1.0 Product Description
The Kash Karnival is a mobile skill arcade gaming app where players are allowed to bet on their skills in a variety of skill casual and arcade mobile games to win real cash and real item prizes. There are also a variety of lotteries, lucky draws and spin wheels where players can win points, virtual currencies, real cash and real item prizes.
2.1 Governing Agreement
The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Royal Wins (hereinafter “Royal Wins” or “Us” or “We”) regarding your use of Kash Karnival and related services, which include applications for mobile devices and Kash Karnival branded websites (the “Service”). In this agreement, “Royal Wins” means Royal Wins Pty Ltd located at Suite 1.08 Level 1, 20a Danks St, Waterloo, NSW 2017, Australia. “Royal Wins” includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership
This website, its contents, apps, and all related content of Kash Karnival are subject to international copyright laws. The copyright is owned by Royal Wins; or in the case of some materials, third parties. You understand that your use of the Kash Karnival and all other related products, services and applications is entirely at your own risk and comes without warranties or guarantees of any kind. You are using our service on an “as is” basis, which essentially means that “what you see is what you get”. By using our products, you are telling us that you have both the authority to use it, and that you agree to abide by all of its terms and conditions.
2.5 Grant of a limited license to Use of Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Royal Wins policies, such as the Forum Rules, Kash Out Policies or Real Item Redemption (Kash Store) Terms, Kash Karnival grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 2.6 – 2.11 to access and use the Service using a Kash Karnival supported web browser (such as Google Chrome, Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
2.6 Accessing the Service
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
YOU MUST BE AGE 18 OR OLDER TO USE THIS SITE AND PRODUCTS. If you are under the age of 18 years you must not register or use any of our products under any circumstance. You represent, acknowledge and agree that you are of legal age to use this site, and that you agree to these terms. If you have a question about this site or these terms, please contact us by sending an email to the Administrator at firstname.lastname@example.org.
2.8 Use of the Service
The following restrictions apply to the use of the Service:
- You shall not create an Account or access the Service if you are under the age of 18;
- You shall monitor your Account to restrict use by minors, and you will deny access to children or users under the age of 18. You accept full responsibility for any unauthorised use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors and users below the legal age;
- You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not create an Account or use the Service if you are a convicted sex offender;
- You shall not have an Account or use the Service if you have previously been removed by Royal Wins or the Kash Karnival or previously been banned from playing any Kash Karnival game;
- You shall use your Account only for non-commercial purposes;
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
- You shall not use your Account to engage in any illegal conduct;
- You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Kash Karnival’s written permission;
- If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
- Playing the Kash Karnival with a mobile device that is “jailbroken” or “rooted” or in any way modified outside its factory intended use is forbidden. Accounts found to be in breach of this condition will forfeit any winnings and/or Kash Store purchases and may be suspended or cancelled.
- If you play on a version of the game that has bugs or glitches, you forfeit all wins and losses and all balances are reverted to former values.
2.9 Account Information
You understand that your Kash Karnival account or SNS user ID number, name and profile picture may be publicly available and that search engines may index your name and profile photo.
2.10 Username and Password
During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:
- You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardise the security of your Account;
- In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorised disclosure of the Login Information, you must immediately notify Kash Karnival and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorised by you;
- You must never use your Account for any illegal activity or any activity that is not allowed, permitted or condoned by the Kash Karnival and Royal Wins; and
- You are responsible for anything that happens through your Account.
