Ninja Kiwi Ltd Terms of Service

Last Updated: February 3rd, 2017

These Terms of Service govern your access to and use of the Application and/or Ninja Kiwi Login, including any content, information, products, related communications, or related Services. This is a legal agreement between you and Ninja Kiwi Ltd. (“Ninja Kiwi”) and applies to you in relation to any interaction with the Application, Ninja Kiwi Login, Services, or any related communications. Your access and use of the Application, Ninja Kiwi Login, or Services or participation in related communications constitutes acceptance of these Terms of Service and agreement to the collection, storage, review, and use of your information. If you do not accept these Terms of Service and our Privacy Policy in their entirety, you may not access, engage, or in any way use the Application, Ninja Kiwi Login, or any related Services. Ninja Kiwi reserves the right at any time to modify, discontinue, or terminate the Application, Ninja Kiwi Login, or Services, or modify these Terms of Service or the Privacy Policy at its sole discretion; when these Terms of Service or the Privacy Policy are updated they will be posted here and updated to the Ninja Kiwi blog and social channels (https://www.facebook.com/ninjakiwigames/ and https://twitter.com/ninjakiwigames).

Eligibility and Use

Your access and use of the Application, Ninja Kiwi Login, Services, or Application-related communications verifies the following:

a. If you are under the age of 18, your parent or legal guardian has reviewed and agreed to these Terms of Service;

b. For Ninja Kiwi Login, if you are under 13, in order to comply with the Children’s Online Privacy Protection Act (COPPA) and EU standards, you must enter your parent’s or guardian’s email address, or use a parent or guardian’s Facebook or Google account login;

c. For Ninja Kiwi Facebook Applications, you verify that you are age 13 or older, and you will prevent anyone under the age of 13 from using your Account;

d. For Ninja Kiwi website forums, you verify that you are age 13 or older, and you will prevent anyone under the age of 13 from using your Account;

e. For the Battle for the Galaxy mobile and web game, children under 13 are not permitted to play because the clan system features open chat, and by use of Battle for the Galaxy you represent that you are age 13 or older;

f. You shall use the Application, Ninja Kiwi Login, or Services only for non-commercial purposes, and you shall not solicit services, advertise, or send repetitive or spam messages or email;

g. If you access the Application, Ninja Kiwi Login, or Services from a social networking site or any other website you will comply with the terms of service of that site along with these Terms of Service;

h. You may not enter, submit, or upload user generated content (including but not limited to Ninja Kiwi Login usernames, forum posts, blog posts, chat, character or other in-game names, game editor content, or any video or streamed content where a core visual or topical content is Ninja Kiwi or its games) that is defamatory, harassing, threatening, bullying, bigoted, hateful, violent, obscene, pornographic, or that harms or can reasonably be expected to harm any person or property, and you understand that any such activity will lead to suspension of our Ninja Kiwi Account;

i. You shall not use the Application, Ninja Kiwi Login, or Services to engage in any illegal activity;

j. You are responsible for safeguarding and maintaining the confidentiality of your Account information, you will not disclose that information, and you will not disclose personally identifiable information unless as part of the setup of your Ninja Kiwi Login account or via Facebook permissions. You shall not share personally identifiable information or account information with other players or community members. You agree that you are entirely and solely responsible for all access and use of your Account, whether or not you authorized it and whether or not you were aware of it. Please review our Privacy Policy for more information about our collection and limited use of personally and non-personally identifiable information

k. You shall not share, copy, gift, trade, barter, sell, or in any other way exchange your Ninja Kiwi Login or game data with any other person or entity.

Limited License; Content; Ownership

Subject to your agreement to and compliance with these Terms of Service, Ninja Kiwi grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access, play, and otherwise use the Ninja Kiwi Applications and Services provided such access, play, and use is for your own entertainment and not for commercial purposes.

Except where otherwise noted, the Application, Ninja Kiwi Login, Services, related communications, and all content including but not limited to graphics, audio, text, user interface, characters, animations, buttons, icons, thumbnails, reward systems, quest systems, downloads, game data, and game design are the property of Ninja Kiwi and are protected by United States, New Zealand, and international copyright, trademark, and intellectual property laws. You may access, engage, and use the Application, Ninja Kiwi Login, or Services as they are presented to you and in accordance with these Terms of Service. Without express written consent from Ninja Kiwi, any attempts to modify, hack, cheat, autoplay, bot, datasniff, data capture, interfere with, disrupt, reproduce, frame, copy, post, sell, scrape, transmit, publicly display, publicly perform, or create related or derivative works is expressly prohibited and immediately terminates the limited license granted; any attempts to promote such usage through video, stream, social network, public display, digital communications, or any other mass audience channel is expressly prohibited and immediately terminates the limited license granted.

