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Ninja Kiwi Ltd Terms of Service
Last Updated: August 15, 2018
Latest Updates
For ease of access and understanding, recent revisions are highlighted here, but please take the time to read this full Terms of Service agreement as this is a binding legal agreement between you and Ninja Kiwi Limited.
* In compliance with Europe’s General Data Protection Regulation (GDPR), we have updated our Ninja Kiwi Login to explicitly ask whether players are under 16 in the European Union, and under 13 for all other players; in the case that players are under those regional age limits, no personally identifiable information (PII) will be requested during login and other PII such as IP address will not be stored.
* Related to GDPR changes, this Terms of Service and the Ninja Kiwi Privacy Policy are now addressed to players at least 18 years of age. If a player is below the age of 18, they must have a parent or guardian read and accept these Terms of Service and the Ninja Kiwi Privacy Policy on their behalf.
* References to the game Battle for the Galaxy have been removed as this game has not been published by Ninja Kiwi for more than a year. The Terms of Service and Privacy Policy in effect as of any use of Battle for the Galaxy as published by Ninja Kiwi remain binding.
* Case by case exemptions for commercial purpose play for YouTube and Twitch streamers and video makers will be considered via requests directed to support@ninjakiwi.com.
Introduction/Binding Agreement
These Terms of Service govern your access to and use of the Application and/or Ninja Kiwi Login, including any content, information, products, related communications, or related Services. This is a binding legal agreement between you and Ninja Kiwi Limited. (“Ninja Kiwi”) and applies to you in relation to any interaction with the Application, Ninja Kiwi Login, Services, or any related communications. Your access and use of the Application, Ninja Kiwi Login, or Services or participation in related communications signifies your acceptance of these Terms of Service and agreement to the collection, storage, review, and use of your information; this information will be stored on servers, some of which may be located in the United States. If you do not accept these Terms of Service and the Ninja Kiwi Privacy Policy in their entirety, you may not access, engage, or in any way use the Application, Ninja Kiwi Login, or any related Services. Ninja Kiwi reserves the right at any time to modify, discontinue, or terminate the Application, Ninja Kiwi Login, or Services, or modify these Terms of Service or the Privacy Policy at its sole discretion; when these Terms of Service or the Privacy Policy are updated they will be posted here and updated to the Ninja Kiwi blog and social channels (https://www.facebook.com/ninjakiwigames/ and https://twitter.com/ninjakiwigames). For players under the age of 18, we appreciate you reading these terms to understand your responsibilities as a player and member of the Ninja Kiwi community, but you must review these Terms of Service with your parent or guardian and your parent or guardian must agree to these Terms of Service on your behalf.
Eligibility and Use
By your (or your child’s in the case of a parent or guardian) access and use of the Application, Ninja Kiwi Login, Services, or Application-related communications you signify your agreement to the following:
a. You affirm that you are at least 18 years of age and that you are fully able and competent to comply with and adhere to these Terms of Service. Alternatively or in conjunction, you affirm that you are the parent or guardian of a player under the age of 18 for whom you take full responsibility for their compliance with these Terms of Service;
b. For Ninja Kiwi Login, players under the age of 16 in the European Union or under 13 in all other territories, in order to comply with the Children’s Online Privacy Protection Act (COPPA) and Europe’s General Data Protection Regulation (GDPR) standards, must signify their true age by selecting the “No, I am under 16” in the EU or “No, I am under 13” in all other territories;
c. For Ninja Kiwi Facebook Applications, you verify that you have a legitimate account in accordance with Facebook’s Terms of Service, and you will prevent anyone under the age of consent in your country from using your Account;
d. For Ninja Kiwi website forums, you verify that you are age 13 or older, and you will prevent anyone under the age of 13 from using your Account;
e. You shall use the Application, Ninja Kiwi Login, or Services only for non-commercial purposes, and you shall not solicit services, advertise, or send repetitive or spam messages;
f. If you access the Application, Ninja Kiwi Login, or Services from a social networking site or any other website you will comply with the terms of service of that site along with these Terms of Service;
g. You may not enter, submit, or upload user generated content (including but not limited to Ninja Kiwi Login usernames, forum posts, blog posts, chat, character or other in-game names, game editor content, or any video or streamed content where a core visual or topical content is Ninja Kiwi or its games) that is defamatory, harassing, threatening, bullying, bigoted, hateful, violent, obscene, pornographic, or that harms or can reasonably be expected to harm any person or property, and you understand that any such activity will lead to suspension of your Ninja Kiwi Account;
h. You shall not use the Application, Ninja Kiwi Login, or Services to engage in any illegal activity;
i. You are responsible for safeguarding and maintaining the confidentiality of your Account information, you will not disclose that information, and you will not disclose personally identifiable information unless as part of the setup of your Ninja Kiwi Login account or via Facebook, Google, Apple, or Twitch permissions. You shall not share personally identifiable information or account information with other players or community members. You agree that you are entirely and solely responsible for all access and use of your Account, whether or not you authorized it and whether or not you were aware of it. Please review our Privacy Policy for more information about our collection and limited use of personally and non-personally identifiable information;
j. You shall not share, copy, clone, gift, trade, barter, sell, or in any other way exchange your Ninja Kiwi Login or game data with any other person or entity, and you understand that any such activity will lead to suspension of your Ninja Kiwi account.
Limited License; Content; Ownership
Subject to your agreement to and compliance with these Terms of Service, Ninja Kiwi grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access, play, and otherwise use the Ninja Kiwi Applications and Services provided such access, play, and use is for your own entertainment and not for commercial purposes. For clarity, Ninja Kiwi at its sole discretion may choose to exempt game streaming and recording for popular platforms such as YouTube and Twitch from this commercial restriction on a case by case basis if the player presents their channel and makes a written request to support@ninjakiwi.com.
Except where otherwise noted, the Application, Ninja Kiwi Login, Services, related communications, and all content including but not limited to graphics, audio, text, user interface, characters, animations, buttons, icons, thumbnails, reward systems, quest systems, downloads, game data, and game design are the property of Ninja Kiwi and are protected by United States, New Zealand, and international copyright, trademark, and intellectual property laws. You may access, engage, and use the Application, Ninja Kiwi Login, or Services as they are presented to you and in accordance with these Terms of Service. Without express written consent from Ninja Kiwi, any attempts to modify, hack, cheat, autoplay, bot, datasniff, data capture, interfere with, disrupt, reproduce, frame, copy, post, sell, scrape, transmit, publicly display, or publicly perform the Application, Ninja Kiwi Login, or Services, clone accounts, clone characters, or create related or derivative works is expressly prohibited and immediately terminates the limited license granted and will lead to suspension of your account; any attempts to promote such proscribed usage through video, stream, social network, public display, digital communications, or any other mass audience channel is expressly prohibited and immediately terminates the limited license granted and will lead to suspension of your account.
Any and all content including but not limited to bloons, monkeys, buildings, towers, characters, environments, worlds, creatures, items, pets, homes, robots, tools, weapons, powers, powerups, upgrades, equipment, display areas, user interface, virtual currency, or any other virtual items or organized display or use of any such items remains the sole and exclusive property of Ninja Kiwi. No amount of customization, stat changes, item changes, configuration, leveling up, decorating, or in any other way modifying game elements through use of the Application, Ninja Kiwi Login, or Services conveys any ownership or alteration of limited license to use; all elements remain the sole and exclusive property of Ninja Kiwi.