Kash Karnival reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
2.11 License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 2.5, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY KASH KARNIVAL GAME IS A VIOLATION OF KASH KARNIVAL POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
- Engage in any act that Kash Karnival deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- Make improper use of Kash Karnival’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel;
- Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
CHEATING AND HACKING – You agree that you will not, under any circumstances:
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or any Kash Karnival game experience, feature, mechanics or service;
- Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorised third party software designed to modify or interfere with the Service or any Kash Karnival game experience, feature, mechanics or service;
- Without Kash Karnival’s express written consent, modify or cause to be modified any files that are a part of the Service;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Kash Karnival game environment (each a “Server”); or (2) the enjoyment of the Service or any Kash Karnival game by any other person;
- Institute, assist or become involved in any type of attack, including without limitation, distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
- Attempt to gain unauthorised access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Kash Karnival, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
OFFENSIVE OR INFRINGING CONTENT – You agree that you will not, under any circumstances:
- Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Royal Wins or Kash Karnival employees, including Kash Karnival’s customer service representatives; or
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Kash Karnival employee;
COMMERCIAL ACTIVITY – You agree that you will not, under any circumstances:
- Without Royal Wins’ express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any unauthorised commercial advertisement or solicitation, (2) buying or selling virtual currencies or virtual items outside of the approved Kash Karnival system and website, or (3) gathering or transferring Virtual Items for sale outside of the approved Kash Karnival system and website;
- Use the Service or any part thereof for performing in-game services, such as power-levelling, cash-out virtual currencies or item collection services, in exchange for payment outside the Service;
- Profiteering from the Kash Karnival, its currency, economy or items in such a way that avoids paying for goods and services or simply alters the framework of the Kash Karnival; or
- Transmit unauthorised communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – You agree that you will not, under any circumstances:
- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
- Use any unauthorised third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Kash Karnival game characters, user accounts, elements, financial data, accounts or environments. Royal Wins may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyser, packet sniffer or other device;
- Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorised connection to the Service, including without limitation (1) any connection to any unauthorised server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Royal Wins or Kash Karnival;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Royal Wins or Kash Karnival; or
- Copy, modify or distribute rights or content from any Kash Karnival site or game, or Royal Wins’ copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION – You agree that you will not, under any circumstances:
- Solicit or attempt to solicit personal information from other users of the Service;
- Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
- Upload or transmit or attempt to upload or transmit, without Kash Karnival’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
2.12 Suspension and Termination of Account and Services
WITHOUT LIMITING ANY OTHER REMEDIES, KASH KARNIVAL MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR KASH KARNIVAL SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND KASH KARNIVAL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
The Kash Karnival reserves the exclusive right to determine which and what activity it deems as illegal or infringing and will take the necessary actions. Sever actions may include account suspension, penalties, permanent bans and account deletion. We wish to maintain highest standards of safety, security and transparency at all times – and as a result we will ensure clear communications between the Kash Karnival and the offending user should we discover any suspicious behaviour in order to conduct appropriate investigations before we take final drastic action.
Kash Karnival reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Kash Karnival shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
3.0 Games and Service
The Service (including without limitation any games, titles, computer code, themes, objects, characters, virtual assets, virtual items, virtual currencies, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Kash Karnival game client, and Kash Karnival servers and software) are copyrighted works owned by Royal Wins Pty Ltd. Royal Wins reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service. A valid license of the Service may permit you to earn, purchase and redeem virtual currency for real money – however you do not actually physically own the currency or related virtual assets or properties associated with your Kash Karnival account. Any monies paid for virtual currency or items are in fact payment for the Service and access to the Kash Karnival Hub and Games.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF KASH KARNIVAL. GENERALLY, KASH KARNIVAL ACCOUNTS CREATED WITH KASH KARNIVAL WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
4.1 Guest Accounts
Players have the option to log in and play Kash Karnival Lite with a guest account. As a guest, players can obtain Kash Coins and play any and all games within the Kash Karnival. However, Guests are not permitted to Kash Out, redeem Kash Rewards for real items and prizes and participate in any Kash Karnival promotions. Guest accounts can be converted into a full registered account at any time. Guest accounts have the following limitations and restrictions that may change from time to time at the discretion of the Kash Karnival:
- Kash Coins: Guests will not be able to purchase Kash Coins.
- Kash Rewards: Guests cannot earn Kash Rewards.
- The Kash Store: Guests will not be permitted to redeem real items from the Kash Store
- Promos: Guests cannot partake in any Kash Karnival promos
- Logging in Via Multiple Devices: Guest accounts are limited to one device
- Converting to A Registered Account: Your Kash Coin balance will carry over into your registered account up to a maximum value of 10,000 Kash Coins.
- Multiple Guest Accounts: if you have more than one guest account across different devices, only one may be converted and merged into a registered account. (Registered users are only permitted one account as per Section 2.8)
5.0 Wagering Requirements
We may decide on occasion to award bonus Kash Coins for promotions or offers. These bonus Kash Coins may be subject to Wagering Requirements, which will be mentioned when the Kash Coins are distributed. Wagering Requirements dictate the necessity for the value of the supplied bonus Kash Coins to be wagered in-game a set amount of times before they may be traded for Kashout.
Different games will have different contributions to the Wagering Requirement value such that a set percentage of each wager will be contributed towards the Wagering Requirement. E.g. Bingo will have an 80% contribution value meaning that 80% of each wager in Bingo will contribute to the total Wagering Requirement. Of a 100 Kash Coin bet, 80 Kash Coins will be contributed. Wagering Requirements are governed by the following rules:
To qualify for any Kash Coin bonuses you must be a member of the Kash Karnival and have agreed to the Terms and Conditions.
Any bonuses issued as a purchase bonus are only valid after the purchase has been successfully completed.
The base Wagering Requirement value is 15, unless stated otherwise. This means the value of bonus Kash Coins must be wagered 15 times before Kashout. E.g. 100 bonus Kash Coins cannot be traded for Kashout until 1500 Kash Coins have been wagered.
Game contributions are as follows:
Skill games: 25%
The bonus Kash Coins, or any wins made with, cannot be used for Kashout until the full Wagering Requirement has been met.
