Terms of Service

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don't agree to these Terms and our Privacy Policy, do not use the Services.

IMPORTANT: Please review the arbitration agreement set forth below carefully, as it will require you to resolve disputes with us on an individual basis through final and binding arbitration. By entering this agreement, you expressly acknowledge that you have read and understand all of the terms and have taken time to consider the consequences of this important decision.

2. Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications via the Services. If you continue to use the Services after we have posted modified Terms, you indicate to us that you agree to be bound by the modified Terms. Because our Services are evolving over time, we may change or discontinue all or any part of the Services at any time and without notice.

3. Who May Use the Services

3.1 Eligibility. You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.

3.2 Registration and Your Information. It's important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information as needed. You agree that you won't disclose your account password to anyone and you'll notify us immediately of any unauthorized use of your account.

4. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from you, your computer and your mobile device. If you don't agree with the Privacy Policy, then you must stop using our Services.

5. Content and Content Rights

For purposes of these Terms: (i) Content means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) User Content means any Content that account holders (including you) provide to be made available through the Services.

5.1 Content Ownership, Responsibility and Removal. We do not claim any ownership rights in any User Content. We and our licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark or other proprietary rights notices.

5.2 Rights in User Content Granted by You. By making any User Content available through the Services, you grant to us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services.

5.3 Rights in Content Granted by Us. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

6. Rights and Terms for Apps

6.1 Rights in App Granted by Us. Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy, modify, distribute, reverse engineer, decompile or disassemble the App, except as expressly permitted in these Terms.

7. General Prohibitions and Our Enforcement Rights

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that infringes, misappropriates or violates a third party's intellectual property rights, or is fraudulent, false, misleading, defamatory, obscene, violent, threatening, or promotes illegal or harmful activities.
• Use, display, mirror or frame the Services or any individual element within the Services, our name, trademarks, logo or other proprietary information without our express written consent.
• Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers.
• Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures.
• Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism other than generally available third-party web browsers.
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party in any manner not permitted by these Terms.
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.
• Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services.
• Collect or store any personally identifiable information from the Services from other users without their express permission.
• Impersonate or misrepresent your affiliation with any person or entity, or violate any applicable law or regulation.

We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, if we consider any Content to be objectionable or in violation of these Terms.

8. DMCA / Copyright Policy

Kunifish Game respects copyright law and expects its users to do the same. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Services in a way that may constitute copyright infringement, you may provide notice of your claim to our Designated Agent below. For your notice to be effective, it must include: (i) a signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) a description of the copyrighted work; (iii) a description of where the material is located within the Services; (iv) information reasonably sufficient to permit us to contact you; (v) a statement of your good-faith belief that the disputed use is not authorized; and (vi) a statement that the information in the notification is accurate.

Our Designated Agent is:
Kunifish Game, Office No.6, 12/F, Wealth Commercial Centre, 48 Kwong Wa Street, Kowloon, Hong Kong

9. Payment Terms

9.1 In-App Purchases. Kunifish Game may license to you certain virtual goods to be used within the Apps (Virtual Items). When you obtain such Virtual Items, you receive a limited, personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable App and solely for non-commercial use.

Virtual Items have no monetary value and are not currency or property. Virtual Items cannot be sold, traded, transferred, or exchanged for cash. Unless otherwise required by law, all purchases and redemptions of Virtual Items made through the App or Services are final and non-refundable.

If you request your personal data to be erased as specified in our Privacy Policy, you will permanently and without a right to a refund lose all of your Virtual Items.

9.2 Subscriptions. Some of our Apps may offer subscription-based services. If you purchase a subscription, by clicking the purchase button you are requesting that we begin supplying the subscription services immediately and you are entering into a recurring subscription contract. Your subscription will automatically renew each subscription period unless and until you terminate it. You may manage and cancel your subscription at any time in your account settings on your device. Except where required by applicable law, paid subscription fees are non-refundable.

10. Links to Third Party Websites or Resources

The Services and Apps may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources.

11. Apple

If you use the Services on an Apple device, then you agree and acknowledge that Apple, Inc. bears no duties or obligations to you under these Terms, and that you waive any and all rights and causes of action against Apple with respect to the Services or these Terms. Apple and Apple's subsidiaries are third party beneficiaries of these Terms.

Export Control. You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

13. Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

14. Indemnity

You will indemnify us and hold us harmless, including our affiliated entities and their officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

15. Limitation of Liability

NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES OR CONTENT, OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US.

16. Time Limitation on Claims

You agree that any claim you may have arising out of or relating to your relationship with us must be filed within one year after such claim arose; otherwise your claim is permanently barred.

17. Governing Law and Venue

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its choice of law or conflict of law principles. You and we agree to the jurisdiction of the courts in San Francisco, California to resolve any dispute that relates to or arises in connection with the Services and is not subject to mandatory arbitration as set forth below.

18. Dispute Resolution

If you are having a problem with a Service, many issues can be resolved by contacting our support team. Before bringing a formal legal case, first contact our support team via the App to address your issue. Most disputes can be resolved that way.

19. Arbitration Agreement

This Arbitration Agreement applies only to users in the United States. You and we agree that any dispute, claim or controversy arising out of or relating to these Terms will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights. You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

20. General Terms

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services and Content. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect. You may not assign or transfer these Terms without our prior written consent. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

21. Contact Information

If you have any questions about these Terms or the Services, please contact us at support@kunifish.com.