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Last updated: 26.07.2024.
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (hereinafter referred to as the “EULA”) governs your purchasing, downloading and use of the software “Armor Attack” on PC and/or mobile devices (as well as content containing in this software), its associated upgrades, patches, and updates and related services (hereinafter referred to as the “Product”) currently provided or which will be provided by KEK ENTERTAINMENT LTD, a company duly incorporated and existing under the laws of the Republic of Cyprus with registration number HE 425040 and whose registered office is at: Archiepiskopou Makariou III 155, Proteas House, 5th floor, 3026, Limassol, Cyprus (hereinafter referred to as “We”, “Us”, “Our”, “KEK”).
This EULA sets out the basis on which KEK makes the Products available to you (hereinafter referred to as the “User” or “You”, “Your”) and on which You may use them. Please note that KEK’s Privacy Policy (hereinafter referred to as the “Privacy Policy”) which can be found on https://kek.games/upload/kekprivacypolicy.html, forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Product.
While using the Product, You agree to comply will all applicable laws, rules and regulations. In all cases, You may only use the Product according to anticipated use of the Product.
Children under the age specified by the corresponding platform where You can download Product (“Platform”) may not utilize an account (hereinafter referred to as the “Account”), the Product, nor enter into this EULA even with the consent of a parent or legal guardian. Account users under 18 or the age of majority where they live (a “Child”) must review this EULA and the Privacy Policy together with Your parent or guardian. If You are the parent or legal guardian of an Account user who is a Child, You also agree to be bound by this EULA on the Child’s behalf. In the event that You permit Your Child to use an Account (hereinafter referred to as the “Account”) or the Product, You hereby agree to this EULA on behalf of yourself and Your Child, and You understand and agree that You will be responsible for all uses of the Account or the Product by Your Child whether or not any particular use was authorized by You. Parents/guardians are jointly and severally liable for all acts and omissions of their Child for all uses of the Account and Product.
KEK reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described in Section 10 below.
1. LICENSE GRANTING
KEK (or its licensors) grants You a personal, non-commercial, non-sublicensable, non-transferable, non-exclusive license to install and/or use the Product (in whole or in part) and any Product (the “License”) until You or KEK terminate this EULA. In no event shall You use the Product or this License for commercial purposes or allow others to do so without obtaining permission from KEK. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS NOT FOR SALE, BUT IS LICENSED TO YOU FOR YOUR NON-COMMERCIAL USE.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply (for example, compliance with the wireless data service agreement in case the Product is featuring a VoIP application), and You must comply with such additional terms to use the Product.
1.1. Among other things, You agree not to do any of the following (directly or indirectly):
a. to use or transmit within the Product any element or content that infringes or violates any intellectual property, privacy, or publicity rights of KEK or any third party, or to or encourage others to violate;
b. to sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially;
c. to create, use, distribute and/or publish in any way (forum, public profile, etc.) within the framework of the Product any materials (text, words, images, sounds, videos, etc.), if in this way any obligations on non-disclosure of confidential information may be violated or actions of an illegal nature provoked (in particular, piracy, hacking or distribution of counterfeit copies of software);
d. to reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit the content generated by Users and for which You will need to create an Account and comply EULA), in whole or in part;
e. to indicate Your or someone else's personal data related to race, nationality, religious and philosophical views, health status and personal life;
f. to perform actions aimed at gaining access to elements and functions of Product for which You do not have permission from KEK;
g. to modify, alter, translate, adapt, reproduce, index, copy and/or extract in any way any information or other element or part of the Product without the prior consent of KEK;
h. to modify, distort, block, overburden, interrupt, slow down and/or interfere with the normal functioning of the Product, or access to it by other users, or the functioning of partner networks of the Product, or attempt to take any of the above actions;
i. to use or transmit within the Product any element or content that KEK may consider aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophile, calling for suicide or describing ways of committing suicide, related to the methods and methods of developing, manufacturing and using narcotic drugs and other psychotropic substances, pointing to the places of manufacture and purchase of such drugs and other psychotropic substances, as well as related information, obscene, vulgar, racist, xenophobic, inciting hatred, showing images of a sexual or violent nature, contrary to moral norms, unacceptable for another reason;
j. to introduce or distribute any virus programs, Trojans, worms, bombs, corrupted files and/or other similar malicious means or corrupted data through the Product, and/or organize, participate in any capacity in attacks on KEK servers and/or Product and/or KEK providers and partners;
k. to create, use and/or distribute automated or macro-command computer programs, robots, bots or other copying programs and software applications and/or use of Product through mirror sites;
l. to create or distribute devices that provide third parties with an alternative opportunity to use Product, such as server emulators;
m. to harass other users of the Product, send them unsolicited advertising messages, use the Product for research, competitions, pyramid sales and other similar operations or for mass mailing of electronic messages, spam or other unwanted advertising materials for commercial purposes, etc.;
n. to use false information, use another user's account, assign someone else's identity, or provide false information about other individuals and legal entities within or during the use of the Product;
o. without KEK's permission, to use any means to collect and intercept data exchanged by users during the use of the Product, or their names/screen names and/or access passwords of any of the other users;
p. attempt to obtain an access password, Account information or other personal information from any user, and/or sell, rent, share, provide for use and/or otherwise transfer to third parties the right to use Your Account and/or the ability to access it and/or otherwise provide third parties with the opportunity get benefits using Your Account;
q. to seek access, use, download from the Product or otherwise obtain or supply to third parties (free of charge or for a fee) any lists of users of the Product or any other information about users and their use of the Product;
r. not to comply with the requirements of KEK representatives and/or impersonate an employee or representative of KEK or affiliated companies, partners and/or agents of KEK;
s. to remove, alter, disable or circumvent any copyright and trademark notice or other author and manufacturer information, notices or labels contained on or within the Product;
t. to export or re-export the Product or copies of adaptations in violation of any applicable laws or regulations;
u. to impersonate an employee or representative of KEK, their partners and/or agents;
v. to falsely claim affiliation with a Product or company and support for KEK.
1.2. We assume and approve that You may create fan content while using the Product, such as posting gameplay videos or streams on YouTube and Twitch, creating fan art, character cosplay props, and more. Any fan content you create is welcome, within reason.
However, in order to ensure the safety of the Product, if You create fan content, please observe the following guidelines:
1.2.1. Do not use fan content for commercial purposes. Since fan content is created by fans for fans, You may not use Our Product for commercial purposes in any way, with some exceptions (such as monetizing Your videos and streams through YouTube and Twitch affiliate programs (and other similar video/stream hosting programs), but these should never be limited to paid access only).