If You lose all the bonus Kash Coins, the Wagering Requirement is no longer needed or valid.
The purchase of Kash Coins made before any Wagering Requirement is met will forfeit the bonus Kash Coins and all wins made from them.
6.0 Kash Store
6.1 Using The Kash Store Service
You will have the opportunity to accumulate Kash Rewards by playing the Kash Karnival with Kash Coins or participating in exclusive promotions. Kash Rewards are a virtual in-game rewards system which may be used to redeem items in the Kash Store. In the event that we encounter issues with the game that impacts the accumulation of Kash Rewards and/or the redemption of Rewards, we reserve the right to correct any such errors.
6.2 Accumulating Kash Rewards
You may accumulate Kash Rewards when you wager in-game currency known as Kash Coins or participating in certain exclusive promotions which we may run at our discretion from time to time.
6.3 Using Kash Rewards
You may exchange your accumulated Kash Rewards for items in the Kash Store. You will be asked when redeeming your item to provide your name, phone number, email and delivery address. Kash Rewards are non-transferable. The name you provide must match the name that appears on your Facebook account i.e. the person who has accumulated the Kash Rewards.
6.4 Kash Store Items
All items within the Kash Store will be supplied by third party online retailers. Therefore, all delivery and item tracking will be managed directly by these retailers. The selection and availability of Kash Store items is subject to change without notice and Royal Wins makes no guarantees as to the availability of any item which may be sold out from time to time.
6.5 Delivery Time
Kindly allow for between 8-10 weeks for your Kash Store item to be dispatched. The Kash Store can encounter unexpected delays and items may take longer to arrive. Should you have any queries, kindly direct all requests to admin [at] kashkarnival [dot] com [dot] au.
6.6 Cancellations and Refunds
You may not cancel an ordered item. As a general rule, the Kash Karnival will not issue any refunds whatsoever for items or Kash Rewards that have already been redeemed, except under extraordinary circumstances. In these extraordinary cases, the Kash Karnival will evaluate on a case-by-case basis and may issue refunds in a form that the Kash Karnival deems fit and appropriate. Kash Karnival’s decision is final.
6.7 Item Warranty
Item warranty is at the discretion of the suppliers. If you wish to obtain warranty information you can request it from us within 1 month of receiving your item by email email@example.com.
6.8 Duties and Taxes
Royal Wins or our suppliers will not be responsible for any duties and taxes. All duties and taxes will be borne by the customer.
6.9 International Products
Item delivery is limited to certain countries. Some products are imported directly from internationally based distributors, and therefore may differ in some respects from other similar products available from local retailers in various countries around the world. Power plugs may also vary, or may not be provided at all.
6.10 Phones and Tablets
All phones and tablets are network unlocked.
6.11 Redemptions Are Gifts
The Kash Karnival offers these item redemptions as gifts and rewards for the players and as such they are not owed or guaranteed. Kash Karnival reserves the right to change, delay or cancel any order or item redeemed should the redemption be a result of incorrect game behaviour or bugs, or a breach of the Terms of Service including player fraud, cheating, manipulation of client, server of game codes, deception, hacking or any other suspicious or illegal activity that the Kash Karnival deems as a breach of its Terms of Service.
6.12 Unavailable Items
In instances where an item has been redeemed that is no longer available, or simply cannot be shipped to the requested country, Kash Karnival reserves the right to send an item of similar description and value or cancel the order completely, with or without a refund at Kash Karnival’s discretion.
7.0 Krystals Kash Out
7.1 Using the Krystals Kash Out service
You will have the opportunity to purchase or win Kash Coins which you will be able to use for the redemption of Krystals. The Kash Karnival will buy Krystals at a fixed cost for real money Kashout. The use of this service requires you to be over the age of 18. In the event that we encounter issues with the game that impacts the accumulation of Kash Coins and/or the redemption of Krystals, we reserve the right to correct any such errors.
7.2 Purchasing, Winning and Accumulating Kash Coins
You will be able to purchase Kash Coins within the Kash Karnival to then wager within games. All winnings will accumulate to build your Kash Coin balance.
7.3 Exchanging for Krystals
You may exchange your Kash Coins for Krystals at any time within the Kash Karnival. The procedure is irreversible.
Kash Karnival will purchase Krystals from you at a fixed price. You will be required to fulfil an ID check before you are authorised to Kashout.
7.5 ID Check
Prior to Kashout you will be required to supply 100 points of ID to confirm your identity and age for legal purposes. This step is mandatory and you cannot complete and receive Kashout without it having been completed, reviewed and accepted. You will only need to do this on your first Kashout.
8.0 User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Kash Karnival game client or the Service, or that other users upload or transmit, including without limitation any chat text.