Ninja Kiwi reserves the right at its sole discretion and without notice to make changes, modifications, additions, deletions, copies, or any other alterations and edits to any and all content elements, including but not limited to appearance, animation, statistics, behavior, performance, cost, or in-game value. Ninja Kiwi reserves the right at its sole discretion and without notice to delete, suspend, or modify any item, feature, account or the entire Application, Ninja Kiwi Login, or Services. In the event that access to the Application, Ninja Kiwi Login, or Services is terminated, all virtual items, virtual currency, and user’s game progress is forfeited and you will not receive any compensation, monetary or otherwise, for any of these elements forfeited. Any suspension or termination of your access to the Application, Ninja Kiwi Login, or Services will not waive or diminish your obligations under these Terms of Service (including but not limited to ownership, indemnification, and limitation of liability).
Virtual Currency and Premium Items
Through use of the Application, Ninja Kiwi Login, or Services you may accumulate virtual currency and virtual items whose sole use is within the Application, Ninja Kiwi Login, or Services where they were obtained. Ninja Kiwi engages with industry leading platform storefronts, including but not limited to Apple’s App Store, Google Play, Amazon’s App Store, and Steam, and with reputable third party services to allow purchase of virtual currency with real world currency, and Ninja Kiwi reserves the right to enable or disable any in-game acquisition of or real world purchase of virtual currency. Ninja Kiwi reserves the right at its sole discretion and without notice to change the rate of exchange for in-game or purchased virtual currency or the cost of any in-game item. Use of the platform storefront or third party service for purchase of virtual currency is governed by the terms of use of that service and any issues with that transaction are to be resolved with that platform storefront or third party service according to their support procedures. Ninja Kiwi will offer support assistance in contacting and attempting to resolve such platform storefront or third party service issues if you email support@ninjakiwi.com.
You understand and acknowledge that Ninja Kiwi is not required to provide a refund for any currency or other item for any reason. Further, you understand and acknowledge that you will receive no money or other compensation for unused virtual currency, premium items, or any other game resources when an account is closed, when an account is suspended, when an Application or Service is under maintenance, offline, closed, or otherwise unavailable, or when your data has been lost, corrupted, deleted, or otherwise made unavailable. Ninja Kiwi reserves the right at its sole discretion and without notice to remove, suspend, or close any Application or Service without any compensation to you.
Parents and guardians acknowledge that your children and wards may purchase virtual currency only with your supervision and authorization. We encourage all players, regardless of age, to understand their device settings and limit or restrict in-app purchasing on their device if they do not wish to engage with in-app purchase features. Additional information on restricting in-app purchases is available here:
https://support.google.com/googleplay/answer/1626831?hl=en-GB
http://support.apple.com/kb/ht4009
http://www.amazon.com/gp/help/customer/display.html?nodeId=201112050
Virtual currency and items are non-transferrable to any other Application, Service, website, or anywhere else. Virtual currency, virtual items, and player progress are not redeemable for any monetary value from Ninja Kiwi, any third party service, or any other entity. You agree not to sell, exchange, or attempt to transfer virtual currency, virtual items, or player progress, and any such actions will not be tolerated by Ninja Kiwi and will lead to suspension of your Ninja Kiwi account.
Whether you obtained virtual currency and virtual items through use of the Application, Ninja Kiwi Login, and Services, by purchase via a third party service, or by interacting with advertisements, you have no right or title to any virtual currency, virtual items, or any other game assets.
You agree to pay all fees and related taxes incurred by you or anyone using an account that is registered to you. You agree to pay all internet, carrier, device, power, repair, replacement, data, bandwidth and any other fees and related taxes related to the operation of any equipment or devices required to access any Application or Service.
Bloons TD 5 Deluxe Terms of Sale
The downloadable PC desktop Application, “Bloons TD 5 Deluxe,” is no longer for sale but these Terms still apply for players of the game. There are no physical goods comprising or associated with the Bloons TD 5 Deluxe Application. Customers must have access to the internet to download and to validate their serial key and complete the installation; customers are solely responsible for their internet access and any related fees. The Bloons TD 5 Deluxe Application may only be used according to the Ninja Kiwi End User License Agreement that must be accepted during the installation process.
Third Party Links
The Application and Services may link to or rely on third party websites or resources. Ninja Kiwi is not responsible or liable for the availability or accuracy of such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Electronic Communications
You consent to receive email communications from Ninja Kiwi support staff if you create a support ticket via an Application or via support@ninjakiwi.com. Ninja Kiwi endeavors to respond to customer support tickets, app store reviews, and forum posts in a timely and appropriate manner, but any such or other communications contact with Ninja Kiwi does not guarantee a reply or in any way impact the Disclaimer of Warranties or any other aspect of these Terms of Service.
Ninja Kiwi does not use emails for unsolicited marketing, but does reserve the right to use and you consent to receive emails for critical communications such as legal notices or announcements. Any marketing or game status emails would be opt-in only, and your opt in or out will not affect your access to the Application, Ninja Kiwi Login, Services, or related communications.
User Submissions
As a standard practice, Ninja Kiwi does not accept concepts, ideas, feature requests, game designs, or any other creative ideas, together known as “Submissions”, for the Application, Ninja Kiwi Login, and/or Services or any other Ninja Kiwi game or property. From time to time, Ninja Kiwi may run promotions to involve Submissions for the purpose of community engagement. Whether part of a promotion or unsolicited, if you make any Submissions, oral or written, in any format including but not limited to blogs, forums, emails, letters, videos, or social networking posts and comments, you acknowledge that you understand that Ninja Kiwi is in the business of making games and is constantly creating game ideas, features, concepts, technologies, designs, mechanics, and all other elements for Applications or Services and likely has ideas that are similar to or identical to your Submissions. In addition, you acknowledge that you will receive no compensation or credit and that your Submission is not confidential. By communicating the Submission, you warrant that you are the originator of the idea and that it does not infringe on the rights of any other person or entity, and you grant Ninja Kiwi a worldwide, royalty-free, non-exclusive perpetual right and license to use, modify, translate, publish, perform, produce derivative works, and in any other way manifest the Submission without any liability, payment, or expense.
Ninja Kiwi Competitions
By submitting an entry for any competition run by, or in association with Ninja Kiwi, you fully and unconditionally agree to and accept these additional rules, terms, and conditions:
a) You grant Ninja Kiwi a royalty-free license to use, reproduce, modify, publicly display, perform, produce derivative works of, or otherwise use any entry in any and all media, whether now known or hereafter existing, throughout the world for any and all purposes without compensation to you of any kind;
b) You represent and warrant that your entry does not infringe on any copyright, trademark, property rights, or any other rights of any third party and that you have the have the right to transfer the entry to Ninja Kiwi free of any claims. Ninja Kiwi shall have no liability for any alleged or actual infringement of a third-party's rights in connection with any entry;
c) You agree that you have not or will not receive any compensation or other consideration for your entry. Ninja Kiwi may in its sole discretion and without notice choose to award fan merchandise, including but not limited to t-shirts, stickers, badges, mouse pads, and virtual currency. All such items have no cash value and are purely for promotional purposes. Ninja Kiwi is under no obligation to award any fan merchandise regardless of the number or types of entries;
d) You further agree to release and hold harmless Ninja Kiwi and its licensors, distributors, agents, shareholders, directors, officers, employees and representatives from and against any and all losses, damages, rights, claims, and actions of any kind arising in connection with your participation in the contest, including, not limited to, claims based on publicity rights, defamation, or invasion of privacy. All federal, state, local, provincial and municipal laws and regulations apply. Void where prohibited by law.
Disclaimer of Warranties
The Application, Ninja Kiwi Login, and/or Services are for use “as available” and “as is” and without any warranty, regardless of the amount of time and/or money you have spent on the Application, Ninja Kiwi Login, and/or Services. Use of the Application, Ninja Kiwi Login, and/or Services are at your sole risk and sole discretion, and you are solely responsible for any damage to your computer system or smart device, for any device performance issues, and for any loss of data. Ninja Kiwi disclaims any warranty express or implied regarding title, merchantability, availability, fitness, freedom from errors, error correction, and timeliness of communication or error correction. Ninja Kiwi does not warrant that the Application, Ninja Kiwi Login, and Services are bug free, error free, or virus free. You are solely responsible for how you spend your time and money. No communication whether written or oral shall supercede this Disclaimer of Warranties.
