Last updated August 31, 2018
GAMING & CONDUCT RULES
The Services are provided based on community, fairness, integrity and fun so please follow the rules and have fun! This section of the Terms sets out the rules around creating accounts, in-game features, and prohibited behaviour.
Eligibility. Use of the Service is subject to your continued compliance with these Terms. The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you have reached the age of “majority” where you live and agree to be bound by these Terms, or, if you are still considered a minor, that you are at least 13 or older and have a parent’s or guardian’s permission to access and use the Service.
User Accounts. When you create an account, you agree: not to provide inaccurate, misleading or false information about yourself; to update your information as needed so that it remains accurate; not to share your account information (including your password and username) with third parties; that you are responsible for all activity on your account, including its security, any purchases made under your account will be your responsibility, whether or not authorized by you; to notify us immediately if you believe that your User Account has been accessed without your authorization, or if you believe there has been some other breach of the security of the Service. We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory. We have the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Service due your violation of the Terms, or for any other reason. We reserve the right to remove any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. Each user is limited to a single account per platform or device although we recommend that you maintain a single account across all platforms. If you choose to disregard this advice and maintain multiple accounts across different devices, none of your accounts may interact with one another in any way. If they are found to have interacted, one or more of the accounts may be banned, reset, or otherwise penalized.
Fees and Purchases. Certain features of the Service may be subject to a fee. You may be required to pay for certain services, including through an exchange for virtual currency, or a purchase of certain virtual, in-game items, upgrades or participation in certain Game activities. Any applicable fees are displayed on the Service in connection with the respective feature of the Service. We do not warrant that feature specification, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your payment method prior to our cancellation, we will issue a credit to you in the amount of the charge. We may, from time to time, modify, amend, or supplement our fees and billing methods, and post those changes in these Terms or elsewhere on the Service.
Your License to Virtual Items. In particular, Shikudo may license to you virtual, game currency or certain virtual goods such as in-game items (collectively, “Virtual Items”) on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for personal, non-commercial use. You may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Items from Shikudo using actual monetary instruments or using virtual currency if you are a legal adult in your country of residence. Any Virtual Items are licensed, not sold to you. Virtual Items (including game currency) may never be redeemed for actual monetary instruments, goods or other items of monetary value from Shikudo or any other party. Unless expressly authorized in the Service, you agree not to sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to another user or any third party.
Payments; No Refunds. Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of our mobile Applications is limited to the relevant device and/or operating system you are using at the time you purchase a license to use the Applications.
You may pay using the methods available for the particular services, which may include credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Service using your provided payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen.
We may manage, regulate, modify, control or eliminate Virtual Items at any time in our sole discretion, with or without notice. If we exercise such rights, we will have no liability to you or any third party. Please note that Virtual Items are not transferable and that we are not responsible for any Virtual Items that are lost, damaged, deleted or otherwise used inappropriately, or for game play interruptions or premature game termination, regardless of cause, that result in Virtual Items being spent.
Provision of Virtual Items is a service that Shikudo offers to you as a part of the Service. By paying the applicable fees you acknowledge and agree that our provision of the Virtual Items commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.
You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Ali Sports currency, in which case the terms and conditions applicable to such third party virtual currency apply in addition to these Terms.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR LICENSES FOR VIRTUAL ITEMS OR REDEMPTION OF THIRD PARTY VIRTUAL CURRENCY IS ALWAYS FINAL AND NON-REFUNDABLE.
You agree to pay all fees and applicable taxes incurred by you or anyone using your User Account. We reserve the right to change the pricing for the goods and services offered through the Service, including the Virtual Items, at any time. UNLESS PROHIBITED BY LAW, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, REGARDLESS OF WHETHER SUCH TERMINATION OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY.
You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication services, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.
Transfers & Account Sales. Any content (including virtual in-Game currencies and virtual goods) that originated from Game cannot be sold, transferred or redeemed for ‘real world’ money. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Website/Games and possible legal action. All sales of virtual goods and virtual currencies are final and no refunds will be given, except in Shikudo’s sole and absolute discretion. Virtual currency and goods cannot be redeemed for ‘real world’ money. Shikudo has the absolute right to manage, regulate, modify and/or eliminate such virtual currency and/or virtual goods as it sees fit in its sole discretion, and Shikudo shall have no liability to you or anyone for the exercise of such rights. You are responsible for all charges incurred under your account made by you or anyone who accesses your account. All virtual goods and currencies are forfeited if your account is terminated or suspended for any reason.
General Conduct & Prohibited Acts. Particular activities are against our rules and policies. You are not permitted to:
- Use the Games if you are a minor (under the age of 13).
- Select a name for your character that is disrespectful to other users.
- Use Bots, Auto-Clickers, Hacks or Exploits in the Games or engage in any other conduct prohibited in our Rules and Policies.
- Accuse other users of cheating through any communication channels within the Games. This includes the forums, players’ comments wall, player status messages, and chat. If you do suspect another player is cheating and have substantiated evidence, please notify us directly by filling out our contact form.
- Upload, post, email, transmit or otherwise make available: on the Services any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, sexually-explicit, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; any material that infringes any intellectual or other proprietary rights of any party (including privacy and publicity rights); any material that You do not have a right to make available; any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive (e.g. impersonating another user or our staff, or any material that could damage or harm minors in any way; any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Services or that of any users or viewers of the Services or that compromises a user’s privacy.
