- End User License Agreement -

Effective Date: May 1, 2022

1.        Privacy Policy.

2.        Eligibility.

3.        Virtual Items.

4.        Appropriate Use of the Services.

5.        Intellectual Property; Limited License.

6.        Termination; Cancellation.

7.        Links to Third Parties.

8.        Copyright Complaints.

9.        Indemnification.

10.      Limitation of Liability.

11.      Governing Law; Venue.

12.      General Terms.

13.      Questions and Comments.

This End User License Agreement ("Agreement") is a legal agreement between you and the developer of the App, including its affiliates, subsidiaries (collectively, “Khakibear Studio”, “Khakibear”, “we”, “us” or “our”), governing your access to and use of the mobile application along with any revisions, updates and/or modifications thereto (the “App”),and any data, products, services and associated materials or media supplied with the App (collectively, the “Services”).

BY CLICKING “PLAY” OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES FOR ANY PURPOSE.

• Privacy Policy.

To learn about how Khakibear Studio collect, use, and disclose information about you, please review our Privacy Policy.

• Eligibility.

The Services are not targeted toward or intended for use by anyone under the age of eighteen (18). If you are under eighteen (18) years of age, your parent or guardian must agree to this Agreement (both for themselves and on your behalf) before you can use the Services. By using the Services, you represent and warrant that you (a) are eighteen (18) years of age or older, (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (c) have full power and authority to enter into this Agreement and in so doing will not violate any other agreement to which you are a party.

• Virtual Items.

The Services may include virtual currency, such as coins, puzzles or other virtual item that may be earned or obtained through the Services, subject to applicable law (collectively, the “Virtual Items”). Khakibear Studio reserve the absolute right, at any time and at our sole discretion, to manage, regulate, control, modify or eliminate Virtual Items as Khakibear Studio deem fit, and Khakibear Studio shall have no liability to you or any third party for the exercise of such rights. You have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Services the Virtual Items that you have earned, purchased or otherwise obtained in a manner authorized by us.  You have no other right, tile or interest in or to any such Virtual Items appearing or originating in the Services.

You hereby acknowledge and agree that the transfer of Virtual Items is strictly prohibited except where expressly authorized in the Services.  Outside the Services, you shall not sell, redeem or otherwise transfer any Virtual Item to us, any other user or any other party.

You agree that all sales of the Virtual Items are final and, except as determined by us in our sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of the Services for any reason, including upon our discontinuation of the Services or applicable portion thereof for any reason, all Virtual Items will be forfeited, and Khakibear Studio will have no liability to you in connection therewith.

• Appropriate Use of the Services.

You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services.

In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques Khakibear Studio employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.

• Intellectual Property; Limited License.

The Services, and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Our Content”) are owned by or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, Khakibear Studio and our licensors reserve all rights in and to our Services and Our Content.

Khakibear Studio hereby grant you a limited, revocable, non-transferable, non-exclusive and non-sublicensable license to access and use the Services and Our Content; provided, however, that such license is subject to this Agreement and does not include any right to: 

(a) sell, resell our Services and Our Content;

(b) copy, reproduce, distribute, publicly perform or publicly display Our Content, except as expressly permitted by us or our licensors;

(c) modify Our Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and Our Content;

(d) use any data mining, robots or similar data gathering or extraction methods; and

(e) use our Services and Our Content other than for their intended purposes.

Any use of our Services and Our Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

• Termination; Cancellation.

Khakibear Studio may change the Services, and Our Content at any time. Khakibear Studio may discontinue offering our Services, and Khakibear Studio may suspend or terminate your right to use our Services at any time, in the event that you breach this Agreement, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you. All licenses and other rights granted to you by this Agreement will immediately terminate upon termination of your right to use our Services or our termination of the Services. This Agreement will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated or cancelled, respectively.

• Links to Third Parties.

The Services may contain links to websites, applications or other products or services operated by other companies ("Third Party Services"). Khakibear Studio do not endorse, monitor, have any control over or be responsible for these Third Party Services, which may have separate terms of use and privacy policies. Your dealings with any third parties found on or accessible through the Services are solely between you and such third party and at your own risk for which Khakibear Studio shall be have no responsibility. If there is a dispute between you and any such third party, you understand and agree that Khakibear Studio shall be under no obligation to become involved. Your use of Third Party Services is at your own risk, and Khakibear Studio and our affiliates will not be liable for any of losses arising out of or relating to Third Party Services.

• Copyright Complaints.

Khakibear Studio respect your intellectual property rights. If you believe that your intellectual property rights has been infringed by the Services, you may notify us by sending emails to kf@fireflystudios.cn.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.

• Indemnification.

You will indemnify, defend, and hold harmless Our Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

• your access to or use of the Services, or Our Content;
• your violation of any of the provisions of this Agreement;
• any activity related to your registration by you or any other person accessing the Services through your device, including, without limitation, negligent or wrongful conduct;
• your conduct in connection with our Services; or
• your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Khakibear Studio reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

• Limitation of Liability.

IN NO EVENT WILL WE, OUR  LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “OUR PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR OUR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

IF YOU ARE DISSATISFIED WITH THE SERVICES, OUR CONTENT, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OUR PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT YOU PAID US TO ACCESS OR USE THE SERVICES IN THE MOST RECENT THREE-MONTH PERIOD, OR (II) $50.

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

• Governing Law; Venue.

This Agreement and our relationship with you will be governed by the laws of the State of California, excluding its choice of laws rules. You and Khakibear Studio each irrevocably agrees that any Dispute between the parties shall be resolved on an individual basis exclusively in the U.S. District Court for the Northern District of California, or the state courts located in Santa Clara County, California. You and Khakibear Studio each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Khakibear Studio agree that Khakibear Studio may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

• General Terms.

Severability: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Waiver: A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Independent Contractor: You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of the Services.

Entire Agreement: This Agreement (including the Apple Device Additional Terms which apply to users of our iOS App) constitutes the entire agreement between you and us relating to your access to and use of the Services.

Headings: The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

• Questions and Comments.

If you have other question or suggestion concerning the Services or this Agreement, please contact us via kf@fireflystudios.cn.

APPLE DEVICE ADDITIONAL TERMS

If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby made part of this Agreement:

• Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of this Agreement, then the Apple Device Additional Terms shall control with respect to access and use of the Services via an Apple Device.
• Agreement with Us, Not Apple. You acknowledge that this Agreement is an agreement between we and you, and not with Apple. We, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. If this Agreement is less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.
• Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
• Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If we decide (in our sole discretion) to provide support and maintenance services for an iOS App, we are solely responsible for providing such services.
• Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by us in this Agreement, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is our sole responsibility. Notwithstanding the foregoing, we are not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in this Agreement.
• Product Claims. You hereby acknowledge that we, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in this Agreement, this Agreement will not limit our liability beyond what is permitted by applicable law.
• Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that an iOS or your possession and use (in accordance with this Agreement) of an iOS App infringes that third party’s intellectual property rights, we, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement with respect to any iOS App, and that, upon your acceptance of this Agreement, Apple has the right (and deemed to have accepted the right) to enforce this Agreement against you with respect to the iOS App as a third-party beneficiary thereof.
• Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to us at the contact information herein.