Limitation of Liability; Indemnification; Force Majeure
In no event will Ninja Kiwi, its directors, or its employees be liable for any damages whatsoever and without limitation, whether they be direct, indirect, punitive, commercial, intangible, or of any other type, arising from the use of the Application, Ninja Kiwi Login, or Services, regardless of whether the damages are foreseeable, even if Ninja Kiwi, its directors, and/or its employees have been advised of the possibility of such damages. To the extent that the above limitation applied to its fullest extent in applicable jurisdiction assigns liability, that cumulative liability shall not exceed US$10.
You agree to indemnify and hold harmless Ninja Kiwi, its directors, employees, partners, and service partners from any claim and demand, including any attorney’s fees, made by any party due to your use of the Application, Ninja Kiwi Login, or Services, your violation of these Terms of Service, or your violation of applicable law or the rights of another party.
Ninja Kiwi shall not be liable for any damages, disruptions, or claims related to its Application, Ninja Kiwi Login, or Services that arise from acts of nature, weather, war, social upheaval, economic upheaval, unavailability of utilities or resources, terrorism, the public enemy, any government or public authorities requirements, or any other event outside of Ninja Kiwi’s control.
General
These Terms of Service shall be governed by and interpreted in accordance with the laws of New Zealand. Any legal action or proceeding will be brought exclusively in courts located in Auckland, New Zealand and you consent to this jurisdiction. If any provision in these Terms of Service is held to be invalid, the remaining provisions shall survive in full effect. These Terms of Service are personal to you and imply no partnership, employment, or any other business relationship between you and Ninja Kiwi, and you may not transfer, assign, or delegate these Terms of Service to any other party with the exception of a parent or guardian taking responsibility for these Terms of Service for their child or ward. No delay, failure to communicate, or failure to take action in relation to any of these Terms of Service shall invalidate any provision of these Terms of Service.
Contact
You may address comments or questions to the following email address: admin@ninjakiwi.com.
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Ninja Kiwi Ltd Privacy Policy
Last Updated: August 15, 2018
Ninja Kiwi is committed to making our games both fun and safe to use, and we are committed to best practices regarding the collection and use (truly as we see it, the lack of use) of both anonymous and personally identifiable information (PII). In general, our approach is to only collect anonymous data wherever possible and use as little PII as is necessary to provide the best games and services, and then only to use PII to make those games and services better, mainly through having an email address for communications with our support team. We do not gather or use anonymous data or any personal information to broker to third parties for commercial purposes; we only want to make our games better, and we only work with best in class advertising companies with similar policies. We ask players whether they are under 16 if in the European Union and under 13 in all other territories, and if players are under those respective ages, we do not collect or store on our servers any PII, including IP address. Still wanting to make sure we provide best-in-class customer service, those players are given a non-personal unique code if they need to contact customer support.
This privacy policy applies to the Ninja Kiwi website located at http://ninjakiwi.com, the related game and game editor sites, to Ninja Kiwi-published web and Facebook games, to Ninja Kiwi Xbox, Playstation, and Steam games, and to our mobile games published on Google Play Store, Apple App Store, Amazon App Store, and other popular app stores.
This privacy policy may change to reflect changes in business practice, legislation, or market reality, such as the Global Data Protection Regulation in Europe. Any changes will be posted here, and significant changes will either be broadcast on the Ninja Kiwi blog and social channels (https://www.facebook.com/ninjakiwigames/ and https://twitter.com/ninjakiwigames). We continue to monitor the high standards set by the state of California and by the EU, and we endeavor to update our policies to remain reflective of those highest standards.
When you and/or your children or wards use Ninja Kiwi games and services, you agree to be bound by our Terms of Service (https://ninjakiwi.com/terms) and the terms of this Privacy Policy. You and/or your children or wards should not use any Ninja Kiwi games or services unless you accept both this Privacy Policy and our Terms of Service.
Types of Information
Ninja Kiwi Mobile Registration: When you register for a Ninja Kiwi mobile account, this account can be used across most Ninja Kiwi mobile games but does not provide registration to ninjakiwi.com or forums. You may provide us with an email that we use as a unique identifier for your account or choose a 3rd party login like Facebook, Google, or Gamecenter. We do not collect any age, gender, country, or other information. The primary use of this email is to allow customers to contact support@ninjakiwi.com from that email, so that customer support can immediately validate ownership and offer assistance more quickly. We do not do email marketing to mobile players. We do need to reserve the right to email all registered players in the case of legal notices or major company news, but we have never needed to do this to date. Players under the age of 16 in the European Union or under the age of 13 in all other territories are allowed to register for Ninja Kiwi accounts, but they cannot supply any personally identifiable information and are instead generated a non-personal unique code that they can reference for customer support. For games with social teams such as Clans or Guilds, players under 16 in the EU or under 13 elsewhere must identify themselves as such before they join a Clan or Guild in these games, and these younger players are then excluded from sending, receiving, or reading any chat messages - chat is completely disabled. Instead of simply excluding under age players from the game or from participating in Clans and Guilds, we choose this approach as it allows under age players to participate in the fun of Clan and Guild play and be part of a team, but without risking PII sharing. Players 16 and over in the EU and 13 and over elsewhere consent that any information they enter into chat, along with any and all other data, may be stored on servers in the United States or other countries.
Ninja Kiwi Website Registration: Registration for ninjakiwi.com is exclusively for the website and does not apply to mobile games or forums, which are separate registrations. While you do not need to register to play many of the games on ninjakiwi.com, several games or game features will not work without a successfully registered account, and we cannot provide effective customer support for any game progress without a successfully registered account. Registration does ask for username, email, and password or for 3rd party login via Facebook or Google. Players under the age of 16 in the EU or under the age of 13 in all other territories are directed specifically to use parent or guardian emails. Emails are used for customer support purposes; a checkbox exists for opt-in email marketing, and this is only used in the event of a major game release or update. We do need to reserve the right to email all registered players in the case of legal notices or major company news, but we have never needed to do this to date.
Ninja Kiwi Website Forum Registration: If you register for the ninjakiwi.com forums, we require an email address for registration validation. Children under the age of 13 in all territories are not allowed to register for the Ninja Kiwi forums because forums have open communication and we cannot reasonably monitor the forums for exchanges of personal information. We use reasonable efforts to monitor and remove any personally identifiable information; any forum member may also contact support@ninjakiwi.com to have their posts or accounts removed from view or deleted.
Facebook, Google+, Game Center, and Game Circle Logins: We use these services to simplify logins to our mobile and website logins and to connect players to their friends for co-operative and competitive play, and to compare scores and progress. We use the respective platform standard versions of these services and only reference the username/email associated to associate with your saved data, scores, and game progress.
Facebook and Google+ Information: When you register for Ninja Kiwi using Facebook or Google+, use Facebook likes or Google “+”, or share links through these services, Ninja Kiwi accesses data already provided to Facebook and Google in accordance with their Privacy Policies, and is only granted access to that information via the player-approved permissions necessary to use those games or services. Ninja Kiwi from time to time may review Facebook and Google+ data such as aggregate (not individual) age, country, and gender along with various data about how the overall player community are playing a game or using the web site in order to make our games and services more awesome. This information may be stored in cookies or on our secured servers but is not accessed by Ninja Kiwi in this way; if reviewed, such information is only viewed in aggregate via developer dashboards made available by these 3rd parties and covered by their privacy and security standards. Ninja Kiwi does not share or sell this information with any party.
