YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE SITE.
1. USER ELIGIBILITY.
The Site is provided by Kuma and is available only to people and entities who can form legally binding agreements. If you do not qualify, do not use the Site.
2. LICENSE AND SITE ACCESS.
Kuma grants you a limited, nontransferable, non-sublicensable, revocable worldwide license to access and make use of the Site. You may view and print limited quantities of material from the Site that Kuma has expressly permitted on the Site, as long as the material is used by you for information only, without further copying, and the material is used only for non-commercial purposes. Any rights not expressly granted by this agreement are reserved by Kuma.
3. INTELLECTUAL-PROPERTY OWNERSHIP AND USE.
Any intellectual property associated with the Site, including content and the trademarks, service marks, trade dress, copyrights and patents appearing on the Site or referenced in it, are the sole property of Kuma or other parties. Any rights associated with any intellectual property are retained by its owner, and are protected by applicable law. This agreement expressly prohibits any use of any intellectual property associated with the Site except as specified in Section 2, or as otherwise expressly authorized by Kuma in writing. You acknowledge that Kuma or its third-party licensors, as the case may be, own all right, title and interest, including without limitation, all copyright, trademark, patent, trade secret and all other intellectual-property rights, and any changes, modifications improvements, or corrections to them and derivative works of them in all portions of the Site including, without limitation, the Client Application, all games, all software content, media, text and materials in the games and on the website, all encryption and download technology, and all data or information derived or generated or maintained by Kuma as a result of your interaction with, access to, or use of, the Site. You agree not to alter or remove any copyright or other proprietary rights notice or identification which indicates Kuma's or a third parties ownership of any materials, or insert any copyright or other proprietary rights notice or identification which indicates ownership by any person or entity other than as designated by Kuma.
1. Associated Press ("AP") and other, similar proprietary text, photographic, audio and video material used in connection with the Website and the Kuma Online Service shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither the AP materials, similar materials nor any portion of them, may be stored in a computer except for personal and non-commercial use. Neither AP nor other proprietary party or licensee shall be held liable in any way to you or to any third party or to any other person who may receive information used in connection with the Website or the Kuma Online Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part of them or for any damages arising from any of the foregoing or occasioned thereby.
2.Kuma Game applications contain code and other materials licensed from Nvidia and Valve Corporation.
3.Kuma Game applications use OGG VORBIS software to play music, sounds and speech: The OGG VORBIS software is © 2006, Xiph.Org Foundation. Redistribution and use of the OGG VORBIS software in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. This software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the foundation or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
4.Portions of the Site use Havok™ Physics. ©Copyright 1999-2003 Havok.com Inc. (and its Licensors). All Rights Reserved. See www.havok.com for details.
5.The Site utilizes the Akamai NetSession Interface. The Akamai NetSession Interface is secure client-side networking technology that harnesses the power of your computer to deliver software and media available on the Akamai network, improving the speed, reliability, and efficiency of content downloaded from the Web. Your Akamai NetSession Interface works collectively with other Akamai NetSession Interfaces, along with thousands of Akamai edge servers, and runs as a networking service utilizing a limited amount of your computer's available resources and upload bandwidth. More information about the Akamai NetSession Interface is available www.akamai.com/client/. By agreeing to the terms and conditions of the Kuma Online Service, you are also agreeing to the Akamai License Agreement, available here: Please read the Akamai License Agreement carefully.
6.Dogfights © 2006 A&E Television Networks. Dogfights, the "H" logo and The History Channel are trademarks of A&E Television Networks.
7.The Kill Point © 2007 Spike TV. The Kill Point is a trademark of Spike TV.
8. Games on this site, including KumaWarThree, may use the Path library pathfinding system Copyright © 2008 Angry Ant.
Reuse of the game's audio or visual components (including sound files in wav or ogg formats) is a violation of international copyright and is strictly prohibited.
4. RESTRICTIONS ON USE.
If you are under the age of thirteen (13) years old, you are not authorized to access or to post or transmit messages to any chat room, bulletin board, or other forum and you agree not to do so.
The Site is protected by United States and international law, including copyright and trademark laws. Your license does not include: any right of resale or of commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with the Site. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials and must comply with any applicable end-user license agreements. You may not input or upload onto the Site any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any system, the Site or its contents, or that infringes any intellectual-property rights of Kuma or any third party. Inappropriate inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, pornographic, or otherwise offensive material, or engaging in any kind of harassment activity via the Site or any website linked to it. You are also prohibited from posting or transmitting any material that improperly impersonates any person or entity or falsely states an affiliation with a person or entity, contains false or misleading information or the private information of any other person, or is for commercial purposes, contains advertising or off-topic messages, or for the purpose of spamming. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials posted or transmitted by you.