You own your User Content. You hereby grant Kash Karnival and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to Kash Karnival promotions and competitions or any other content specifically solicited by Kash Karnival) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
8.1 Content Screening
You are entirely responsible for all User Content you post or otherwise transmit via the Service. Kash Karnival assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
8.2 Information Use by Other Members of the Service
8.2.1 Public Discourse and Unsolicited Ideas
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Kash Karnival cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Kash Karnival shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that Kash Karnival (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
KASH KARNIVAL IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
8.2.2 Kash Karnival Content
Just about everything you see on the Kash Karnival is created by us and strictly belongs to the Kash Karnival and Royal Wins. It is also up to you to govern your own behaviour when creating pet or character names, pet/character profiles, profile snapshots or photos, character customisations, character actions, items or accessory content or when communicating in the chat windows, forums, or message boards.
To this end, the following content is not allowed on the Kash Karnival or any of our products and applications:
- Anything that exploits children or minors, or anything beyond a first name that reveals personally identifying information about anyone under the age of eighteen;
- Anything that spreads personal information about another individual (including libel, slander, defamation, harassment, or for any other mean-spirited, malicious or illegal purpose);
- Anything which may be considered to be grossly offensive to the online community, including but not limited to blatant expressions of bigotry, prejudice, racism, hatred and profanity (bad language);
- Anything that promotes or provides instructional information about illegal activities;
- Anything depicting cruelty to animals;
- Verified non-competitive or abusive behaviour toward other Kash Karnival community members on any other website.
- Any Trademarked logo that is used without the express permission of the owner.
- You acknowledge that whilst Kash Karnival or Royal Wins does not actively pre-screen or approve content, it does reserve the right to examine any content submitted to it at any time. ROYAL WINS and Kash Karnival also maintains the absolute right (but not the obligation) to refuse, delete, or remove any content, or to move any content from “public” to “private” status for any reason or no reason, at any time, with or without notice.
8.2.3 Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorised, impermissible or otherwise violate these Terms of Service, and Kash Karnival assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any “Report Abuse” link provided or contact us at Customer Support.
Kash Karnival may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Kash Karnival may violate these Terms of Service. Kash Karnival reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Kash Karnival, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
8.4 User Interactions
8.4.1 Member Disputes
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Kash Karnival games. Kash Karnival reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
9.0 Third Party Advertising
9.1 Third Party Advertisements
9.2 Links to Third Party Sites and Dealings with Advertisers
Kash Karnival may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Kash Karnival makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Kash Karnival and may collect data or solicit personal information from you. Kash Karnival is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Kash Karnival of these linked sites.
10.0 Copyright Notices/Complaints
It is Kash Karnival’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Kash Karnival reserves the right to terminate without notice any User’s access to the Service if that User is determined by Kash Karnival, in its sole discretion, to be a “repeat infringer.” In addition, Kash Karnival accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
11.0 Updates To The Service
You understand that the Service is an evolving one. Kash Karnival may require that you accept updates to the Service and to Kash Karnival’s games you have installed on your computer or mobile device. You acknowledge and agree that Kash Karnival may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Kash Karnival’s Games.
12.0 Disclaimers / Limitations / Waivers / Indemnification
12.1 Disclaimer Of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER ROYAL WINS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “ROYAL WINS PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12.2 Limitations: Waivers Of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE ROYAL WINS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE ROYAL WINS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ROYAL WINS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE ROYAL WINS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID ROYAL WINS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ROYAL WINS ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Kash Karnival IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ROYAL WINS.
You agree to indemnify, save, and hold Kash Karnival, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Kash Karnival reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Kash Karnival, and you agree to cooperate with Kash Karnival’s defence of these claims. Kash Karnival will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
13.0 Dispute Resolution
If a dispute arises between you and Kash Karnival, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Kash Karnival agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a “Claim”) in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
13.2 Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the state laws of New South Wales and federal laws of Australia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Royal Wins must be resolved exclusively by a state or federal courts of Australia except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Australia for the purpose of litigating all such claims or disputes.
13.3 Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
13.4 Improperly Filed Claims
All claims you bring against Royal Wins must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, Royal Wins shall be entitled to recover attorneys’ fees and costs up to $1000, provided that Royal Wins has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
15.0 General Provisions
15.2 Supplemental Policies
Kash Karnival and Royal Wins may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
15.3 Entire Agreement
15.4 Language of the Terms of Service
In the event of a conflict between a translation of the Kash Karnival Policies and the English version, the English version of the Kash Karnival Policies will prevail.
15.5 No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Kash Karnival shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Kash Karnival and/or Royal Wins.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
15.7 Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Kash Karnival are of a unique and irreplaceable nature, the loss of which shall irreparably harm Kash Karnival and which cannot be replaced by monetary damages alone. Accordingly, Kash Karnival shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Kash Karnival game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).
15.8 Force Majeure
Kash Karnival shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kash Karnival, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kash Karnival’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.