1.2.2. You shall not force people to pay for fan content or introduce paid access. Such contributions (donations) must be voluntary only.
1.2.3. You shall clearly state in a reasonable and prominent place in Your fan content that “This is unofficial fan art that is not approved or endorsed by KEK ENTERTAINMENT LTD” (or an analogue that does not misrepresent the content). We forbid giving the false impression in any way that Your work is approved or endorsed by Us.
1.2.4. Your fan content must exist separately and may not be incorporated into third party games or products.
You are the owner of the new original fan content that You create. However, since Your fan content is based on Our Product, We may want to showcase it on Our social media channels, make it available to other players in the Product, etc. In order to enable Us to showcase fan content, from the moment You create fan content, You grant us a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, modify, reproduce, create derivative works from, distribute, use, transmit, perform and communicate Your fan content in connection with Our Product.
1.3. Auto-Generated Players. As part of the Product, we may offer You the opportunity to play with your friends or other matched opponents. To ensure that You have available opponents at the right skill level, some of these matched opponents may be auto-generated, computer-controlled players that look and play like real people.
1.4. Advertisement. If You download and/or play the Product, You will receive advertising messages that appear within and around the game environments. Viewing advertisements is voluntary and compensatory: You will be eligible for special prizes for viewing them.
The advertising in the Product generated by third parties does not constitute an endorsement by KEK, or its subsidiaries and affiliates, of the opinions or views expressed by these third-party websites or advertisers. KEK explicitly disclaims any responsibility for the accuracy, availability, completeness, or quality of the content contained on such sites. Further, KEK is not responsible for the quality or delivery of the products or services offered by, accessed through, obtained by, or advertised in such advertisements, including the third-party websites linked therein. As such, neither KEK nor its subsidiaries and affiliates are responsible for any errors or omissions, or for the consequences resulting from the use of such information contained in such advertisements, including the third-party websites linked therein.
2. OWNERSHIP RIGHTS
2.1. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO PROPERTY RIGHTS OR OTHER PROPERTY RIGHTS TO THE PRODUCT; YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND WILL ALWAYS BE VESTED IN KEK IN FURTHERANCE OF ITS INTERESTS. Except for the rights expressly licensed to You hereunder, all title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by KEK or its licensors.
2.2. You may not give, purchase, sell, trade, exchange, market, offer for sale, license, assign or otherwise transfer Your rights, responsibilities or obligations under the EULA, whether in whole or in part, without the prior written consent of KEK, modify, create derivative works, commercialize, or otherwise exploit the Product, or Your Account unless subject to separate, express written terms provided by KEK permitting such conduct. Any attempt to do so shall be null and void.
2.3. Without limiting the foregoing, nothing in the limited License granted in EULA authorizes the use of the Product, or Your Account in any manner to develop, train, enhance, or provide source material for, or promote, any Generative AI Tools; and for the avoidance of doubt, any such uses are hereby explicitly prohibited. “Generative AI Tools” means any tool or computer program that uses algorithms or technology commonly known as artificial intelligence or machine learning to create or generate content such as, but not limited to, software code, written text, still or moving images, musical works, human voice emulation, audio material, or other creative works based on text, image, sound prompts, or other inputs. If We terminate Your Account or this Agreement in accordance with the provisions below, any License from Us to You to use the Product, ends immediately.
2.4. The Product is protected by national and international laws, copyright treaties and conventions and other laws. All rights reserved. KEK and its licensors may enforce their rights in the event of any breach of the EULA.
2.5. This Product may contain certain licensed materials and, in that event, KEK’s have the right to enforce their rights in the event of any violation of the EULA. Any reproduction or representation of these licensed materials in any manner and for any reason is prohibited without KEK’s prior permission and, if applicable, KEK’s licensors and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by KEK.
This EULA confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
2.6. We may provide patches, updates, or upgrades to the Product that may be required to continue using the Product, including automatic or “in the background” updates without notice to You. Such updates are subject to this EULA unless other terms are presented with the updates, in which case, those other terms apply. We are not obligated to make any updates available. We do not guarantee that we will support the version of the system or device for which You licensed, obtained, or purchased any part of the Product, unless we have made claims regarding compatibility. We may from time to time, without additional cost to You, modify, alter, or suspend, whether in whole in part, any of Product for any reason.
3. REGISTRATION AND USER CONTENT
3.1. Registration requirements. If You wish to become a registered User and use the Product, You must read the EULA and indicate Your acceptance during the User registration process. In consideration of Your use of the Product, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Republic of Cyprus or other applicable jurisdiction.
If You register in the Product, You may be required to choose a password and username, and You may be asked for additional information regarding Your account, such as Your email address. You can also link the Account to an existing Google (Apple) account. You are responsible for maintaining the confidentiality of Your password and account information, and are fully responsible for all activities that occur under Your password or Account. You agree to (a) immediately notify KEK of any unauthorized use of Your password or Account or any other breach of security, and (b) ensure that You log out from Your account at the end of each session. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another User’s account without prior authorization from KEK. KEK will not be liable for any loss or damage arising from Your failure to comply with this EULA.
3.2. KEK may (but is not obliged) provide features of the Product that allow You to create, develop, modify, or make available content (“User Content”), and to upload, publish, or otherwise make User Content available to some or all users of the Product. These features may also allow You to interact with, manipulate, and modify User Content, in whole or in part. KEK may modify, limit or discontinue certain features of the Product without notice or liability to You.
If you create User Content, You agree to abide by the EULA at all times during and after the creation of such User Content.
In this regard, You hereby grant to KEK a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable license, for commercial and non-commercial purposes, to the User Content for the purpose of representing this User Content on the KEK’s website and in the Product without compensation to you.
3.3. You may notify KEK that You wish to terminate the EULA and remove the User Content from the Product, and KEK agrees to consider such request. For the avoidance of doubt KEK removes the User Content from the Product under KEK’s discretion.
3.4. If You post or make available any User Content in the Product, You grant KEK permission to post, copy, import, store, modify, adapt, display, publicly perform, reproduce, create derivative works, publicly display, transmit, sublicense and distribute (collectively, “Use”) such content. This authorization is perpetual and irrevocable and applies to any media, platform or channel in connection with the Product.
You understand that You are not entitled to receive any compensation, fee, reward or other consideration in connection with Your User Content for any reason, including KEK's exercise of the rights You grant to KEK in this section, and that KEK is under no obligation to exercise the rights You grant to KEK.