Kuma reserves the right to disable any unauthorized links or frames and to bar any party from caching, framing or linking to any portion of the Site at any time. If you desire to provide a link from your website to the Site, or to frame it, you must first contact Kuma for written permission via the contact method provided on the Site. Kuma will be under no obligation, however, to permit any link or frame.
5. PRODUCT AND SERVICE INFORMATION.
The Site provides users with information regarding current and upcoming Kuma products and services and promotional offers. Kuma cannot guarantee that any particular product or service or promotional offer displayed on the Site will be available at any time or will ever be made available at all. Certain products or services or promotional offers may, without notice, be withdrawn or made subject to restrictions, whether as to quantity, minimum age requirements, or otherwise. Product and service descriptions and promotional offers on the Site may contain errors due to equipment or other technical issues, the possibility of typographical error, and product and service descriptions and promotional offers may not be complete, current or accurate.
6. YOUR INFORMATION AND PRIVACY CONSIDERATIONS.
In order to take advantage of the full capabilities of the Site, you may be asked to send us information about yourself or others; you may also participate in polls, surveys or other communications; you may supply us with media or other materials you have created. Additionally, Kuma may record your usage of the Site and its components via Google Analytics or other mechanisms. If you believe that any such information is so private to you or to any other person that possible disclosure would be embarrassing or otherwise inappropriate, we ask that you do not supply that information, even if it means that some or all of this Site's capabilities would therefore be rendered unavailable to you or any other person. We do require, however, that the information you elect to provide to us be true, accurate, current and information as necessary.
Mindful of the foregoing, you hereby grant us permission to (a) upload game data and game-file information (b) download games and other files to you. Data about you or supplied by you may be stored and may reside on our servers. Any actions you take or communications that you make through the Site or instrumentalities associated with it (including, but not limited to, messages solely directed at another player or group of players), may be monitored and/or recorded. You consent to the monitoring of those communications and activities and agree that you have no expectation of privacy in them. You acknowledge and agree that we may share your communications with us and other end-users, as well as your Site usage, play results, survey responses, and other activities.
If you create or are provided with a user ID and/or password, you are responsible for keeping your user ID and password secret and confidential. You are solely responsible for any communications or other uses that are made by the use of your user ID and password, even if not made by you, as well as any obligations that may result from any such use. You must not transfer or sell your user ID or password to a third party. You are responsible for changing your password if you believe that it has been stolen or might otherwise be misused. You must notify Kuma immediately of any unauthorized use of your user ID or password.
We reserve the right to use "cookies," which are small computer files we would thereby transfer to your computer's hard drive to allow us to monitor Site usage and to personalize your experience of our Site and Services. You have the ability to accept or decline cookies, but if you choose to decline cookies, performance of the Site might be adversely affected.
Websites linked to the Site are likely governed by their own policies. Kuma is not responsible for those policies and expressly disclaims any liability relating to any aspect of any such linked site.
If you request any technical support, you consent to our remote access and review for the express purpose of providing that support and for debugging.
You agree that we may communicate with you via e-mail, instant messaging, chat, voice chat, posts to private and public areas, and any similar technology for any purpose relating to the Site and any associated Kuma service, as well as services or software that may in the future be provided by us or on our behalf.
7. DISCLOSURE OF CONTENT MONITORING.
In addition to the foregoing, Kuma reserves the right to disclose information gathered from the Site and any Kuma service associated with it if required to do so by law or if done in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, Site and Kuma service benefits, property or personal safety of Kuma, Site users or the public. You therefore authorize us to disclose any information about you to effectuate that purpose as we, in our sole discretion, believe necessary or appropriate.
8. NO WARRANTY.
The site, including any content or information contained within it and any linked website, is provided "as is" and "as available." TO THE FULLEST EXTENT PERMITTED BY LAW, KUMA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limitation to the foregoing, Kuma makes no representation or warranty of any kind as to the Site or any linked content or website, (a) that there will be no interference with your enjoyment of the Site; (b) that information provided to you will fulfill any particular purpose or need; (c) that information is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the Site will otherwise meet any specifications, requirements or expectations; (f) that the Site will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the Site will be accurate and reliable; or (h) that any errors in the content of the Site will be corrected. You understand that the Website and Kuma Online Service are provided "AS IS" and in their respective present state and condition. No warranty or representation, express or implied, written or oral, statutory or otherwise, as to the condition, quality, availability, durability, performance, non-infringement, merchantability, or fitness for a particular purpose or use of the Site is given or assumed by or any of its affiliates, or any of their respective officers, directors, employees, agents, representatives, successors or assigns and all such warranties and representations are hereby disclaimed to the fullest extent permitted by law. Kuma makes no representation or warranty with respect to the accuracy or completeness of the information or data produced or displayed in connection with the Site. Kuma does not guarantee continuous, uninterrupted, or secure access to the Website and Kuma Online Service and access to such may be interfered with by numerous factors outside the control of Kuma. Kuma is not liable for any damages of any type caused by any such interference. You assume any and all risk associated with the access or use of, or exchange of content, data or information with the Site.
