Terms of Use

Last Update: May 27, 2016


1. INTRODUCTION

1.1 These Terms of Use (or "Terms") are a contract between you and Keganzo Srl. The Terms apply to:
(a) our websites, including www.keganzo.com and any other keganzo.com sub-domains ("Sites");
(b) any of our online or mobile app or game, products or services, including mobile applications on Android™ devices and any other applicable mobile platform; and
(c) any of our products or services (including support services) which may be accessible via a web application, third party platform or social networking service (including Facebook™).
We’ll call them together our "Services" in this document.

1.2 If you are under 18 years of age you must ask your parent or guardian to review and approve the Terms on your behalf.

1.3 You confirm your agreement to the Terms by accepting them as part of the installation process of the Services (if applicable) or using the Services. If you do not agree to the Terms, you must not install or use the Services.

1.4 If you think that the Terms are not complete in any respect, please contact us as soon as possible by mean of the Feedback module here http://www.keganzo.com/keganzo.html#contact. If you do not do so within 48 hours after the installation, in case of installable applications (e.g., Android™ apps), or after the first access to the Services, in case of not installable applications (e.g., web sites), then you shall be considered to have agreed to the Terms.

1.5 You should also read our Privacy Policy (which you can find here http://www.keganzo.com/privacy-policy.html) for information about our approach to privacy and your information. For example, it explains how we use your personal information and metrics information.

1.6 These Terms may be localised to your local language for your information and convenience. Please bear in mind though that in the event of any inconsistency or dispute between the localised language version and the Italian language version, the Italian language version will prevail.

2. ABOUT US

2.1 We are Keganzo Srl and our legal head office is located in Via Claudio Truffi 8, 00155 Rome (RM), Italy. We’ll refer to ourselves as "Keganzo" in these Terms of Use.

3. USING THE SERVICES

3.1 In return for your acceptance of the Terms, we give you the personal right (known as a "License") to use our Services. This includes to download and play our Services on any Android™ and any other mobile device that you own or control.

3.2 This licence is for your personal use only (i.e., not for other people and not for commercial gain). We can terminate this licence in certain circumstances, which are explained further below. This licence is "non-exclusive", meaning that we can grant similar licences to other people as well. It is also "non-transferable", meaning it cannot be given to anyone else.

4. PATCHES, UPDATES AND CHANGES

4.1 From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Services (e.g., to enhance Services play or functionality, to add new features or to resolve software bugs). From time to time, we may also at our discretion remove or suspend access to particular features, content or other parts of the Services.

5. INTELLECTUAL PROPERTY

5.1 The Services, including the graphics, source code, user interface, audio, text and other content, contains proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or license all of this proprietary information and material and that you may not use or exploit any of it without our explicit permission.

6. USER GENERATED CONTENT

6.1 If you create any content for use with the Services (which we refer to in the Terms as "User Generated Content"), you are solely responsible and liable for that User Generated Content. We do not accept any liability or responsibly for User Generated Content, nor do we provide any support for it. Users of the Services create, download and use User Generated Content at their own risk.

6.2 In relation to any User Generated Content which you create or wish to make available to other users, you agree to and comply with the following terms and conditions:
(a) Any part of the User Generated Content which comprises or incorporates any of our intellectual property rights remains our property.
(b) You must not in any way claim or suggest that any User Generated Content is endorsed, supported by, or affiliated with us.
(c) The User Generated Content must comply with all relevant legislation and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us.
(d) The User Generated Content must not infringe the intellectual property rights or any other rights of any third party.
(e) If you contravene any of these terms and conditions, we reserve the right to suspend or permanently remove availability of your User Generated Content and to take any other steps which we consider appropriate.
(f) You grant us an irrevocable, worldwide, royalty-free and perpetual licence to distribute to users, reproduce, publicly display or perform, amend, edit, transfer and create derivative works from, the User Generated Content as we consider necessary and without any obligation to mention the author.

7. VIRTUAL GOODS

7.1 The Services may permit you to purchase in app purchases or virtual goods for use in them ("Virtual Goods"). These are the rules that apply to Virtual Goods:
(a) Virtual Goods have no real world monetary value and do not constitute real world currency or property of any type.
(b) Virtual Goods may be redeemed only for other Virtual Goods where permitted in the Services.
(c) Virtual Goods are non-refundable and non-exchangeable once purchased by you (whether or not you use them).
(d) Virtual Goods cannot be sold or transferred to anyone and cannot be exchanged for cash or any goods or services (other than Virtual Goods as permitted by the Service and by these Terms).
(e) Virtual Currency expires on the date on which we stop providing the Services or on which you or we cancel your use of the Services as provided below.
(f) To acquire Virtual Goods, you need to follow the instructions provided by the Services. This can include making a payment and providing personal and financial details (which you should ensure are complete and accurate). We will transfer the Virtual Goods to you only once that payment has been processed.
(g) The price payable for the Virtual Goods (including any value added tax or other applicable taxes of duties) will be as set out on our website or the Services (as applicable). We reserve the right to change the price of Virtual Goods at any time at our discretion.
(h) You are responsible for any and all applicable taxes and other applicable costs regarding your acquisition of Virtual Goods.
(i) We do not make any promises regarding how or when Virtual Goods may be available and can update or change Virtual Goods at any time.
(j) You may only acquire Virtual Goods from us.
(k) We may limit or block a request to acquire Virtual Goods for any reason.