3.5. KEK does not permit acts of intellectual property infringement through the Product.
3.6. If You choose to create, generate or make available User Content, You are solely responsible for Your User Content and represent and warrant that:
a. You are the creator and owner of, and possess all necessary licenses and rights to use, and authorize KEK to use the license granted above;
b. Your User Content and KEK's use of User Content in accordance with the terms of the EULA will not infringe the rights of any third party, including copyright, trademark, patent, trade secret, moral, privacy or publicity rights;
c. KEK does not need to obtain any additional licenses, copyrights, royalties or other compensation from third parties; and
d. KEK's use of Your User Content will not violate any third-party contract or cause KEK to violate any applicable laws or regulations.
3.7. You are responsible for Your User Content, so please do not post objectionable content in or through the Product. If You do, we may be forced to delete it. KEK may, but is not obligated to, edit or control User Content that You or others provide through the Product. KEK may at any time filter, delete, edit, block or refuse to publish User Content that violates the EULA or is otherwise undesirable, as determined at KEK's discretion, without prior notice or any obligation to You or any third party. If You provide User Content, You can only use the tools that KEK provides as part of the normal functionality of the Product to remove or modify this particular type of User Content.
3.8. To the maximum extent permitted by law, You waive and agree to waive all rights to authorship, attribution, inviolability, disclosure, withdrawal and any other rights that are known or referred to as “moral rights” or other similar rights recognized in accordance with recognized in accordance with any legal or legal practice of any country or in in accordance with any agreement, regardless of whether such a right is referred to as a “moral right” (hereinafter collectively “Moral Rights”) in relation to and to Your User Content. In addition, You knowingly and irrevocably agree not to exercise any Moral Rights with respect to Your User Content that You have not waived in any way that impedes the exercise of the rights granted. You waive and agree not to assert Your Moral Rights even if Your User Content is changed or redone in a way that does not suit You.
3.9. You acknowledge that KEK may or may not pre-screen User Content posted on the Product, that KEK is not responsible for the accuracy of the data, but that KEK shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any User Content or portion thereof that is available via the Product, for any reason. Without limiting the foregoing, KEK shall have the right to remove from the Product any User Content that violates this EULA or is otherwise objectionable in the sole discretion of KEK. If You become aware of misuse of the Product by any person, please contact KEK.
3.10. The Product is designed as a closed virtual universe. You may not use virtual currency, goods, or assets such as coins, points, tokens, gold, gems, weapons, vehicles, buffs, power-ups, trophies, rewards, or badges (hereinafter referred to as the “Virtual Items”) separate from or outside of the Product. You may not sell or exchange Virtual Items for real currency or anything of real-world value. You may not make available any cheats, technological measures, or other methods designed to enable or encourage any collection, selling, or trading of Virtual Items. You may not create or participate in any exploitation of price differences of Virtual Items by any means (for example, between real currency prices).
4. PAID CONTENT. PAYMENT
4.1. Paid Content. The Product provides the option to purchase virtual items, in-game currency, paid subscriptions or other content and services (“Paid Content”). You may purchase Paid Subscriptions only if you comply with the terms of this EULA and have an Account.
4.2. Please note that Paid Content cannot be exchanged for other Paid Content, except as permitted by the functionality of the Product. Paid Content may not be sold or transferred to the third parties, as well as exchanged for money or other goods or services.
You may only purchase Paid Content from Us (or from a person authorized by Us); you may not obtain (attempt to obtain) Paid Content from others or by any other means.
4.3. In-Game Currency. KEK may provide the User with the opportunity to purchase additional in-game currency (“In-Game Currency”) within the Product.
In-game currency is not a means of payment and serves the sole purpose as a means of exchange for in-game items. In-game currency cannot be exchanged for cash, or other valuables other than in-game items during normal gameplay. Any unused In-Game Currency cannot be converted back into cash.
4.4. You may be given the opportunity to purchase a limited personal, non-transferable, non-sublicensable, revocable license to use the In-Game Currency for money exclusively from KEK and/or its authorized partners using one of the approved payment methods provided for the Product.
4.5. KEK will credit the In-Game Currency to the User's Account upon receipt of payment. The crediting of the In-Game Currency to the Account shall be done as soon as possible. User acknowledges and agrees that due to circumstances beyond KEK's control, there may be delays in receiving payment information from the payment processing system with respect to User's in-game purchases.
4.6. KEK is not responsible for the loss by the User during the game process of the In-Game Currency received as a result of using the Product.
4.7. Taking into account the technical complexity of the Product and the resources used for its functioning, KEK performs regular diagnostics of the Product during its maintenance. KEK is entitled to remove from the Account the In-Game Currency already displayed in the Account in case the abovementioned diagnostics reveals that the In-Game Currency was displayed in the Account erroneously, including as a result of a defect or error in the Product or on the Product's website, or as a consequence of fraudulent actions of any Users or third parties, as well as if the presence of the said In-Game Currency may cause incorrect operation of the Product.
4.8. If a User is a minor under applicable law, the User may purchase additional In-Game Currency within the Product solely with parental consent. KEK may request confirmation of parental consent from time to time.
4.9. If KEK discovers that parental consent has not been given by the User's parent/guardian, or if the User fails to provide confirmation of parental consent, KEK may remove the In-Game Currency already displayed in the Account and apply other sanctions provided for in the EULA.
4.10. KEK is entitled to suspend or terminate the EULA at any time without notice to the User and without giving any reasons, without reimbursement of any costs, losses or refunds received under the EULA, including if the User does not use his/her Account for 12 (twelve) months or more, as well as in case of any, including a single breach by the User of the terms and conditions of the EULA, including the code of conduct, unless otherwise expressly provided for by applicable law. For the avoidance of doubt, in the event of suspension or termination of the EULA on the grounds specified in this clause, the User's rights to inactivated data and commands shall cease and the In-Game Currency shall be deleted from the User's Account.
4.11. Paid Subscription. Certain Product service options are provided free-of-charge, while other options require payment before they can be accessed (“Paid Subscription”). Under Paid Subscription the user may receive additional functionality and/ or features that are not available for common users. These features are added on an ongoing basis.
4.12. All payments made by the Account holder are deemed to have been made personally, without any reference to a third party making the payment.
4.13. Billing. You may purchase any Paid Content in the online app store, including Google Play or AppStore, as well as on the website, by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to You prior to Your purchase. Some purchases may be made within the Product.
Please note that we are not responsible for the quality of Paid Content payments in online app stores.