Mobile Game Data: Ninja Kiwi tracks gameplay information about the way players play our mobile games, which includes game and player progress information that is essential for saving and protecting that progress. Analytics track elements of the game the players interact with most and least frequently, where players stop playing or play less, and other aspects of aggregate player progression through the game. Ninja Kiwi does not use analytics to try to squeeze more money out of players; we like to think we are in the old fashioned business of making fun games, so we use these analytics to help us understand what elements players are enjoying and when the fun stops so we can try to improve all players’ enjoyment. For players age 16 or older in the EU and age 13 or older in all other territories, IP address, device type, OS type, time stamp, and other general device level information are accessed and stored on distributed, scalable servers, which may be located in the United States. For players under age 16 in the EU and under age 13 in all other territories, no PII is stored.
Web Game and Site Data: Ninja Kiwi tracks information about the way visitors and players use our web sites and games so that we can make our sites and games more accessible, pertinent, and fun. Ninjakiwi.com uses log files to store information such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring, exit and visited pages, platform used, date/time stamp, track player game usage on the whole, and gather very general machine-supplied information for aggregate use (location and language). IP addresses and language settings are not linked to personally identifiable information. Ninja Kiwi uses cookies, server stored game data, and third-party analytics services to track player activity and make games more awesome. This information is stored on distributed, scalable servers, which may be located in the United States. You can set your browser to limit or reject cookies, but this has a high chance of interfering with website and web game features and may prevent some web games from playing at all or saving your progress. If you want to play our web games, please understand that cookies are small save files for your player progress, so they need to stay available.
Advertising: Ninja Kiwi uses third-party advertising companies to serve ads when visiting our web pages and mobile games. We offer our web games and many of our mobile games for free, so these ads allow us to continue making and updating top quality free games. The third-party advertising companies may collect and use information (but not your name, address, email address, telephone number, or other PII) about your visits to ninjakiwi.com and our mobile games in order to provide advertisements about goods and services of interest to you. For Bloons Adventure Time TD, Turner Broadcasting may collect non-personally identifiable information to manage and measure the delivery of advertising within that game, including the number of times the same advertisement is served and viewed. For players registered as under age 16 in the EU or under age 13 elsewhere, we use designated non-PII ad calls that either do not send PII (usually IP address) or encrypt that PII so that we have no access to it. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, heat maps, player behavior) during your visits to ninjakiwi.com and Ninja Kiwi mobile games in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party beacon to collect this information. We do not have access to this information or influence over third party ad network policies, barring our ability to discontinue their services. If you would like more information about advertising practices and to know your choices about not having this information used by these companies, you can visit Google's Advertising and Privacy page or the Network Advertising Initiative. Please understand that if you disable or block certain ad features, then other aspects of ninjakiwi.com, its games, or mobile games may not work correctly.
Billing and Financial: Ninja Kiwi does track the act of purchasing (that a purchase happened and what was purchased) when using Facebook Credits, Super Rewards, Xsolla, Trial Pay, iTunes, Google Wallet, Amazon, and/or other 3rd party wallet services, but Ninja Kiwi does not have access to any personal billing information. The act of purchasing is tracked for purposes of making sure that Ninja Kiwi games deliver great value for money and so that we can provide awesome customer support should something go wrong, and in such cases assist in the processing of refunds where possible.
Other Use of Information
Ninja Kiwi does not sell, rent, or publicly share your PII or aggregate data to anyone. We may use the information you provide to provide customer support or respond to forum posts. In the event of a change in corporate ownership or control, we would transfer all personally-identifiable and non-personally identifiable information to the new owner or controlling party. Ninja Kiwi would also share the minimum PII necessary to comply with court order, fraud protection, or other legal proceedings, to enforce our Terms of Service, or to protect the safety, rights, or property of Ninja Kiwi or its employees.
Children Under 16 in the EU and Under 13 In All Other Territories
We respect the privacy of parents, guardians, and their children, and we are committed to complying with the Children's Online Privacy Protection Act (COPPA) and EU standards, including the Global Data Protection Regulation. On ninjakiwi.com, players under age 16 in the EU or under age 13 in all other territories may not enter PII during the registration process (they must use a parent’s or guardian’s email address) and they may not sign up for forum accounts at all. Mobile players under age 16 in the EU or under age 13 in all other territories, do not share any personal information in the registration process and no PII such as IP address is stored for those players. Bloons TD Battles and Tower Keepers allow children under 16 in the EU and under 13 elsewhere to participate in guilds but not to send, receive, or view any chat messages. The ninjakiwi.com and Kongregate versions of Bloons TD Battles, Bloons TD 5, and SAS Zombie Assault 4 allow text chat to coordinate and enhance the multiplayer experiences; children under 16 may not use these chat systems. If anyone ever asks for personal information in chat, please screenshot the interaction and send the image to admin@ninjakiwi.com for investigation. Helpful “mute” buttons also exist in each of those games that will hide chat entirely, and we encourage parents and guardians to use this setting for those under 13.
If at any time a parent or guardian believes that his or her child has submitted personal information to Ninja Kiwi, he or she can contact us at admin@ninjakiwi.com. Ninja Kiwi will make reasonable efforts to delete the information upon learning that it relates to a child under the age of 16. Ninja Kiwi believes that parents should supervise their children's online activities and actively advise them on appropriate behavior and online safety, including avoiding chat systems and other open communication tools and never sharing personal information.
In-App Purchasing
Many of our games provide additional content for a direct fee - usually buying an item or an amount of in-game currency to make gameplay faster or more fun. Parents and guardians should be aware that they can set up their mobile devices to disallow one touch purchases and enforce password entry before any real-money purchase. Parents and guardians are responsible for maintaining password security for these systems and in general should not share passwords with their children. The following links describe how to make sure purchase verification is in place:
https://support.google.com/googleplay/answer/1626831?hl=en-GB
http://support.apple.com/kb/ht4009
http://www.amazon.com/gp/help/customer/display.html?nodeId=201112050
Security
Ninja Kiwi’s games and websites may contain advertisements or other links to other websites or apps as a service to you. These third party sites and apps are outside of our control and your activities with them are subject to their terms and privacy practices. We encourage you to review their terms and privacy practices before sharing any personal information with them, but we are not responsible for their privacy practices or for your disclosure of information to them. Nevertheless, we only want to be working with partners who exercise best practices, so if you ever have concerns about third parties, the services they provide, or the ads they serve, you may contact us at admin@ninjakiwi.com so that we can review our relationship with them.
Ninja Kiwi takes appropriate and reasonable precautions to protect the information you provide, both during delivery and in its stored location. These precautions include but are not limited to the encryption of network and player cloud data, separate project save storage, distributed storage with no sensitive data stored at Ninja Kiwi’s offices, and breach detection and countermeasures. On the player’s side of the equation, we urge you to keep your login and password information private, to log out from any computer or mobile device that could be accessed by someone else, and to refrain from leaving written passwords near your computer or device. If you believe your account has been compromised, please reset your account password immediately, or contact us at admin@ninjakiwi.com so that we may assist you.
Additional Options and Questions
If you do not agree with this privacy policy, you should immediately cease use of ninjakiwi.com, Ninja Kiwi web games, Ninja Kiwi forums, and Ninja Kiwi mobile games. You should delete cookies related to ninjakiwi.com or other websites where Ninja Kiwi web games were played, uninstall any Ninja Kiwi games from Steam, Xbox, or PS4, and delete the mobile games from your device(s).
Feel free to contact us about any questions regarding Ninja Kiwi or our policies at admin@ninjakiwi.com.