- Interfere with or disrupt the Services (including any security-related features) or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
- Resell the content of the Services, the use of the Services or access to the Services or the content of the Services.
- Share Shikudo-issued passwords with a third party or encourage another Shikudo user to do so.
- Misrepresent the source, identity, or content of information transmitted via the Services, (such as claiming a created work as your own that is not actually yours).
- Use or encourage others to use the Services for any illegal or inappropriate purpose (such as sharing accounts – all accounts are for one user only).
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.
- Modify the Services for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Services.
- Attempt to circumvent our language filters which are in place to prevent derogatory remarks.
- Engage in any other conduct otherwise prohibited by these Terms.
Action by Shikudo. Any of the prohibited activities set out above may result in the deletion of your post or thread (chat/forum/profile walls) and may result in your account being temporarily or permanently limited, blocked, suspended or terminated, depending on the severity of the violation, or any other sanctions Shikudo deems appropriate.
Availability. Shikudo may alter, suspend, or discontinue the Services at any time and for any reason without notice. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Shikudo may periodically add to or update the information and materials on the Services without notice. Shikudo reserves the right to change and update the Games as and when Shikudo wishes to or deems it necessary.
INTELLECTUAL PROPERTY, OWNERSHIP AND CONTENT RULES
Shikudo values and protects IP. This Section of the Terms sets out details of ownership of information and technology used or provided through the Services.
Copyright and Trademark Information. The Services, and the information and materials that it contains, are the property of Shikudo and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Shikudo product names and logos are trademarks or registered trademarks of Shikudo Co., Ltd. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any materials displayed on the Services through the use of framing or otherwise, except with the prior written permission of Shikudo.
Feedback & Suggestions. If You provide Shikudo with any suggestions, comments or other feedback (“Feedback”), Shikudo may use such Feedback in the Services or in any other Shikudo products or services. Accordingly, You agree that: (a) Shikudo is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Shikudo, (c) Shikudo (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Shikudo or any of the other users of the Services.
Content. All information, data, messages or other materials, whether publicly posted or privately transmitted to the Services, is the sole responsibility of such viewers or users. Shikudo does not control such content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable.
Partner Terms of Service. Shikudo abides by the terms of service of our platform partners including, but not limited to, Facebook, Apple, Google, and Android. You have read and acknowledge that you abide by the terms of service for the respective platform partner through which you are accessing our Services. Please be aware of their terms and do not violate them as it may result in a ban.
LIABILITY AND RISK TERMS
In order to make the Services available to you, Shikudo must limit its liability as set out in these Terms.
Release. Because Shikudo does not supervise or control the interactions among or between members of Shikudo and other persons or companies, and because Shikudo does not control credit card companies or other payment processing companies, and because Shikudo cannot guarantee the true identity or age of users of the Services, and because Shikudo has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Services you agree that you bear all risk and you agree to release Shikudo (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages arising out of or in any way connected with your use of the Services or any third party transactions. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS.” Shikudo DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE SERVICES ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Shikudo SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Shikudo DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES OR IN RESPECT TO ANY SERVICES THAT CAN BE REACHED FROM A LINK ON THE SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SERVICES, AND Shikudo SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Shikudo SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE SERVICES OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SERVICES, (IV) PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF Shikudo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD Shikudo AND ITS AFFILIATES, OFFICERS, AGENTS, PLATFORM PARTNERS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
This section sets out other useful information and legal terms you should be aware of when using the Services.
Links to Third-Party Services. The Services may contain links to other Services that are not owned or controlled by Shikudo. Shikudo is not responsible for the content of any linked Services. Any third-party Services, or services accessed from the Services, are subject to the terms and conditions of those Services, and You are responsible for determining those terms and conditions and complying with them.
Termination. Shikudo may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or any other agreement that You may have with Shikudo (including, without limitation, non-payment of any fees owed in connection with the Services), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Services may also include removal of some or all of the materials uploaded by You to the Services. You acknowledge and agree that all terminations may be made by Shikudo in its sole discretion and that Shikudo shall not be liable to You or any third-party for any termination of Your access to the Services or for the In the event that your account is terminated or cancelled by you or by Shikudo, no refund will be granted and you will no longer have access to Site Content. Any termination of these Terms by Shikudo shall be in addition to any and all other rights and remedies that Shikudo may have.
Security. Information sent or received over the Internet is generally not secure and Shikudo cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
Enforceability. If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Shikudo to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Shikudo must be in writing and shall only apply to the specific instance identified in such writing.
Disputes. You agree that any action at law or in equity arising out of, or relating to, these Terms or Shikudo will be filed only in the provincial court of Ontario or in the Federal courts, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Shikudo does not get involved in player-to-player disputes. Our focus is to make the game as fair and balanced as possible and we are committed to doing this on an ongoing basis
Updates. Shikudo reserves the right, at any time, to modify, suspend, or discontinue the Services, the Services content, or any part thereof with or without notice. You agree that Shikudo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Services content.
Should you have any questions or concerns regarding these Terms, please contact us through our website at www.shikudo.com.