4.14. Price and tax changes. We may from time to time change the price for any Paid Content, and will communicate any price changes to You in advance on reasonable notice. Price changes will take effect at the start of the next payment period following the date of the price change. Subject to applicable law, by continuing to use the KEK’s services after the price change takes effect, You will have accepted the new price. If You do not agree to a price change, You can reject the change by unsubscribing from the applicable Paid Content prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of Your charge. These amounts can change over time with local tax requirements in Your country, state, territory or even city. Any change in tax rate will be automatically applied based on the Account information You provide.
4.15. Renewal and Cancellation. Your payment to the online app store through which You purchased the Paid Content will automatically renew at the end of the applicable payment period, unless You cancel Your Paid Content before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and You will be downgraded to the free version of the KEK’s services.
Please note that we are not responsible for notifying You for the renewal of the Paid Content, including notifying by email or in the Product.
4.16. Refunds. Refund policies are set in accordance with the policies of the Platforms (including Google Play and AppStore) where the Product is hosted. Please note that none of the fees paid by You for the current subscriptions, in whole or in part, will be refunded to You if your Account is blocked or banned by Us by any reason.
5. FEEDBACK
5.1. By sending Your feedback and suggestions to KEK (hereinafter referred to as the “Feedback”), You grant KEK a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit any Feedback provided to Us without restriction or compensation to You. If any of these rights cannot be licensed under applicable law (such as moral law and other personal rights), You hereby waive any such rights. You understand and agree that KEK is not obligated to implement any Feedback provided by You. You agree that if KEK uses Your Feedback, KEK is not obligated to include You in the list of thanks or pay any compensation for Your contribution to the work. You represent and warrant that You have sufficient rights to any material included in the Feedback You send to KEK to grant KEK and other interested parties the rights described above. This includes, but is not limited to, intellectual property rights and other proprietary or personal rights.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
6.1. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KEK, KEK’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. KEK DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
6.2. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY THIRD-PARTY INCLUDING ANY LIABILITY FOR: (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS OR CONTRACTS; (IV) LOSS OF ANTICIPATED SAVINGS; (V) LOSS OF DATA; (VI) LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT WEBSITE; (VII) LOSS OF GOODWILL; (VIII) WASTED MANAGEMENT OR OFFICE TIME; AND (IX) FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
6.3. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH KEK OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE DEVICE THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, KEK’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT KEK, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO KEK FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
6.4. A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS, INCLUDING SOME OF THE VISUAL EFFECTS THAT APPEAR IN CERTAIN VIDEO GAMES. SYMPTOMS MAY EVEN BE EXPERIENCED BY INDIVIDUALS WITH NO HISTORY OF EPILEPSY OR PHOTOSENSITIVITY. IF YOU OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC OR PHOTOSENSITIVITY CONDITION, PLEASE CONSULT YOUR PHYSICIAN BEFORE PLAYING ANY OF OUR VIDEO GAMES.
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING ANY OF OUR VIDEO GAMES, IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE RESUMING PLAY: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
7. INDEMNITY
7.1. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO KEK, ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND SUBCONTRACTORS, OTHER USERS OF THE PRODUCT OR ANY OTHER INDIVIDUAL OR LEGAL ENTITY AS A RESULT OF YOUR VIOLATION OF THIS EULA.
7.2. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS KEK, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT.
7.3. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
7.4. THIS INDEMNIFICATION PROVISION WILL SURVIVE THE TERMINATION OF THIS EULA AND YOUR USE OF KEK.
8. APPLICABLE LAW AND DISPUTE RESOLUTION
8.1. Applicable Law. This EULA and Your use of Product shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
8.2. Dispute Resolution. All disputes or claims arising out of or in connection with this contract, including disputes relating to its validity, breach, termination or nullity, shall be finally settled by courts of the Republic of Cyprus.
8.3. Injunctive Relief. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights and Confidential Information in any court of competent jurisdiction.
9. TERMINATION
9.1. The EULA is valid from the earliest date of purchase, download or use of the Product by You, until its termination in accordance with its terms. You and KEK (or its licensors) may terminate this EULA, at any time, for any reason. Termination by KEK will be effective upon (a) notification to You or (b) closure of Your Account (if any) or (c) at the time KEK decides to terminate the offer and/or Product support. This EULA will terminate automatically if You violate any of the terms of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
9.2. If KEK determines in its sole discretion that You are violating any of the terms of this EULA, KEK may: (1) notify You, and (2) use technical measures to block or restrict Your access or use of the Product. In either case, You agree to immediately stop accessing or using in any way (or attempting to access or use) the Product, and You agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If KEK terminates Your Account or suspends or discontinues your access to the Product due to Your violations of this EULA, then You will not be eligible for any credit, refund or discount or other consideration.
10. AMENDMENTS
10.1. KEK reserves the right, in its sole discretion, to revise, update, modify, add to, supplement, or delete certain terms of this EULA for security, protection, legal or regulatory reasons. Such changes will be valid with or, depending on the conditions, without Your prior notice. You can see the latest version of this EULA by clicking on the “EULA” link located on the Product or on https://www.armor-attack.com/. KEK reserves the right to make mailings regarding changes to this EULA, but You should also periodically check for changes to this EULA. If any future changes to this EULA are unacceptable to You or make it impossible for You to comply with this EULA, You may terminate this EULA in accordance with Section 9 and must immediately uninstall the Product and destroy all copies thereof. By continuing to use the Product after any revision of this EULA, You confirm Your full irrevocable acceptance of all and every change.
10.2. KEK may at any time, at its discretion, modify the Product for any reason or without any specific reason, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that KEK may stop to support previous versions of the Product when an updated version is available. KEK’s partners and related service providers shall have no obligation to provide any maintenance or customer support with respect to the Product.
11. MISCELLANEOUS
11.1. The EULA represent the complete agreement between You and KEK concerning the Product, and supersede any prior or contemporaneous agreements between You and KEK. The EULA shall coexist with, and shall not supersede any other KEK policies referenced in this EULA. You and KEK agree that we each have not relied upon any terms, conditions, representations, warranties or similar that are not expressly set out in the EULA.
11.2. You agree that no joint venture, partnership, employment, or agency relationship exists between You and KEK as a result of the EULA or Your use of the Product.
11.3. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the remaining provisions of this EULA remain in full force. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect KEK’s initial intentions.
11.4. No failure or delay by KEK (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by KEK or by the User.
11.5. You may not assign its rights under this EULA, in whole or in part, to any person or entity at any time without Our prior written consent. Any unauthorized assignment by You shall be null and void. We may assign its rights under this EULA, in whole or in part, to any person or entity at any time without Your prior consent.
If You have any questions or comments regarding this EULA or the Product, feel free to contact Us by email info@kek.games.
THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (hereinafter referred to as the “EULA”) governs your purchasing, downloading and use of the software “Armor Attack” on PC and/or mobile devices (as well as content containing in this software), its associated upgrades, patches, and updates and related services (hereinafter referred to as the “Product”) currently provided or which will be provided by KEK ENTERTAINMENT LTD, a company duly incorporated and existing under the laws of the Republic of Cyprus with registration number HE 425040 and whose registered office is at: Archiepiskopou Makariou III 155, Proteas House, 5th floor, 3026, Limassol, Cyprus (hereinafter referred to as “We”, “Us”, “Our”, “KEK”).
This EULA sets out the basis on which KEK makes the Products available to you (hereinafter referred to as the “User” or “You”, “Your”) and on which You may use them. Please note that KEK’s Privacy Policy (hereinafter referred to as the “Privacy Policy”) which can be found on https://kek.games/upload/kekprivacypolicy.html, forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Product.
While using the Product, You agree to comply will all applicable laws, rules and regulations. In all cases, You may only use the Product according to anticipated use of the Product.
Children under the age specified by the corresponding platform where You can download Product (“Platform”) may not utilize an account (hereinafter referred to as the “Account”), the Product, nor enter into this EULA even with the consent of a parent or legal guardian. Account users under 18 or the age of majority where they live (a “Child”) must review this EULA and the Privacy Policy together with Your parent or guardian. If You are the parent or legal guardian of an Account user who is a Child, You also agree to be bound by this EULA on the Child’s behalf. In the event that You permit Your Child to use an Account (hereinafter referred to as the “Account”) or the Product, You hereby agree to this EULA on behalf of yourself and Your Child, and You understand and agree that You will be responsible for all uses of the Account or the Product by Your Child whether or not any particular use was authorized by You. Parents/guardians are jointly and severally liable for all acts and omissions of their Child for all uses of the Account and Product.
KEK reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described in Section 10 below.
1. LICENSE GRANTING
KEK (or its licensors) grants You a personal, non-commercial, non-sublicensable, non-transferable, non-exclusive license to install and/or use the Product (in whole or in part) and any Product (the “License”) until You or KEK terminate this EULA. In no event shall You use the Product or this License for commercial purposes or allow others to do so without obtaining permission from KEK. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS NOT FOR SALE, BUT IS LICENSED TO YOU FOR YOUR NON-COMMERCIAL USE.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply (for example, compliance with the wireless data service agreement in case the Product is featuring a VoIP application), and You must comply with such additional terms to use the Product.
1.1. Among other things, You agree not to do any of the following (directly or indirectly):
a. to use or transmit within the Product any element or content that infringes or violates any intellectual property, privacy, or publicity rights of KEK or any third party, or to or encourage others to violate;
b. to sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially;
c. to create, use, distribute and/or publish in any way (forum, public profile, etc.) within the framework of the Product any materials (text, words, images, sounds, videos, etc.), if in this way any obligations on non-disclosure of confidential information may be violated or actions of an illegal nature provoked (in particular, piracy, hacking or distribution of counterfeit copies of software);
d. to reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit the content generated by Users and for which You will need to create an Account and comply EULA), in whole or in part;
e. to indicate Your or someone else's personal data related to race, nationality, religious and philosophical views, health status and personal life;
f. to perform actions aimed at gaining access to elements and functions of Product for which You do not have permission from KEK;
g. to modify, alter, translate, adapt, reproduce, index, copy and/or extract in any way any information or other element or part of the Product without the prior consent of KEK;
h. to modify, distort, block, overburden, interrupt, slow down and/or interfere with the normal functioning of the Product, or access to it by other users, or the functioning of partner networks of the Product, or attempt to take any of the above actions;
i. to use or transmit within the Product any element or content that KEK may consider aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophile, calling for suicide or describing ways of committing suicide, related to the methods and methods of developing, manufacturing and using narcotic drugs and other psychotropic substances, pointing to the places of manufacture and purchase of such drugs and other psychotropic substances, as well as related information, obscene, vulgar, racist, xenophobic, inciting hatred, showing images of a sexual or violent nature, contrary to moral norms, unacceptable for another reason;
j. to introduce or distribute any virus programs, Trojans, worms, bombs, corrupted files and/or other similar malicious means or corrupted data through the Product, and/or organize, participate in any capacity in attacks on KEK servers and/or Product and/or KEK providers and partners;
k. to create, use and/or distribute automated or macro-command computer programs, robots, bots or other copying programs and software applications and/or use of Product through mirror sites;
l. to create or distribute devices that provide third parties with an alternative opportunity to use Product, such as server emulators;
m. to harass other users of the Product, send them unsolicited advertising messages, use the Product for research, competitions, pyramid sales and other similar operations or for mass mailing of electronic messages, spam or other unwanted advertising materials for commercial purposes, etc.;
n. to use false information, use another user's account, assign someone else's identity, or provide false information about other individuals and legal entities within or during the use of the Product;
o. without KEK's permission, to use any means to collect and intercept data exchanged by users during the use of the Product, or their names/screen names and/or access passwords of any of the other users;
p. attempt to obtain an access password, Account information or other personal information from any user, and/or sell, rent, share, provide for use and/or otherwise transfer to third parties the right to use Your Account and/or the ability to access it and/or otherwise provide third parties with the opportunity get benefits using Your Account;
q. to seek access, use, download from the Product or otherwise obtain or supply to third parties (free of charge or for a fee) any lists of users of the Product or any other information about users and their use of the Product;
r. not to comply with the requirements of KEK representatives and/or impersonate an employee or representative of KEK or affiliated companies, partners and/or agents of KEK;
s. to remove, alter, disable or circumvent any copyright and trademark notice or other author and manufacturer information, notices or labels contained on or within the Product;
t. to export or re-export the Product or copies of adaptations in violation of any applicable laws or regulations;
u. to impersonate an employee or representative of KEK, their partners and/or agents;
v. to falsely claim affiliation with a Product or company and support for KEK.
1.2. We assume and approve that You may create fan content while using the Product, such as posting gameplay videos or streams on YouTube and Twitch, creating fan art, character cosplay props, and more. Any fan content you create is welcome, within reason.
However, in order to ensure the safety of the Product, if You create fan content, please observe the following guidelines:
1.2.1. Do not use fan content for commercial purposes. Since fan content is created by fans for fans, You may not use Our Product for commercial purposes in any way, with some exceptions (such as monetizing Your videos and streams through YouTube and Twitch affiliate programs (and other similar video/stream hosting programs), but these should never be limited to paid access only).