Ninja Kiwi
PO Box 26
Kumeu 0841
New Zealand
Last Updated: August 15, 2018
Latest Updates
For ease of access and understanding, recent revisions are highlighted here, but please take the time to read this full Terms of Service agreement as this is a binding legal agreement between you and Ninja Kiwi Limited.
* In compliance with Europe’s General Data Protection Regulation (GDPR), we have updated our Ninja Kiwi Login to explicitly ask whether players are under 16 in the European Union, and under 13 for all other players; in the case that players are under those regional age limits, no personally identifiable information (PII) will be requested during login and other PII such as IP address will not be stored.
* Related to GDPR changes, this Terms of Service and the Ninja Kiwi Privacy Policy are now addressed to players at least 18 years of age. If a player is below the age of 18, they must have a parent or guardian read and accept these Terms of Service and the Ninja Kiwi Privacy Policy on their behalf.
* References to the game Battle for the Galaxy have been removed as this game has not been published by Ninja Kiwi for more than a year. The Terms of Service and Privacy Policy in effect as of any use of Battle for the Galaxy as published by Ninja Kiwi remain binding.
* Case by case exemptions for commercial purpose play for YouTube and Twitch streamers and video makers will be considered via requests directed to support@ninjakiwi.com.
Introduction/Binding Agreement
These Terms of Service govern your access to and use of the Application and/or Ninja Kiwi Login, including any content, information, products, related communications, or related Services. This is a binding legal agreement between you and Ninja Kiwi Limited. (“Ninja Kiwi”) and applies to you in relation to any interaction with the Application, Ninja Kiwi Login, Services, or any related communications. Your access and use of the Application, Ninja Kiwi Login, or Services or participation in related communications signifies your acceptance of these Terms of Service and agreement to the collection, storage, review, and use of your information; this information will be stored on servers, some of which may be located in the United States. If you do not accept these Terms of Service and the Ninja Kiwi Privacy Policy in their entirety, you may not access, engage, or in any way use the Application, Ninja Kiwi Login, or any related Services. Ninja Kiwi reserves the right at any time to modify, discontinue, or terminate the Application, Ninja Kiwi Login, or Services, or modify these Terms of Service or the Privacy Policy at its sole discretion; when these Terms of Service or the Privacy Policy are updated they will be posted here and updated to the Ninja Kiwi blog and social channels (https://www.facebook.com/ninjakiwigames/ and https://twitter.com/ninjakiwigames). For players under the age of 18, we appreciate you reading these terms to understand your responsibilities as a player and member of the Ninja Kiwi community, but you must review these Terms of Service with your parent or guardian and your parent or guardian must agree to these Terms of Service on your behalf.
Eligibility and Use
By your (or your child’s in the case of a parent or guardian) access and use of the Application, Ninja Kiwi Login, Services, or Application-related communications you signify your agreement to the following:
a. You affirm that you are at least 18 years of age and that you are fully able and competent to comply with and adhere to these Terms of Service. Alternatively or in conjunction, you affirm that you are the parent or guardian of a player under the age of 18 for whom you take full responsibility for their compliance with these Terms of Service;
b. For Ninja Kiwi Login, players under the age of 16 in the European Union or under 13 in all other territories, in order to comply with the Children’s Online Privacy Protection Act (COPPA) and Europe’s General Data Protection Regulation (GDPR) standards, must signify their true age by selecting the “No, I am under 16” in the EU or “No, I am under 13” in all other territories;
c. For Ninja Kiwi Facebook Applications, you verify that you have a legitimate account in accordance with Facebook’s Terms of Service, and you will prevent anyone under the age of consent in your country from using your Account;
d. For Ninja Kiwi website forums, you verify that you are age 13 or older, and you will prevent anyone under the age of 13 from using your Account;
e. You shall use the Application, Ninja Kiwi Login, or Services only for non-commercial purposes, and you shall not solicit services, advertise, or send repetitive or spam messages;
f. If you access the Application, Ninja Kiwi Login, or Services from a social networking site or any other website you will comply with the terms of service of that site along with these Terms of Service;
g. You may not enter, submit, or upload user generated content (including but not limited to Ninja Kiwi Login usernames, forum posts, blog posts, chat, character or other in-game names, game editor content, or any video or streamed content where a core visual or topical content is Ninja Kiwi or its games) that is defamatory, harassing, threatening, bullying, bigoted, hateful, violent, obscene, pornographic, or that harms or can reasonably be expected to harm any person or property, and you understand that any such activity will lead to suspension of your Ninja Kiwi Account;
h. You shall not use the Application, Ninja Kiwi Login, or Services to engage in any illegal activity;
i. You are responsible for safeguarding and maintaining the confidentiality of your Account information, you will not disclose that information, and you will not disclose personally identifiable information unless as part of the setup of your Ninja Kiwi Login account or via Facebook, Google, Apple, or Twitch permissions. You shall not share personally identifiable information or account information with other players or community members. You agree that you are entirely and solely responsible for all access and use of your Account, whether or not you authorized it and whether or not you were aware of it. Please review our Privacy Policy for more information about our collection and limited use of personally and non-personally identifiable information;
j. You shall not share, copy, clone, gift, trade, barter, sell, or in any other way exchange your Ninja Kiwi Login or game data with any other person or entity, and you understand that any such activity will lead to suspension of your Ninja Kiwi account.
Limited License; Content; Ownership
Subject to your agreement to and compliance with these Terms of Service, Ninja Kiwi grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access, play, and otherwise use the Ninja Kiwi Applications and Services provided such access, play, and use is for your own entertainment and not for commercial purposes. For clarity, Ninja Kiwi at its sole discretion may choose to exempt game streaming and recording for popular platforms such as YouTube and Twitch from this commercial restriction on a case by case basis if the player presents their channel and makes a written request to support@ninjakiwi.com.
Except where otherwise noted, the Application, Ninja Kiwi Login, Services, related communications, and all content including but not limited to graphics, audio, text, user interface, characters, animations, buttons, icons, thumbnails, reward systems, quest systems, downloads, game data, and game design are the property of Ninja Kiwi and are protected by United States, New Zealand, and international copyright, trademark, and intellectual property laws. You may access, engage, and use the Application, Ninja Kiwi Login, or Services as they are presented to you and in accordance with these Terms of Service. Without express written consent from Ninja Kiwi, any attempts to modify, hack, cheat, autoplay, bot, datasniff, data capture, interfere with, disrupt, reproduce, frame, copy, post, sell, scrape, transmit, publicly display, or publicly perform the Application, Ninja Kiwi Login, or Services, clone accounts, clone characters, or create related or derivative works is expressly prohibited and immediately terminates the limited license granted and will lead to suspension of your account; any attempts to promote such proscribed usage through video, stream, social network, public display, digital communications, or any other mass audience channel is expressly prohibited and immediately terminates the limited license granted and will lead to suspension of your account.
Any and all content including but not limited to bloons, monkeys, buildings, towers, characters, environments, worlds, creatures, items, pets, homes, robots, tools, weapons, powers, powerups, upgrades, equipment, display areas, user interface, virtual currency, or any other virtual items or organized display or use of any such items remains the sole and exclusive property of Ninja Kiwi. No amount of customization, stat changes, item changes, configuration, leveling up, decorating, or in any other way modifying game elements through use of the Application, Ninja Kiwi Login, or Services conveys any ownership or alteration of limited license to use; all elements remain the sole and exclusive property of Ninja Kiwi.