Any and all content including but not limited to bloons, monkeys, buildings, towers, characters, environments, worlds, items, pets, homes, robots, tools, weapons, powers, powerups, upgrades, equipment, display areas, virtual currency, or any other virtual items or organized display or use of any such items remains the sole and exclusive property of Ninja Kiwi. No amount of customization, stat changes, item changes, configuration, leveling up, decorating, or in any other way modifying game elements through use of the Application, Ninja Kiwi Login, or Services conveys any ownership or alteration of limited license to use; all elements remain the sole and exclusive property of Ninja Kiwi.

Ninja Kiwi reserves the right at its sole discretion and without notice to make changes, modifications, additions, deletions, copies, or any other alterations and edits to any and all content elements, including but limited to appearance, animation, statistics, behavior, performance, cost, or in-game value. Ninja Kiwi reserve the right at its sole discretion and without notice to delete, suspend, or modify any item, feature, account or the entire Application, Ninja Kiwi Login, or Services. In the event that access to the Application, Ninja Kiwi Login, or Services is terminated, all virtual items, virtual currency, and user’s game progress is forfeited and you will not receive any compensation, monetary or otherwise, for any of these elements forfeited. Any suspension or termination of your access to the Application, Ninja Kiwi Login, or Services will not waive or diminish your obligations under these Terms of Service (including but not limited to ownership, indemnification, and limitation of liability).

Virtual Currency and Premium Items

Through use of the Application, Ninja Kiwi Login, or Services you may accumulate virtual currency and virtual items whose sole use is within the Application, Ninja Kiwi Login, or Services where they were obtained. Ninja Kiwi may engage a third party service to allow purchase of virtual currency with real world currency, and Ninja Kiwi reserves the right to enable or disable any in-game acquisition of or real world purchase of virtual currency. Ninja Kiwi reserves the right at its sole discretion and without notice to change the rate of exchange for in-game or purchased virtual currency or the cost of any in-game item. Use of the third party service for purchase of virtual currency is governed by the terms of use of that service and any issues with that transaction are to be resolved with that third party service according to their support procedures.

You understand and acknowledge that Ninja Kiwi is not required to provide a refund for any currency or other item for any reason. Further, you understand and acknowledge that you will receive no money or other compensation for unused virtual currency, premium items, or any other game resources when an account is closed, when an Application or Service is under maintenance, offline, closed, or otherwise unavailable, or when your data has been lost, corrupted, deleted, or otherwise made unavailable. Ninja Kiwi reserves the right at its sole discretion and without notice to remove, suspend, or close any Application or Service without any compensation to you.

If you are under 18 years of age, you may purchase virtual currency only with the supervision and authorization of a parent or guardian. We encourage all players, regardless of age, to understand their device settings and limit or restrict in-app purchasing on their device if they do not wish to engage with in-app purchase features. Additional information on restricting in-app purchases is available here:

https://support.google.com/googleplay/answer/1626831?hl=en-GB

http://www.amazon.com/gp/help/customer/display.html?nodeId=201112050

http://support.apple.com/kb/ht4009

http://www.amazon.com/gp/help/customer/display.html?nodeId=201357730

http://bookclubs.barnesandnoble.com/t5/NOOK-Talk/Nook-HD-Parental-Controls-amp-Profiles-Details/td-p/1403448

Virtual currency and items are non-transferrable to any other Application, Service, website, or anywhere else. Virtual currency, virtual items, and player progress are not redeemable for any monetary value from Ninja Kiwi, any third party service, or any other entity. You agree not to sell, exchange, or attempt to transfer virtual currency, virtual items, or player progress, and any such actions will not be tolerated by Ninja Kiwi and will forfeit your Ninja Kiwi Account access.

Whether you obtained virtual currency and virtual items through use of the Application, Ninja Kiwi Login, and Services, by purchase via a third party service, or by interacting with advertisements, you have no right or title to any virtual currency, virtual items, or any other game assets.

You agree to pay all fees and related taxes incurred by you or anyone using an account that is registered to you. You agree to pay all internet, carrier, device, power, repair, replacement, data, and any other fees and related taxes related to the operation of any equipment or devices required to access any Application or Service.

Bloons TD 5 Deluxe Terms of Sale

The downloadable PC desktop Application, “Bloons TD 5 Deluxe,” is no longer for sale but these Terms still apply for players of the game. There are no physical goods comprising or associated with the Bloons TD 5 Deluxe Application. Customers must have access to the internet to download and to validate their serial key and complete the installation; customers are solely responsible for their internet access and any related fees. The Bloons TD 5 Deluxe Application may only be used according to the Ninja Kiwi End User License Agreement that must be accepted during the installation process.

Third Party Links

The Application and Services may link to or rely on third party websites or resources. Ninja Kiwi is not responsible or liable for the availability or accuracy of such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Electronic Communications; User Submissions

You consent to receive critical communications from Ninja Kiwi electronically, and any such communications be they chat, IM, blog, forum, email, or via social networking services satisfy any requirements for notification in writing. For clarity, promotional emails will include unsubscribe options; you may opt-out of these non-critical communications.