1.2.2. You shall not force people to pay for fan content or introduce paid access. Such contributions (donations) must be voluntary only.
1.2.3. You shall clearly state in a reasonable and prominent place in Your fan content that “This is unofficial fan art that is not approved or endorsed by KEK ENTERTAINMENT LTD” (or an analogue that does not misrepresent the content). We forbid giving the false impression in any way that Your work is approved or endorsed by Us.
1.2.4. Your fan content must exist separately and may not be incorporated into third party games or products.
You are the owner of the new original fan content that You create. However, since Your fan content is based on Our Product, We may want to showcase it on Our social media channels, make it available to other players in the Product, etc. In order to enable Us to showcase fan content, from the moment You create fan content, You grant us a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, modify, reproduce, create derivative works from, distribute, use, transmit, perform and communicate Your fan content in connection with Our Product.
1.3. Auto-Generated Players. As part of the Product, we may offer You the opportunity to play with your friends or other matched opponents. To ensure that You have available opponents at the right skill level, some of these matched opponents may be auto-generated, computer-controlled players that look and play like real people.
1.4. Advertisement. If You download and/or play the Product, You will receive advertising messages that appear within and around the game environments. Viewing advertisements is voluntary and compensatory: You will be eligible for special prizes for viewing them.
The advertising in the Product generated by third parties does not constitute an endorsement by KEK, or its subsidiaries and affiliates, of the opinions or views expressed by these third-party websites or advertisers. KEK explicitly disclaims any responsibility for the accuracy, availability, completeness, or quality of the content contained on such sites. Further, KEK is not responsible for the quality or delivery of the products or services offered by, accessed through, obtained by, or advertised in such advertisements, including the third-party websites linked therein. As such, neither KEK nor its subsidiaries and affiliates are responsible for any errors or omissions, or for the consequences resulting from the use of such information contained in such advertisements, including the third-party websites linked therein.
2. OWNERSHIP RIGHTS
2.1. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO PROPERTY RIGHTS OR OTHER PROPERTY RIGHTS TO THE PRODUCT; YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND WILL ALWAYS BE VESTED IN KEK IN FURTHERANCE OF ITS INTERESTS. Except for the rights expressly licensed to You hereunder, all title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by KEK or its licensors.
2.2. You may not give, purchase, sell, trade, exchange, market, offer for sale, license, assign or otherwise transfer Your rights, responsibilities or obligations under the EULA, whether in whole or in part, without the prior written consent of KEK, modify, create derivative works, commercialize, or otherwise exploit the Product, or Your Account unless subject to separate, express written terms provided by KEK permitting such conduct. Any attempt to do so shall be null and void.
2.3. Without limiting the foregoing, nothing in the limited License granted in EULA authorizes the use of the Product, or Your Account in any manner to develop, train, enhance, or provide source material for, or promote, any Generative AI Tools; and for the avoidance of doubt, any such uses are hereby explicitly prohibited. “Generative AI Tools” means any tool or computer program that uses algorithms or technology commonly known as artificial intelligence or machine learning to create or generate content such as, but not limited to, software code, written text, still or moving images, musical works, human voice emulation, audio material, or other creative works based on text, image, sound prompts, or other inputs. If We terminate Your Account or this Agreement in accordance with the provisions below, any License from Us to You to use the Product, ends immediately.
2.4. The Product is protected by national and international laws, copyright treaties and conventions and other laws. All rights reserved. KEK and its licensors may enforce their rights in the event of any breach of the EULA.
2.5. This Product may contain certain licensed materials and, in that event, KEK’s have the right to enforce their rights in the event of any violation of the EULA. Any reproduction or representation of these licensed materials in any manner and for any reason is prohibited without KEK’s prior permission and, if applicable, KEK’s licensors and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by KEK.
This EULA confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
2.6. We may provide patches, updates, or upgrades to the Product that may be required to continue using the Product, including automatic or “in the background” updates without notice to You. Such updates are subject to this EULA unless other terms are presented with the updates, in which case, those other terms apply. We are not obligated to make any updates available. We do not guarantee that we will support the version of the system or device for which You licensed, obtained, or purchased any part of the Product, unless we have made claims regarding compatibility. We may from time to time, without additional cost to You, modify, alter, or suspend, whether in whole in part, any of Product for any reason.
3. REGISTRATION AND USER CONTENT
3.1. Registration requirements. If You wish to become a registered User and use the Product, You must read the EULA and indicate Your acceptance during the User registration process. In consideration of Your use of the Product, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Republic of Cyprus or other applicable jurisdiction.
If You register in the Product, You may be required to choose a password and username, and You may be asked for additional information regarding Your account, such as Your email address. You can also link the Account to an existing Google (Apple) account. You are responsible for maintaining the confidentiality of Your password and account information, and are fully responsible for all activities that occur under Your password or Account. You agree to (a) immediately notify KEK of any unauthorized use of Your password or Account or any other breach of security, and (b) ensure that You log out from Your account at the end of each session. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another User’s account without prior authorization from KEK. KEK will not be liable for any loss or damage arising from Your failure to comply with this EULA.
3.2. KEK may (but is not obliged) provide features of the Product that allow You to create, develop, modify, or make available content (“User Content”), and to upload, publish, or otherwise make User Content available to some or all users of the Product. These features may also allow You to interact with, manipulate, and modify User Content, in whole or in part. KEK may modify, limit or discontinue certain features of the Product without notice or liability to You.
If you create User Content, You agree to abide by the EULA at all times during and after the creation of such User Content.
In this regard, You hereby grant to KEK a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable license, for commercial and non-commercial purposes, to the User Content for the purpose of representing this User Content on the KEK’s website and in the Product without compensation to you.
3.3. You may notify KEK that You wish to terminate the EULA and remove the User Content from the Product, and KEK agrees to consider such request. For the avoidance of doubt KEK removes the User Content from the Product under KEK’s discretion.
3.4. If You post or make available any User Content in the Product, You grant KEK permission to post, copy, import, store, modify, adapt, display, publicly perform, reproduce, create derivative works, publicly display, transmit, sublicense and distribute (collectively, “Use”) such content. This authorization is perpetual and irrevocable and applies to any media, platform or channel in connection with the Product.
You understand that You are not entitled to receive any compensation, fee, reward or other consideration in connection with Your User Content for any reason, including KEK's exercise of the rights You grant to KEK in this section, and that KEK is under no obligation to exercise the rights You grant to KEK.