Ninja Kiwi reserves the right at its sole discretion and without notice to make changes, modifications, additions, deletions, copies, or any other alterations and edits to any and all content elements, including but not limited to appearance, animation, statistics, behavior, performance, cost, or in-game value. Ninja Kiwi reserves the right at its sole discretion and without notice to delete, suspend, or modify any item, feature, account or the entire Application, Ninja Kiwi Login, or Services. In the event that access to the Application, Ninja Kiwi Login, or Services is terminated, all virtual items, virtual currency, and user’s game progress is forfeited and you will not receive any compensation, monetary or otherwise, for any of these elements forfeited. Any suspension or termination of your access to the Application, Ninja Kiwi Login, or Services will not waive or diminish your obligations under these Terms of Service (including but not limited to ownership, indemnification, and limitation of liability).
Virtual Currency and Premium Items
Through use of the Application, Ninja Kiwi Login, or Services you may accumulate virtual currency and virtual items whose sole use is within the Application, Ninja Kiwi Login, or Services where they were obtained. Ninja Kiwi engages with industry leading platform storefronts, including but not limited to Apple’s App Store, Google Play, Amazon’s App Store, and Steam, and with reputable third party services to allow purchase of virtual currency with real world currency, and Ninja Kiwi reserves the right to enable or disable any in-game acquisition of or real world purchase of virtual currency. Ninja Kiwi reserves the right at its sole discretion and without notice to change the rate of exchange for in-game or purchased virtual currency or the cost of any in-game item. Use of the platform storefront or third party service for purchase of virtual currency is governed by the terms of use of that service and any issues with that transaction are to be resolved with that platform storefront or third party service according to their support procedures. Ninja Kiwi will offer support assistance in contacting and attempting to resolve such platform storefront or third party service issues if you email support@ninjakiwi.com.
You understand and acknowledge that Ninja Kiwi is not required to provide a refund for any currency or other item for any reason. Further, you understand and acknowledge that you will receive no money or other compensation for unused virtual currency, premium items, or any other game resources when an account is closed, when an account is suspended, when an Application or Service is under maintenance, offline, closed, or otherwise unavailable, or when your data has been lost, corrupted, deleted, or otherwise made unavailable. Ninja Kiwi reserves the right at its sole discretion and without notice to remove, suspend, or close any Application or Service without any compensation to you.
Parents and guardians acknowledge that your children and wards may purchase virtual currency only with your supervision and authorization. We encourage all players, regardless of age, to understand their device settings and limit or restrict in-app purchasing on their device if they do not wish to engage with in-app purchase features. Additional information on restricting in-app purchases is available here:
https://support.google.com/googleplay/answer/1626831?hl=en-GB
http://support.apple.com/kb/ht4009
http://www.amazon.com/gp/help/customer/display.html?nodeId=201112050
Virtual currency and items are non-transferrable to any other Application, Service, website, or anywhere else. Virtual currency, virtual items, and player progress are not redeemable for any monetary value from Ninja Kiwi, any third party service, or any other entity. You agree not to sell, exchange, or attempt to transfer virtual currency, virtual items, or player progress, and any such actions will not be tolerated by Ninja Kiwi and will lead to suspension of your Ninja Kiwi account.
Whether you obtained virtual currency and virtual items through use of the Application, Ninja Kiwi Login, and Services, by purchase via a third party service, or by interacting with advertisements, you have no right or title to any virtual currency, virtual items, or any other game assets.
You agree to pay all fees and related taxes incurred by you or anyone using an account that is registered to you. You agree to pay all internet, carrier, device, power, repair, replacement, data, bandwidth and any other fees and related taxes related to the operation of any equipment or devices required to access any Application or Service.
Bloons TD 5 Deluxe Terms of Sale
The downloadable PC desktop Application, “Bloons TD 5 Deluxe,” is no longer for sale but these Terms still apply for players of the game. There are no physical goods comprising or associated with the Bloons TD 5 Deluxe Application. Customers must have access to the internet to download and to validate their serial key and complete the installation; customers are solely responsible for their internet access and any related fees. The Bloons TD 5 Deluxe Application may only be used according to the Ninja Kiwi End User License Agreement that must be accepted during the installation process.
Third Party Links
The Application and Services may link to or rely on third party websites or resources. Ninja Kiwi is not responsible or liable for the availability or accuracy of such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Electronic Communications
You consent to receive email communications from Ninja Kiwi support staff if you create a support ticket via an Application or via support@ninjakiwi.com. Ninja Kiwi endeavors to respond to customer support tickets, app store reviews, and forum posts in a timely and appropriate manner, but any such or other communications contact with Ninja Kiwi does not guarantee a reply or in any way impact the Disclaimer of Warranties or any other aspect of these Terms of Service.
Ninja Kiwi does not use emails for unsolicited marketing, but does reserve the right to use and you consent to receive emails for critical communications such as legal notices or announcements. Any marketing or game status emails would be opt-in only, and your opt in or out will not affect your access to the Application, Ninja Kiwi Login, Services, or related communications.
User Submissions
As a standard practice, Ninja Kiwi does not accept concepts, ideas, feature requests, game designs, or any other creative ideas, together known as “Submissions”, for the Application, Ninja Kiwi Login, and/or Services or any other Ninja Kiwi game or property. From time to time, Ninja Kiwi may run promotions to involve Submissions for the purpose of community engagement. Whether part of a promotion or unsolicited, if you make any Submissions, oral or written, in any format including but not limited to blogs, forums, emails, letters, videos, or social networking posts and comments, you acknowledge that you understand that Ninja Kiwi is in the business of making games and is constantly creating game ideas, features, concepts, technologies, designs, mechanics, and all other elements for Applications or Services and likely has ideas that are similar to or identical to your Submissions. In addition, you acknowledge that you will receive no compensation or credit and that your Submission is not confidential. By communicating the Submission, you warrant that you are the originator of the idea and that it does not infringe on the rights of any other person or entity, and you grant Ninja Kiwi a worldwide, royalty-free, non-exclusive perpetual right and license to use, modify, translate, publish, perform, produce derivative works, and in any other way manifest the Submission without any liability, payment, or expense.
Ninja Kiwi Competitions
By submitting an entry for any competition run by, or in association with Ninja Kiwi, you fully and unconditionally agree to and accept these additional rules, terms, and conditions:
a) You grant Ninja Kiwi a royalty-free license to use, reproduce, modify, publicly display, perform, produce derivative works of, or otherwise use any entry in any and all media, whether now known or hereafter existing, throughout the world for any and all purposes without compensation to you of any kind;
b) You represent and warrant that your entry does not infringe on any copyright, trademark, property rights, or any other rights of any third party and that you have the have the right to transfer the entry to Ninja Kiwi free of any claims. Ninja Kiwi shall have no liability for any alleged or actual infringement of a third-party's rights in connection with any entry;
c) You agree that you have not or will not receive any compensation or other consideration for your entry. Ninja Kiwi may in its sole discretion and without notice choose to award fan merchandise, including but not limited to t-shirts, stickers, badges, mouse pads, and virtual currency. All such items have no cash value and are purely for promotional purposes. Ninja Kiwi is under no obligation to award any fan merchandise regardless of the number or types of entries;
d) You further agree to release and hold harmless Ninja Kiwi and its licensors, distributors, agents, shareholders, directors, officers, employees and representatives from and against any and all losses, damages, rights, claims, and actions of any kind arising in connection with your participation in the contest, including, not limited to, claims based on publicity rights, defamation, or invasion of privacy. All federal, state, local, provincial and municipal laws and regulations apply. Void where prohibited by law.
Disclaimer of Warranties
The Application, Ninja Kiwi Login, and/or Services are for use “as available” and “as is” and without any warranty, regardless of the amount of time and/or money you have spent on the Application, Ninja Kiwi Login, and/or Services. Use of the Application, Ninja Kiwi Login, and/or Services are at your sole risk and sole discretion, and you are solely responsible for any damage to your computer system or smart device, for any device performance issues, and for any loss of data. Ninja Kiwi disclaims any warranty express or implied regarding title, merchantability, availability, fitness, freedom from errors, error correction, and timeliness of communication or error correction. Ninja Kiwi does not warrant that the Application, Ninja Kiwi Login, and Services are bug free, error free, or virus free. You are solely responsible for how you spend your time and money. No communication whether written or oral shall supercede this Disclaimer of Warranties.