9. LIMITATION OF LIABILITY.
Kuma shall have no liability for the deletion of any communications or information collected, maintained or transmitted by the Site or the failure to store any information, including personalized settings. Kuma shall have no liability with respect to any information posted by users on chat rooms or bulletin boards provided to users at any time. You acknowledge that certain portions of the Site may use or communicate with software developed by third parties or with third-party Internet service providers not under the control of Kuma ("Third Party Software and Services"). You agree to look solely to any such third parties for remedies, losses or damages related to Third Party Software and Services.
IN NO EVENT SHALL KUMA, ITS AFFILIATES OR EQUITY HOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO, OR THE USE OR ATTEMPTED USE OF, THE SITE OR ANY GAME, CONTENT OR LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. IN NO EVENT SHALL KUMA'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM, EXCEED THE AGGREGATE AMOUNT OF FEES PAID TO KUMA BY YOU DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS BEFORE THAT CLAIM IS BROUGHT.
You hereby indemnify and hold harmless, and hereby release, Kuma and its affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, and expenses, including reasonable legal fees, incurred directly or indirectly, by Kuma or its affiliates, or their respective officers, directors, employees, agents, successors or assigns that arise out of, or relate to, a breach or non-performance by you of your representations, warranties or obligations under this agreement.
Kuma may, in its sole discretion, terminate your use of the Site or cancel or terminate this agreement for any reason, without prior notice. Upon termination or cancellation of this agreement, you will immediately discontinue use of the Site. In its sole discretion, and at any time, Kuma may also discontinue providing the Site or any part of it, with or without notice. Kuma shall not be liable to you or any third party for any of the foregoing. Sections 3, 6, 7, 8, 9, 10, 11, 12, 13 and 14 shall survive termination of this agreement.
13. JURISDICTION AND CHOICE OF LAW.
All claims regarding the Site shall be governed according to the laws of the State of New York, United States of America, without regard to its conflicts of law principles. Any claim or action arising under this agreement shall be subject to the exclusive jurisdiction of courts in New York County, United States of America. Kuma makes no representations or warranties that materials on the Site are appropriate or available for use in any particular location; accessing the Site from any territory in which its content is illegal is not permitted or sanctioned by Kuma.
All e-mail notices to Kuma, including notifications under the Digitial Millenium Copyright Act, must be directed to firstname.lastname@example.org
The Site, or parts of it, may be provided, hosted, serviced or maintained by one or more third parties. Neither Kuma nor any such third party shall have any obligation under this agreement to correct any bugs, defects or errors in any part of the Site or to otherwise support, update or maintain any part of the Site. Kuma or its designee may provide support coverage solely for registered users of the Site using support tools such as on-line documentation, e-mail, help screens, and forum or chat rooms, that Kuma may decide to provide from time to time, in its sole discretion.
You may not assign or otherwise transfer any license or rights granted under this agreement or delegate its obligations without the express written consent of Kuma, which consent may be withheld for any reason. In the event any provision of this agreement is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to be enforceable and fulfill the purposes of this agreement, and the remaining provisions of this agreement will remain in full force and effect. Waiver by either party of any default or breach of this agreement shall not constitute a waiver of any other or subsequent default or breach.
Kuma games are works of fiction. Any Kuma game that is based on real-world events is only representational and not an accurate depiction of real-world events. You should not rely on the accuracy of any Kuma game for any purpose, and under no circumstances should you seek to imitate any game experience in real life.
17. COMPLETE AGREEMENT.
This agreement constitutes the entire agreement between you and Kuma with respect to use of the Site, superseding any other agreement between you and Kuma with respect to the subject matter of this agreement. Section headings in this agreement are for convenience only and have no legal or contractual effect. If any provision of this agreement is found to be unenforceable, the other provisions shall still remain in full force and effect. By using any portion of the Site, you agree to be bound by the terms of this agreement and hereby acknowledge that you have read and agree to be bound by the terms and conditions of this agreement.