Ninja Kiwi does not accept concepts, ideas, feature requests, game designs, or any other creative ideas, together known as “Submissions”, for the Application, Ninja Kiwi Login, and/or Services or any other Ninja Kiwi game or property. Regardless, if you do make any Submissions by any means, oral or written, in any format including but not limited to blogs, forums, emails, letters, videos, or social networking posts and comments, you acknowledge that you understand that Ninja Kiwi is in the business of making games and is constantly creating game ideas, features, concepts, technologies, designs, mechanics, and all other elements for Applications or Services and likely has ideas that are similar to or identical to your Submissions. In addition, you acknowledge that you will receive no compensation or credit and that your Submission is not confidential. By communicating the Submission, you warrant that you are the originator of the idea and that it does not infringe on the rights of any other person or entity, and you grant Ninja Kiwi a worldwide, royalty-free, non-exclusive perpetual right and license to use, modify, translate, publish, perform, produce derivative works, and in any other way manifest the Submission without any liability.

Ninja Kiwi Competitions

By submitting an entry for any competition run by, or in association with Ninja Kiwi, you fully and unconditionally agree to and accept these additional rules, terms, and conditions:

a) You grant Ninja Kiwi a royalty-free license to use, reproduce, modify, publicly display, perform, produce derivative works of, or otherwise use any entry in any and all media, whether now known or hereafter existing, throughout the world for any and all purposes without compensation to you of any kind.

b) You represent and warrant that your entry does not infringe on any copyright, trademark, property rights, or any other rights of any third party and that you have the have the right to transfer the entry to Ninja Kiwi free of any claims. Ninja Kiwi shall have no liability for any alleged or actual infringement of a third-party's rights in connection with any entry.

c) You agree that you have not or will not receive any compensation or other consideration for your entry. Ninja Kiwi may in its sole discretion and without notice choose to award fan merchandise, including but not limited to t-shirts, stickers, badges, mouse pads, and virtual currency. All such items have no cash value and are purely for promotional purposes. Ninja Kiwi is under no obligation to award any fan merchandise regardless of the number or types of entries.

d) You further agree to release and hold harmless Ninja Kiwi and its licensors, distributors, agents, shareholders, directors, officers, employees and representatives from and against any and all losses, damages, rights, claims, and actions of any kind arising in connection with your participation in the contest, including, not limited to, claims based on publicity rights, defamation, or invasion of privacy. All federal, state, local, provincial and municipal laws and regulations apply. Void where prohibited by law.

Disclaimer of Warranties

The Application, Ninja Kiwi Login, and/or Services are for use “as available” and “as is” and without any warranty, regardless of the amount of time and/or money you have spent on the Application, Ninja Kiwi Login, and/or Services. Use of the Application, Ninja Kiwi Login, and/or Services are at your sole risk and sole discretion, and you are solely responsible for any damage to your computer system or smart device, for any device performance issues, and for any loss of data. Ninja Kiwi disclaims any warranty express or implied regarding title, merchantability, availability, fitness, freedom from errors, error correction, and timeliness of communication or error correction. Ninja Kiwi does not warrant that the Application, Ninja Kiwi Login, and Services are bug free, error free, or virus free. You are solely responsible for how you spend your time and money. No communication whether written or oral shall supercede this disclaimer of warranties.

Limitation of Liability; Indemnification; Force Majeure

In no event will Ninja Kiwi, its directors, or its employees be liable for any damages whatsoever and without limitation, whether they be direct, indirect, punitive, commercial, intangible, or of any other type, arising from the use of the Application, Ninja Kiwi Login, or Services, regardless of whether the damages are foreseeable, even if Ninja Kiwi, its directors, and/or its employees have been advised of the possibility of such damages. To the extent that the above limitation applied to its fullest extent in applicable jurisdiction assigns liability, that cumulative liability shall not exceed US$10.

You agree to indemnify and hold harmless Ninja Kiwi, its directors, employees, partners, and service partners from any claim and demand, including any attorney’s fees, made by any party due to your use of the Application, Ninja Kiwi Login, or Services, your violation of these Terms of Service , or your violation of applicable law or the rights of another party.

Ninja Kiwi shall not be liable for any damages, disruptions, or claims related to its Application, Ninja Kiwi Login, or Services that arise from acts of nature, weather, war, social upheaval, economic upheaval, unavailability of utilities or resources, terrorism, the public enemy, any government or public authorities requirements, or any other event outside of Ninja Kiwi’s control.

General

These Terms of Service shall be governed by and interpreted in accordance with the laws of New Zealand. Any legal action or proceeding will be brought exclusively in courts located in Auckland, New Zealand and you consent to this jurisdiction. If any provision in these Terms of Service is held to be invalid, the remaining provisions shall survive in full effect. These Terms of Service are personal to you and imply no partnership, employment, or any other business relationship between you and Ninja Kiwi, and you may not transfer, assign, or delegate these Terms of Service to any other party. No delay, failure to communicate, or failure to take action in relation to any of these Terms of Service shall invalidate any provision of these Terms of Service.

Contact

You may address comments or questions to the following email address: [email protected]