Limitation of Liability; Indemnification; Force Majeure
In no event will Ninja Kiwi, its directors, or its employees be liable for any damages whatsoever and without limitation, whether they be direct, indirect, punitive, commercial, intangible, or of any other type, arising from the use of the Application, Ninja Kiwi Login, or Services, regardless of whether the damages are foreseeable, even if Ninja Kiwi, its directors, and/or its employees have been advised of the possibility of such damages. To the extent that the above limitation applied to its fullest extent in applicable jurisdiction assigns liability, that cumulative liability shall not exceed US$10.
You agree to indemnify and hold harmless Ninja Kiwi, its directors, employees, partners, and service partners from any claim and demand, including any attorney’s fees, made by any party due to your use of the Application, Ninja Kiwi Login, or Services, your violation of these Terms of Service, or your violation of applicable law or the rights of another party.
Ninja Kiwi shall not be liable for any damages, disruptions, or claims related to its Application, Ninja Kiwi Login, or Services that arise from acts of nature, weather, war, social upheaval, economic upheaval, unavailability of utilities or resources, terrorism, the public enemy, any government or public authorities requirements, or any other event outside of Ninja Kiwi’s control.
General
These Terms of Service shall be governed by and interpreted in accordance with the laws of New Zealand. Any legal action or proceeding will be brought exclusively in courts located in Auckland, New Zealand and you consent to this jurisdiction. If any provision in these Terms of Service is held to be invalid, the remaining provisions shall survive in full effect. These Terms of Service are personal to you and imply no partnership, employment, or any other business relationship between you and Ninja Kiwi, and you may not transfer, assign, or delegate these Terms of Service to any other party with the exception of a parent or guardian taking responsibility for these Terms of Service for their child or ward. No delay, failure to communicate, or failure to take action in relation to any of these Terms of Service shall invalidate any provision of these Terms of Service.
Contact
You may address comments or questions to the following email address: admin@ninjakiwi.com.
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Ninja Kiwi Ltd Privacy Policy
Last Updated: August 15, 2018
Ninja Kiwi is committed to making our games both fun and safe to use, and we are committed to best practices regarding the collection and use (truly as we see it, the lack of use) of both anonymous and personally identifiable information (PII). In general, our approach is to only collect anonymous data wherever possible and use as little PII as is necessary to provide the best games and services, and then only to use PII to make those games and services better, mainly through having an email address for communications with our support team. We do not gather or use anonymous data or any personal information to broker to third parties for commercial purposes; we only want to make our games better, and we only work with best in class advertising companies with similar policies. We ask players whether they are under 16 if in the European Union and under 13 in all other territories, and if players are under those respective ages, we do not collect or store on our servers any PII, including IP address. Still wanting to make sure we provide best-in-class customer service, those players are given a non-personal unique code if they need to contact customer support.
This privacy policy applies to the Ninja Kiwi website located at http://ninjakiwi.com, the related game and game editor sites, to Ninja Kiwi-published web and Facebook games, to Ninja Kiwi Xbox, Playstation, and Steam games, and to our mobile games published on Google Play Store, Apple App Store, Amazon App Store, and other popular app stores.
This privacy policy may change to reflect changes in business practice, legislation, or market reality, such as the Global Data Protection Regulation in Europe. Any changes will be posted here, and significant changes will either be broadcast on the Ninja Kiwi blog and social channels (https://www.facebook.com/ninjakiwigames/ and https://twitter.com/ninjakiwigames). We continue to monitor the high standards set by the state of California and by the EU, and we endeavor to update our policies to remain reflective of those highest standards.
When you and/or your children or wards use Ninja Kiwi games and services, you agree to be bound by our Terms of Service (https://ninjakiwi.com/terms) and the terms of this Privacy Policy. You and/or your children or wards should not use any Ninja Kiwi games or services unless you accept both this Privacy Policy and our Terms of Service.
Types of Information
Ninja Kiwi Mobile Registration: When you register for a Ninja Kiwi mobile account, this account can be used across most Ninja Kiwi mobile games but does not provide registration to ninjakiwi.com or forums. You may provide us with an email that we use as a unique identifier for your account or choose a 3rd party login like Facebook, Google, or Gamecenter. We do not collect any age, gender, country, or other information. The primary use of this email is to allow customers to contact support@ninjakiwi.com from that email, so that customer support can immediately validate ownership and offer assistance more quickly. We do not do email marketing to mobile players. We do need to reserve the right to email all registered players in the case of legal notices or major company news, but we have never needed to do this to date. Players under the age of 16 in the European Union or under the age of 13 in all other territories are allowed to register for Ninja Kiwi accounts, but they cannot supply any personally identifiable information and are instead generated a non-personal unique code that they can reference for customer support. For games with social teams such as Clans or Guilds, players under 16 in the EU or under 13 elsewhere must identify themselves as such before they join a Clan or Guild in these games, and these younger players are then excluded from sending, receiving, or reading any chat messages - chat is completely disabled. Instead of simply excluding under age players from the game or from participating in Clans and Guilds, we choose this approach as it allows under age players to participate in the fun of Clan and Guild play and be part of a team, but without risking PII sharing. Players 16 and over in the EU and 13 and over elsewhere consent that any information they enter into chat, along with any and all other data, may be stored on servers in the United States or other countries.
Ninja Kiwi Website Registration: Registration for ninjakiwi.com is exclusively for the website and does not apply to mobile games or forums, which are separate registrations. While you do not need to register to play many of the games on ninjakiwi.com, several games or game features will not work without a successfully registered account, and we cannot provide effective customer support for any game progress without a successfully registered account. Registration does ask for username, email, and password or for 3rd party login via Facebook or Google. Players under the age of 16 in the EU or under the age of 13 in all other territories are directed specifically to use parent or guardian emails. Emails are used for customer support purposes; a checkbox exists for opt-in email marketing, and this is only used in the event of a major game release or update. We do need to reserve the right to email all registered players in the case of legal notices or major company news, but we have never needed to do this to date.
Ninja Kiwi Website Forum Registration: If you register for the ninjakiwi.com forums, we require an email address for registration validation. Children under the age of 13 in all territories are not allowed to register for the Ninja Kiwi forums because forums have open communication and we cannot reasonably monitor the forums for exchanges of personal information. We use reasonable efforts to monitor and remove any personally identifiable information; any forum member may also contact support@ninjakiwi.com to have their posts or accounts removed from view or deleted.
Facebook, Google+, Game Center, and Game Circle Logins: We use these services to simplify logins to our mobile and website logins and to connect players to their friends for co-operative and competitive play, and to compare scores and progress. We use the respective platform standard versions of these services and only reference the username/email associated to associate with your saved data, scores, and game progress.
Facebook and Google+ Information: When you register for Ninja Kiwi using Facebook or Google+, use Facebook likes or Google “+”, or share links through these services, Ninja Kiwi accesses data already provided to Facebook and Google in accordance with their Privacy Policies, and is only granted access to that information via the player-approved permissions necessary to use those games or services. Ninja Kiwi from time to time may review Facebook and Google+ data such as aggregate (not individual) age, country, and gender along with various data about how the overall player community are playing a game or using the web site in order to make our games and services more awesome. This information may be stored in cookies or on our secured servers but is not accessed by Ninja Kiwi in this way; if reviewed, such information is only viewed in aggregate via developer dashboards made available by these 3rd parties and covered by their privacy and security standards. Ninja Kiwi does not share or sell this information with any party.
