Services.
General
Governing Law – This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Washington, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
Embargos – Neither the Game nor Services may be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Assignment – Krome may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Krome’s prior written consent. Your assignment of this Agreement without Krome’s prior written consent shall be void.
No Waiver – Krome’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Krome may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure – Krome shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of God, disturbances in the Force, alien lifeform (e.g., Borg) invasion, any pandemic bacterial or viral infections leading to the reanimation of expired human remains, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond Krome’s control.
Severability – If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Entire Agreement – This EULA, along with Krome’s other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Survival – All provisions reasonably necessary to preserve any and all rights and available claims by Krome survive termination of this Agreement for any reason.
Community Guidelines
We want to make sure that our Games and Website remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting our Terms of Service and End User License Agreement, you understand that these Community Guidelines apply to your use of both the Website and our Games, as well as any and all social media channels (including but not limited our Digital Storefronts, Facebook and similar social media platforms, as well as online video and streaming platforms such as, by way of example and by no means a limitation of the foregoing, YouTube.com and Twitch.tv) in connection with Games operated or managed by Krome (collectively herein the “Community”). Your failure to comply with any part of the Community Guidelines may result in your Krome account termination, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.
Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless Krome and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.
User Comments and Feedback
Our Community offers various opportunities to interact and share your opinions and thoughts with us and other End Users or via our social media pages, through the Game’s Steam page and other online storefronts, or via other Community initiatives. However, please note that the opinions or views expressed, or statements made to the Community (other than by Krome’s employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online “chat”, streaming, and VOIP services (via Discord, Twitch, or comparable social media outlets), or via the communication features of the Game (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Krome.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community Guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with the promotion of the Game.
We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or Website (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to Krome, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.
User Generated Content
We encourage our End Users to create and share your fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”). We also encourage streaming and recording your game play and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv—for the purpose of these Agreements, we also consider your streams and videos containing our Game “User Generated Content”.
We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content with the Community, you grant Krome an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with our Games.
However, User Generated Content shared with the Community must comply with these Community Guidelines and our End User License Agreement. Failure to comply with any of the terms contained therein may result in the cancellation of your Krome account and whatever other legal remedies may be available to us, including issuing take downs to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
The Privacy Policy is also important in connection with User Generated Content, as we may collect, store, and share your User Generated Content pursuant to that policy.
Infringing Content
To the extent possible under International Law, Krome is not liable for any copyright infringement arising from any User Generated Content shared with the Community or through our Games or Website. However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner’s behalf.
The above information should be provided for our Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached by emailing copyrightsupport@kromestudios.com.
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:
1. Your physical or electronic signature;
2. your name, address, and phone number;
3. identification of the material and its location before it was removed;
4. a statement under penalty of perjury that the material was removed by mistake or misidentification;
5. your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
6. your consent to accept service of process from the party who submitted the takedown notice.
Community Rules and Restrictions
By entering into these Agreements and accepting the Community Guidelines, you agree to comply with the following:
• Nothing you share with the Community, including but not limited to User Generated Content or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or other right of any third party;
• To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
• You will NOT harass other users. Harassment includes but is not limited:
o Publicly disclosing personally identifiable information of another End User or member of the Community;
o Stalking, doxing, or otherwise infringing on the privacy of any member of the Community;
o Disparaging, defaming, name-calling, or engaging in any form of discrimination against another member of the Community;
o Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to a member of the Community;
o Making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or Krome; or
o Using exploits, hacks, or third party tools to obtain an unfair advantage against other members of the Community.
• You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion.
• You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Games that you dislike. Your sole remedy for that is to stop playing that Game;
• You will not engage in solicitation or advertise other products or services to the Community without our prior consent (e-mail is sufficient);
• You may not commercially distribute, sell, or otherwise commercially exploit User Generated Content (including video streaming) without our prior consent (e-mail is sufficient).
Website
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury resulting from negligence;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
Trademarks
The Krome trademarks (“Krome Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community Guidelines; AND (2) when the applicable Krome policy associated with that activity specifically references your right to use the Krome Marks pursuant to this policy. For instance, a fan site, our Social Media pages and Deviantart.com policies all permit the use of Krome Marks pursuant to this policy.
• You may use the Krome Marks only for non-commercial purposes, except as permitted by the applicable policy.
• The Krome Marks may only be used in connection with high quality materials (e.g., websites, etc.).
• Use the appropriate trademark symbol (™, ®) listed below the first time that a Krome Mark appears in your material (e.g. “Krome Studios™”).
• You should provide credit to Krome by using the credit lines associated with the Krome Marks that you use (see below).
Do Not:
• alter a Krome logo other than to adjust the overall size of the logo;
• modify or alter a Krome Mark or logo or use them in a way that confuses Krome or its games with another brand, game, or game developer/publisher.
• use a Krome Mark in a plural or possessive form;
• use a Krome Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
• use a Krome Mark in conjunction with your name or any other trademark or trade name, e.g. “BossCass’s TY the Tasmanian Tiger”.
• You may not use the Krome Marks in a way that is deceptive, harmful, obscene or disparaging to others.
• You may not present or feature a Krome Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities.
• use a Krome Mark in the domain name of your website’s URL;
• apply for trademark registration of a product, service, etc., with a name that includes a Krome Mark or, any variation thereof;
• use a Krome Mark in a manner that, in Krome’s sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; and
• use a Krome Mark in any manner than implies a relationship with, sponsorship, or endorsement by Krome, unless otherwise authorized by Krome in writing.
