TERMS OF SERVICE
Effective Date: September 1, 2022
Barking Kitten Interactive Co., Ltd. (“Barking Kitten”, “we”, “our”, or “us”) greatly values the privacy of people (“you” or “User”) who visit our websites, use or access our games, whether played on PCs or other approved platforms (“Barking Kitten Interactive Game(s)”), and/or otherwise use or access any of our provided services, including but not limited to customer support, marketing and advertising, and community services (collectively the “Barking Kitten Services” or “our services”).
“Barking Kitten Game(s)” refer to any game(s) that Barking Kitten has launched, will launch in the future, or any of its game(s) during the testing process. Barking Kitten Game(s) include but are not limited to the software of Barking Kitten Game(s) (including but not limited to the whole game software and any content, component, element, or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you by Barking Kitten under this Agreement, and/or any copy of the foregoing. Barking Kitten reserves the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the Barking Kitten Services shall constitute your acceptance to be bound by the updated Agreement. If you do not agree to any term of this Agreement, please do not, either directly or indirectly, use or access the Barking Kitten Services in any way.
1. Limited License
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, right and license to access and use the Barking Kitten Game for your personal non-commercial gameplay. You may download information, images, artwork, text, video, audio, pictures, and other materials from the Barking Kitten Game to the extent necessary to access and use the Barking Kitten Game for the purposes of this Agreement. However, you must not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create any derivative work from any of those materials or any other portion of the Barking Kitten Game without our prior written approval. We, and our licensors, reserve all rights not specifically granted to you in this Agreement.
2. Other Prohibitions
Except as expressly set out in this Agreement, or as we may otherwise expressly agree in writing, you will not: (a) commercially exploit Barking Kitten Game or distribute, lease, license, sell, rent, grant a security interest in, lend or otherwise transfer or assign the Barking Kitten Game or any copies of the Barking Kitten Game; (b) remove, alter, or conceal any proprietary notice contained in the Barking Kitten Game; or (c) encourage, assist or allow any third party to do any of the foregoing.
3. Ownership
The Barking Kitten Game is protected by copyright law and by national and international laws, treaties, and conventions. As between you and us, we own all right, title, and interest in the Barking Kitten Game, including all computer code, titles, text, images, animations, artwork, audio, video, designs, sounds, themes, objects, characters, character names, stories, dialogue, concepts and trademarks, the graphical design of the user interface, the “look-and-feel” of the user interface, all modifications, customizations, and additions thereto, and all intellectual property rights therein. Our names and logos are our trademarks, and you must not use any of them without our consent. Except as expressly set out in this Agreement, you acquire no license to, or other rights in, the Barking Kitten Game.
4. Age
The Barking Kitten Game is available only to individuals who are of legal age to form a binding contract. The Barking Kitten Game may be used by an individual older than 13 but younger than 19 only with express authorization from that individual’s parent or legal guardian. Subject to the laws of your jurisdiction of residence, individuals older than 13 but younger than 19 may only access and use the Barking Kitten Game through an account established by, and with the approval of, their parents or legal guardians. If you permit your minor child or legal ward to play the Barking Kitten Game, you agree to this Agreement on your behalf and on behalf of your minor child or legal ward. You hereby confirm that you are at least 19 years of age, are of the age of majority in the jurisdiction from which you access the Barking Kitten Game, and are an individual who can form a legally binding contract.
5. Interruptions, Errors, and Downtime
Your use of the Barking Kitten Game might be interrupted and will not be free of errors. The Barking Kitten Game may be unavailable from time to time due to routine maintenance, upgrades, hardware and software malfunctions, repairs, power outages, hackers, denial of service attacks, and unforeseeably large service demands. Where reasonably possible we will give you prior notice of any scheduled service interruptions.
6. Privacy
We respect your privacy and only collect, use, and disclose your personal information as described in our Privacy Policy and in this Agreement. You hereby consent to the collection, use, and disclosure of your personal information as described in this Agreement and our Privacy Policy.
IF YOU DISPUTE ANY CHARGES RELATING TO BARKING KITTEN GAME OR TO PRODUCTS OR SERVICES AVAILABLE THROUGH OR IN CONNECTION WITH BARKING KITTEN GAME, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS AFTER THE DATE OF THE CHARGE. Your failure to notify us within that period will constitute your waiver of any claim relating to the disputed charge.
7. Your Responsibilities
You are solely responsible for obtaining and maintaining all computer equipment and Internet connections required to access and use the Barking Kitten Game, at your sole expense. We do not guarantee that the Barking Kitten Game will not conflict with other programs on your computer, and we will not be responsible for the workings or failures of your computer equipment, network, software, or Internet access.
8. Restrictions On Your Conduct
When using the Barking Kitten Game, you must comply with all applicable laws and with all of our policies and rules, as updated from time to time. In particular, but without limiting the foregoing, you must not: hack, reverse engineer, disable, disrupt or interfere with the functioning of the Barking Kitten Game, or modify the Barking Kitten Game in any way; use the Barking Kitten Game in any manner that could damage or impair the Barking Kitten Game or interfere with any other party’s use and enjoyment of the Barking Kitten Game; harass or threaten any other user of the Barking Kitten Game or any Barking Kitten employee or representative; impersonate another person, indicate that you are a Barking Kitten employee or representative (if you are not) or attempt to mislead other players by indicating that you represent Barking Kitten in any way. In addition to any other available remedies, we may suspend or terminate your access to the Barking Kitten Game if you breach any of these obligations.
9. Disclaimers
The Barking Kitten Game is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all terms, conditions, guarantees, representations, and warranties (express, implied, statutory, and otherwise), in respect of the Barking Kitten Game, including those of merchantability, non-infringement, title, quality, and fitness for a particular purpose. We do not warrant that the Barking Kitten Game will be uninterrupted or error-free, that defects will be corrected, or that the Barking Kitten Game will be free of viruses or other harmful components or content. If you download or obtain any product or service through or in connection with the Barking Kitten Game, you do so at your own discretion and risk, and you will be solely responsible for any damage or loss, including any damage to your computer system or other device or loss of data, that arises from or relates to any such product or service.
10. Changes to Agreement
We may revise this Agreement at any time and from time to time. We will provide notice of any changes by presenting a revised Agreement for your review when you first access the Barking Kitten Game after the Agreement changes. We may provide such other notice as we may choose in our sole discretion. Your continued use of the Barking Kitten Game following notice of changes to this Agreement will mean that you accept all such changes. If any change is not acceptable to you, your only recourse is to stop using the Barking Kitten Game.
11. Changes to Game
From time to time, without prior notice, we may in our sole discretion add new features to the Barking Kitten Game, remove existing features from the Barking Kitten Game, or otherwise modify or update the Barking Kitten Game. We may provide updates that must be installed on your computer for you to access and use the Barking Kitten Game. You hereby consent to us remotely installing updates to Barking Kitten Game software that resides on your computer, without further notice.
12. Governing Law and Disputes
This Agreement is governed by and construed in accordance with the laws of Thailand and shall be subject to the exclusive jurisdiction of the Trial courts.
13. Waiver
A failure on the part of Barking Kitten to act with respect to a breach by you or others of these Terms of Service does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms of Service shall continue in full force and effect.
14. Contact and Complaints
If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us at [email protected]
Barking Kitten Interactive Co,. Ltd.
Last Updated: June 27, 2023