3.5. KEK does not permit acts of intellectual property infringement through the Product.
3.6. If You choose to create, generate or make available User Content, You are solely responsible for Your User Content and represent and warrant that:
a. You are the creator and owner of, and possess all necessary licenses and rights to use, and authorize KEK to use the license granted above;
b. Your User Content and KEK's use of User Content in accordance with the terms of the EULA will not infringe the rights of any third party, including copyright, trademark, patent, trade secret, moral, privacy or publicity rights;
c. KEK does not need to obtain any additional licenses, copyrights, royalties or other compensation from third parties; and
d. KEK's use of Your User Content will not violate any third-party contract or cause KEK to violate any applicable laws or regulations.
3.7. You are responsible for Your User Content, so please do not post objectionable content in or through the Product. If You do, we may be forced to delete it. KEK may, but is not obligated to, edit or control User Content that You or others provide through the Product. KEK may at any time filter, delete, edit, block or refuse to publish User Content that violates the EULA or is otherwise undesirable, as determined at KEK's discretion, without prior notice or any obligation to You or any third party. If You provide User Content, You can only use the tools that KEK provides as part of the normal functionality of the Product to remove or modify this particular type of User Content.
3.8. To the maximum extent permitted by law, You waive and agree to waive all rights to authorship, attribution, inviolability, disclosure, withdrawal and any other rights that are known or referred to as “moral rights” or other similar rights recognized in accordance with recognized in accordance with any legal or legal practice of any country or in in accordance with any agreement, regardless of whether such a right is referred to as a “moral right” (hereinafter collectively “Moral Rights”) in relation to and to Your User Content. In addition, You knowingly and irrevocably agree not to exercise any Moral Rights with respect to Your User Content that You have not waived in any way that impedes the exercise of the rights granted. You waive and agree not to assert Your Moral Rights even if Your User Content is changed or redone in a way that does not suit You.
3.9. You acknowledge that KEK may or may not pre-screen User Content posted on the Product, that KEK is not responsible for the accuracy of the data, but that KEK shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any User Content or portion thereof that is available via the Product, for any reason. Without limiting the foregoing, KEK shall have the right to remove from the Product any User Content that violates this EULA or is otherwise objectionable in the sole discretion of KEK. If You become aware of misuse of the Product by any person, please contact KEK.
3.10. The Product is designed as a closed virtual universe. You may not use virtual currency, goods, or assets such as coins, points, tokens, gold, gems, weapons, vehicles, buffs, power-ups, trophies, rewards, or badges (hereinafter referred to as the “Virtual Items”) separate from or outside of the Product. You may not sell or exchange Virtual Items for real currency or anything of real-world value. You may not make available any cheats, technological measures, or other methods designed to enable or encourage any collection, selling, or trading of Virtual Items. You may not create or participate in any exploitation of price differences of Virtual Items by any means (for example, between real currency prices).
4. PAID CONTENT. PAYMENT
4.1. Paid Content. The Product provides the option to purchase virtual items, in-game currency, paid subscriptions or other content and services (“Paid Content”). You may purchase Paid Subscriptions only if you comply with the terms of this EULA and have an Account.
4.2. Please note that Paid Content cannot be exchanged for other Paid Content, except as permitted by the functionality of the Product. Paid Content may not be sold or transferred to the third parties, as well as exchanged for money or other goods or services.
You may only purchase Paid Content from Us (or from a person authorized by Us); you may not obtain (attempt to obtain) Paid Content from others or by any other means.
4.3. In-Game Currency. KEK may provide the User with the opportunity to purchase additional in-game currency (“In-Game Currency”) within the Product.
In-game currency is not a means of payment and serves the sole purpose as a means of exchange for in-game items. In-game currency cannot be exchanged for cash, or other valuables other than in-game items during normal gameplay. Any unused In-Game Currency cannot be converted back into cash.
4.4. You may be given the opportunity to purchase a limited personal, non-transferable, non-sublicensable, revocable license to use the In-Game Currency for money exclusively from KEK and/or its authorized partners using one of the approved payment methods provided for the Product.
4.5. KEK will credit the In-Game Currency to the User's Account upon receipt of payment. The crediting of the In-Game Currency to the Account shall be done as soon as possible. User acknowledges and agrees that due to circumstances beyond KEK's control, there may be delays in receiving payment information from the payment processing system with respect to User's in-game purchases.
4.6. KEK is not responsible for the loss by the User during the game process of the In-Game Currency received as a result of using the Product.
4.7. Taking into account the technical complexity of the Product and the resources used for its functioning, KEK performs regular diagnostics of the Product during its maintenance. KEK is entitled to remove from the Account the In-Game Currency already displayed in the Account in case the abovementioned diagnostics reveals that the In-Game Currency was displayed in the Account erroneously, including as a result of a defect or error in the Product or on the Product's website, or as a consequence of fraudulent actions of any Users or third parties, as well as if the presence of the said In-Game Currency may cause incorrect operation of the Product.
4.8. If a User is a minor under applicable law, the User may purchase additional In-Game Currency within the Product solely with parental consent. KEK may request confirmation of parental consent from time to time.
4.9. If KEK discovers that parental consent has not been given by the User's parent/guardian, or if the User fails to provide confirmation of parental consent, KEK may remove the In-Game Currency already displayed in the Account and apply other sanctions provided for in the EULA.
4.10. KEK is entitled to suspend or terminate the EULA at any time without notice to the User and without giving any reasons, without reimbursement of any costs, losses or refunds received under the EULA, including if the User does not use his/her Account for 12 (twelve) months or more, as well as in case of any, including a single breach by the User of the terms and conditions of the EULA, including the code of conduct, unless otherwise expressly provided for by applicable law. For the avoidance of doubt, in the event of suspension or termination of the EULA on the grounds specified in this clause, the User's rights to inactivated data and commands shall cease and the In-Game Currency shall be deleted from the User's Account.
4.11. Paid Subscription. Certain Product service options are provided free-of-charge, while other options require payment before they can be accessed (“Paid Subscription”). Under Paid Subscription the user may receive additional functionality and/ or features that are not available for common users. These features are added on an ongoing basis.
4.12. All payments made by the Account holder are deemed to have been made personally, without any reference to a third party making the payment.
4.13. Billing. You may purchase any Paid Content in the online app store, including Google Play or AppStore, as well as on the website, by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to You prior to Your purchase. Some purchases may be made within the Product.
Please note that we are not responsible for the quality of Paid Content payments in online app stores.