Mobile Game Data: Ninja Kiwi tracks gameplay information about the way players play our mobile games, which includes game and player progress information that is essential for saving and protecting that progress. Analytics track elements of the game the players interact with most and least frequently, where players stop playing or play less, and other aspects of aggregate player progression through the game. Ninja Kiwi does not use analytics to try to squeeze more money out of players; we like to think we are in the old fashioned business of making fun games, so we use these analytics to help us understand what elements players are enjoying and when the fun stops so we can try to improve all players’ enjoyment. For players age 16 or older in the EU and age 13 or older in all other territories, IP address, device type, OS type, time stamp, and other general device level information are accessed and stored on distributed, scalable servers, which may be located in the United States. For players under age 16 in the EU and under age 13 in all other territories, no PII is stored.
Web Game and Site Data: Ninja Kiwi tracks information about the way visitors and players use our web sites and games so that we can make our sites and games more accessible, pertinent, and fun. Ninjakiwi.com uses log files to store information such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring, exit and visited pages, platform used, date/time stamp, track player game usage on the whole, and gather very general machine-supplied information for aggregate use (location and language). IP addresses and language settings are not linked to personally identifiable information. Ninja Kiwi uses cookies, server stored game data, and third-party analytics services to track player activity and make games more awesome. This information is stored on distributed, scalable servers, which may be located in the United States. You can set your browser to limit or reject cookies, but this has a high chance of interfering with website and web game features and may prevent some web games from playing at all or saving your progress. If you want to play our web games, please understand that cookies are small save files for your player progress, so they need to stay available.
Advertising: Ninja Kiwi uses third-party advertising companies to serve ads when visiting our web pages and mobile games. We offer our web games and many of our mobile games for free, so these ads allow us to continue making and updating top quality free games. The third-party advertising companies may collect and use information (but not your name, address, email address, telephone number, or other PII) about your visits to ninjakiwi.com and our mobile games in order to provide advertisements about goods and services of interest to you. For Bloons Adventure Time TD, Turner Broadcasting may collect non-personally identifiable information to manage and measure the delivery of advertising within that game, including the number of times the same advertisement is served and viewed. For players registered as under age 16 in the EU or under age 13 elsewhere, we use designated non-PII ad calls that either do not send PII (usually IP address) or encrypt that PII so that we have no access to it. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, heat maps, player behavior) during your visits to ninjakiwi.com and Ninja Kiwi mobile games in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party beacon to collect this information. We do not have access to this information or influence over third party ad network policies, barring our ability to discontinue their services. If you would like more information about advertising practices and to know your choices about not having this information used by these companies, you can visit Google's Advertising and Privacy page or the Network Advertising Initiative. Please understand that if you disable or block certain ad features, then other aspects of ninjakiwi.com, its games, or mobile games may not work correctly.
Billing and Financial: Ninja Kiwi does track the act of purchasing (that a purchase happened and what was purchased) when using Facebook Credits, Super Rewards, Xsolla, Trial Pay, iTunes, Google Wallet, Amazon, and/or other 3rd party wallet services, but Ninja Kiwi does not have access to any personal billing information. The act of purchasing is tracked for purposes of making sure that Ninja Kiwi games deliver great value for money and so that we can provide awesome customer support should something go wrong, and in such cases assist in the processing of refunds where possible.
Other Use of Information
Ninja Kiwi does not sell, rent, or publicly share your PII or aggregate data to anyone. We may use the information you provide to provide customer support or respond to forum posts. In the event of a change in corporate ownership or control, we would transfer all personally-identifiable and non-personally identifiable information to the new owner or controlling party. Ninja Kiwi would also share the minimum PII necessary to comply with court order, fraud protection, or other legal proceedings, to enforce our Terms of Service, or to protect the safety, rights, or property of Ninja Kiwi or its employees.
Children Under 16 in the EU and Under 13 In All Other Territories
We respect the privacy of parents, guardians, and their children, and we are committed to complying with the Children's Online Privacy Protection Act (COPPA) and EU standards, including the Global Data Protection Regulation. On ninjakiwi.com, players under age 16 in the EU or under age 13 in all other territories may not enter PII during the registration process (they must use a parent’s or guardian’s email address) and they may not sign up for forum accounts at all. Mobile players under age 16 in the EU or under age 13 in all other territories, do not share any personal information in the registration process and no PII such as IP address is stored for those players. Bloons TD Battles and Tower Keepers allow children under 16 in the EU and under 13 elsewhere to participate in guilds but not to send, receive, or view any chat messages. The ninjakiwi.com and Kongregate versions of Bloons TD Battles, Bloons TD 5, and SAS Zombie Assault 4 allow text chat to coordinate and enhance the multiplayer experiences; children under 16 may not use these chat systems. If anyone ever asks for personal information in chat, please screenshot the interaction and send the image to admin@ninjakiwi.com for investigation. Helpful “mute” buttons also exist in each of those games that will hide chat entirely, and we encourage parents and guardians to use this setting for those under 13.
If at any time a parent or guardian believes that his or her child has submitted personal information to Ninja Kiwi, he or she can contact us at admin@ninjakiwi.com. Ninja Kiwi will make reasonable efforts to delete the information upon learning that it relates to a child under the age of 16. Ninja Kiwi believes that parents should supervise their children's online activities and actively advise them on appropriate behavior and online safety, including avoiding chat systems and other open communication tools and never sharing personal information.
In-App Purchasing
Many of our games provide additional content for a direct fee - usually buying an item or an amount of in-game currency to make gameplay faster or more fun. Parents and guardians should be aware that they can set up their mobile devices to disallow one touch purchases and enforce password entry before any real-money purchase. Parents and guardians are responsible for maintaining password security for these systems and in general should not share passwords with their children. The following links describe how to make sure purchase verification is in place:
https://support.google.com/googleplay/answer/1626831?hl=en-GB
http://support.apple.com/kb/ht4009
http://www.amazon.com/gp/help/customer/display.html?nodeId=201112050
Security
Ninja Kiwi’s games and websites may contain advertisements or other links to other websites or apps as a service to you. These third party sites and apps are outside of our control and your activities with them are subject to their terms and privacy practices. We encourage you to review their terms and privacy practices before sharing any personal information with them, but we are not responsible for their privacy practices or for your disclosure of information to them. Nevertheless, we only want to be working with partners who exercise best practices, so if you ever have concerns about third parties, the services they provide, or the ads they serve, you may contact us at admin@ninjakiwi.com so that we can review our relationship with them.
Ninja Kiwi takes appropriate and reasonable precautions to protect the information you provide, both during delivery and in its stored location. These precautions include but are not limited to the encryption of network and player cloud data, separate project save storage, distributed storage with no sensitive data stored at Ninja Kiwi’s offices, and breach detection and countermeasures. On the player’s side of the equation, we urge you to keep your login and password information private, to log out from any computer or mobile device that could be accessed by someone else, and to refrain from leaving written passwords near your computer or device. If you believe your account has been compromised, please reset your account password immediately, or contact us at admin@ninjakiwi.com so that we may assist you.
Additional Options and Questions
If you do not agree with this privacy policy, you should immediately cease use of ninjakiwi.com, Ninja Kiwi web games, Ninja Kiwi forums, and Ninja Kiwi mobile games. You should delete cookies related to ninjakiwi.com or other websites where Ninja Kiwi web games were played, uninstall any Ninja Kiwi games from Steam, Xbox, or PS4, and delete the mobile games from your device(s).
Feel free to contact us about any questions regarding Ninja Kiwi or our policies at admin@ninjakiwi.com.
Ninja Kiwi
PO Box 26
Kumeu 0841
New Zealand