These Terms of Service (“Terms”) are a legal agreement between AKPublish pty ltd, its Affiliates (“AKP” or “we”) and you (“you”). Affiliates shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. By using or accessing any AKP game, website, or application (“Service”) you agree to be bound by these Terms. AKP’s Privacy Policy is incorporated herein by reference. By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. AKP reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.
Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.
If you violate the Terms, AKP reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that AKP need not provide you notice before terminating or suspending your account(s), but it may do so.
AKP reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
You agree that AKP may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.
All AKP websites are available only to individuals who are at least 16 years old.
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Commonwealth of Australia copyright laws and/or similar laws of other jurisdictions.
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Commonwealth of Australia copyright laws and/or similar laws of other jurisdictions.
You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without AKP’s express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, require express prior written permission from AKP. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
AKP and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by AKP. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by AKP, or any derivative works thereof.
AKP grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.
You agree that you are willingly publishing the content on the Service using technology and tools provided by AKP. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of AKP. You grant AKP the right to act as an agent on your behalf as operator of the application.
Any data, text, graphics, photographs and their selection and arrangement, (hereinafter “User Content”) uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by AKP. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and AKP is not responsible for any files users upload, post, or otherwise make available. AKP may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the AKP application. By using AKP you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that AKP will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
AKP reserves the right to remove and permanently delete any User Content from the Service with or without notice.
The Service may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from AKP for “real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from AKP or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.
Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in AKP’s sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.
AKP retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.
The AKP Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. AKP has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. AKP may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by AKP, and these communications should not be considered reviewed or approved by AKP. AKP will not under any circumstance be liable for any activity within Communication Channels.
You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. AKP is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
Information collected from you is subject to the pertinent social network’s policy. By using the Service, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with AKP. Please see AKP’s Privacy Policy for more information on the collection and use of your information. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, AKP, its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. AKP makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; AKP assumes no liability or responsibility for any (i) errors, istakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
In no event will AKP, its Affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not AKP has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that AKP shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold AKP, and each of its Affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.
By visiting or using the Service, you agree that the laws of Commonwealth of Australia, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and AKP. Any claim or dispute between you and AKP that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Commonwealth of Australia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Commonwealth of Australia. AKP reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of AKP following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND AKP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.