4.14. Price and tax changes. We may from time to time change the price for any Paid Content, and will communicate any price changes to You in advance on reasonable notice. Price changes will take effect at the start of the next payment period following the date of the price change. Subject to applicable law, by continuing to use the KEK’s services after the price change takes effect, You will have accepted the new price. If You do not agree to a price change, You can reject the change by unsubscribing from the applicable Paid Content prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of Your charge. These amounts can change over time with local tax requirements in Your country, state, territory or even city. Any change in tax rate will be automatically applied based on the Account information You provide.
4.15. Renewal and Cancellation. Your payment to the online app store through which You purchased the Paid Content will automatically renew at the end of the applicable payment period, unless You cancel Your Paid Content before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and You will be downgraded to the free version of the KEK’s services.
Please note that we are not responsible for notifying You for the renewal of the Paid Content, including notifying by email or in the Product.
4.16. Refunds. Refund policies are set in accordance with the policies of the Platforms (including Google Play and AppStore) where the Product is hosted. Please note that none of the fees paid by You for the current subscriptions, in whole or in part, will be refunded to You if your Account is blocked or banned by Us by any reason.
5. FEEDBACK
5.1. By sending Your feedback and suggestions to KEK (hereinafter referred to as the “Feedback”), You grant KEK a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit any Feedback provided to Us without restriction or compensation to You. If any of these rights cannot be licensed under applicable law (such as moral law and other personal rights), You hereby waive any such rights. You understand and agree that KEK is not obligated to implement any Feedback provided by You. You agree that if KEK uses Your Feedback, KEK is not obligated to include You in the list of thanks or pay any compensation for Your contribution to the work. You represent and warrant that You have sufficient rights to any material included in the Feedback You send to KEK to grant KEK and other interested parties the rights described above. This includes, but is not limited to, intellectual property rights and other proprietary or personal rights.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
6.1. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KEK, KEK’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. KEK DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
6.2. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY THIRD-PARTY INCLUDING ANY LIABILITY FOR: (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS OR CONTRACTS; (IV) LOSS OF ANTICIPATED SAVINGS; (V) LOSS OF DATA; (VI) LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT WEBSITE; (VII) LOSS OF GOODWILL; (VIII) WASTED MANAGEMENT OR OFFICE TIME; AND (IX) FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
6.3. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH KEK OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE DEVICE THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, KEK’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT KEK, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO KEK FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
6.4. A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS, INCLUDING SOME OF THE VISUAL EFFECTS THAT APPEAR IN CERTAIN VIDEO GAMES. SYMPTOMS MAY EVEN BE EXPERIENCED BY INDIVIDUALS WITH NO HISTORY OF EPILEPSY OR PHOTOSENSITIVITY. IF YOU OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC OR PHOTOSENSITIVITY CONDITION, PLEASE CONSULT YOUR PHYSICIAN BEFORE PLAYING ANY OF OUR VIDEO GAMES.
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING ANY OF OUR VIDEO GAMES, IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE RESUMING PLAY: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
7. INDEMNITY
7.1. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO KEK, ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND SUBCONTRACTORS, OTHER USERS OF THE PRODUCT OR ANY OTHER INDIVIDUAL OR LEGAL ENTITY AS A RESULT OF YOUR VIOLATION OF THIS EULA.
7.2. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS KEK, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT.
7.3. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
7.4. THIS INDEMNIFICATION PROVISION WILL SURVIVE THE TERMINATION OF THIS EULA AND YOUR USE OF KEK.
8. APPLICABLE LAW AND DISPUTE RESOLUTION
8.1. Applicable Law. This EULA and Your use of Product shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
8.2. Dispute Resolution. All disputes or claims arising out of or in connection with this contract, including disputes relating to its validity, breach, termination or nullity, shall be finally settled by courts of the Republic of Cyprus.
8.3. Injunctive Relief. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights and Confidential Information in any court of competent jurisdiction.
9. TERMINATION
9.1. The EULA is valid from the earliest date of purchase, download or use of the Product by You, until its termination in accordance with its terms. You and KEK (or its licensors) may terminate this EULA, at any time, for any reason. Termination by KEK will be effective upon (a) notification to You or (b) closure of Your Account (if any) or (c) at the time KEK decides to terminate the offer and/or Product support. This EULA will terminate automatically if You violate any of the terms of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
9.2. If KEK determines in its sole discretion that You are violating any of the terms of this EULA, KEK may: (1) notify You, and (2) use technical measures to block or restrict Your access or use of the Product. In either case, You agree to immediately stop accessing or using in any way (or attempting to access or use) the Product, and You agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If KEK terminates Your Account or suspends or discontinues your access to the Product due to Your violations of this EULA, then You will not be eligible for any credit, refund or discount or other consideration.
10. AMENDMENTS
10.1. KEK reserves the right, in its sole discretion, to revise, update, modify, add to, supplement, or delete certain terms of this EULA for security, protection, legal or regulatory reasons. Such changes will be valid with or, depending on the conditions, without Your prior notice. You can see the latest version of this EULA by clicking on the “EULA” link located on the Product or on https://www.armor-attack.com/. KEK reserves the right to make mailings regarding changes to this EULA, but You should also periodically check for changes to this EULA. If any future changes to this EULA are unacceptable to You or make it impossible for You to comply with this EULA, You may terminate this EULA in accordance with Section 9 and must immediately uninstall the Product and destroy all copies thereof. By continuing to use the Product after any revision of this EULA, You confirm Your full irrevocable acceptance of all and every change.
10.2. KEK may at any time, at its discretion, modify the Product for any reason or without any specific reason, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that KEK may stop to support previous versions of the Product when an updated version is available. KEK’s partners and related service providers shall have no obligation to provide any maintenance or customer support with respect to the Product.
11. MISCELLANEOUS
11.1. The EULA represent the complete agreement between You and KEK concerning the Product, and supersede any prior or contemporaneous agreements between You and KEK. The EULA shall coexist with, and shall not supersede any other KEK policies referenced in this EULA. You and KEK agree that we each have not relied upon any terms, conditions, representations, warranties or similar that are not expressly set out in the EULA.
11.2. You agree that no joint venture, partnership, employment, or agency relationship exists between You and KEK as a result of the EULA or Your use of the Product.
11.3. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the remaining provisions of this EULA remain in full force. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect KEK’s initial intentions.
11.4. No failure or delay by KEK (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by KEK or by the User.
11.5. You may not assign its rights under this EULA, in whole or in part, to any person or entity at any time without Our prior written consent. Any unauthorized assignment by You shall be null and void. We may assign its rights under this EULA, in whole or in part, to any person or entity at any time without Your prior consent.
If You have any questions or comments regarding this EULA or the Product, feel free to contact Us by email info@kek.games.
THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.