8. FEEDBACK

8.1 We welcome feedback from our users regarding our Services. Please note that, as part of you providing us any comments, suggestions, game ideas or other feedback regarding any of our Services ("Feedback"), you agree that we will be the exclusive owners of the Feedback and you assign all of your rights in the Feedback to us for this purpose. We may make use of the Feedback for any purpose at our discretion without any notice or compensation to you.

9. TRADEMARKS

9.1 "Keganzo", its respective logos, the names "Shado", and other Keganzo logos and product and service names are trade marks of, and are owned by, Keganzo Srl. You may not use or display such trademarks in any manner, except as expressly set forth in these Terms. All third party trademarks and service marks appearing on the Services are the property of their respective owners and all rights in them are reserved.

10. PRIVACY POLICY

10.1 You confirm that you have read and agreed with the Keganzo privacy policy here http://www.keganzo.com/privacy-policy.html.

11. WHAT YOU MUST NOT DO

11.1 You must not do or attempt to do (either yourself or via someone else) any of the following:
(a) to use the Services for any purpose except personal enjoyment;
(b) except as authorised by us in the Terms (or as permitted by law) to copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble the software included in the Services or create adaptations of the Services or derivative works based on the Services (excluding User Generated Content); or
(c) to hack, distribute, modify, transmit, harm, or misuse the Services.

12. WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SERVICES

Warranties

12.1 We warrant that: (i) we have the right to enter the Terms and to grant you the licence to use the Services set out above; (ii) we will use reasonable skill and care to give you access to the Services; and (iii) we will use reasonable endeavours to comply with applicable laws in the performance of our obligations under the Terms.

12.2 Please also note that:
(a) we provide the Services for personal entertainment, on an "as is" basis. This means that we make no warranties about the features, content or other parts of the Services;
(b) we make no warranties that the Services is of satisfactory quality or fit for purpose; and
(c) we make no warranties regarding the Services’ operation or that it will be error free.

Limitation of liability

12.3 To the extent permitted by applicable law, we shall not be liable to you for any damage, injury, loss (including indirect or consequential loss) or costs arising from the Services or these Terms, whether arising in tort (including negligence), contract or breach of statutory duty and even if foreseeable by Keganzo.

13. FORCE MAJEURE

13.1 We will not be liable for any failure by us to perform any obligation under these Terms or to make the Services available for download, installation or use if that failure is caused by the happening of any unforeseen event beyond our reasonable control including without limitation: Internet outages, communications outages, hacking, fire, flood, war or act of God.

14. TERMINATION

14.1 If you breach a term of the Terms, then we may cancel or suspend your access to the Services.

15. GENERAL

15.1 The Terms governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this Agreement.

15.2 If any part of these Terms is held to be unenforceable, then it will not affect the enforceability of any other part of these Terms. Also, we and you agree to interpret the rest of these Terms in such a way as to reflect your and our intentions in these Terms as far as possible.

15.3 If you or we fail to exercise (or delay exercising) any right which you or we may have under this License, that failure or delay does not mean that we or you lose that right. If we or you only partially exercise a right or only exercise it once, that will not stop you or us from exercising it again in the future.

15.4 These Terms, together with the Privacy Policy at http://www.keganzo.com/privacy-policy.html, constitute the entire agreement between you and us with respect to the Services and supersede any previous agreement or understandings between you and us. If you consider the Terms or the Privacy Policy are incomplete in any way, please contact us by mean of the Feedback module here http://www.keganzo.com/keganzo.html#contact as soon as possible before commencing use of any Services, otherwise you will be deemed to have accepted these documents within 48 hours after the installation, in case of installable applications (e.g., Android™ apps), or after the first access to the Services, in case of not installable applications (e.g., web sites), then you shall be considered to have agreed to the Terms.

16. GOVERNING LAW

16.1 You and we agree that your use of the Services, and these Terms, shall be governed by and interpreted according to the laws of Italy and that any dispute regarding them shall be heard exclusively by the jurisdiction and court of Florence.

17. CHANGES TO THE TERMS

17.1 We may vary the Terms as and when we consider it appropriate or necessary for legal reasons or to reflect changes in the Services. If so, then we will make the revised Terms available at http://www.keganzo.com/terms-of-use.html. It is your responsibility to review this Terms of Use frequently to keep informed about any changes to it. Your continued use of the Services will indicate your acceptance of any changes we do make.