Crescent Kite Terms of Service (“TOS”)
Last updated: 16 August 2024
Introduction
The terms of service (TOS) sets the relationship between you and Crescent Kite LLC (“Crescent Kite,” “us,” or “we”) regarding your use of our games and services.
For the meaning of certain words and/or phrases, please refer to the Definitions below.
1.0 Agreement to the Terms
1.1 Agreeing to these TOS and the privacy policy is a precondition for accessing and using our Services. Please read these terms. If you do not agree to these TOS, you may not use or access our games and services.
1.2 If a child wants to play our games and use our services, the child’s parent or legal guardian must agree to these Terms as a precondition to the child’s use.
1.3 You can access these terms at any time at crescentkite.com. Crescent Kite may change and/or update these TOS at any time in response to any changing legal, technical, or business development reasons. We will put the changed/updated versions online at crescentkite.com and will take the appropriate measures and precautions to inform you of the changes via our games and services. You agree to be bound by the updated TOS, by your continued access and/or use of the Services after said updates.
2.0 Right to Use Our Services
2.1 In accordance with these Terms, you are granted a nonexclusive, nontransferable, non-sublicensable, limited right to use our Services for your entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms.
2.2 All rights, titles, and interests in and to the Services remain with us, except as provided in clause 2.1. In other words, all copyrights, trademarks, code, software, characters, themes, character names, games names, storylines, dialogue, settings, artwork, sound effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and all other rights derived from the Services are owned by us at all times. Without our prior written consent, you may not copy, reproduce, or distribute the Services in any manner or medium. We reserve the right to grant or withhold consent at our sole discretion.
2.3 In accordance with these Terms, the license ends if you dispose of the Services or we terminate the license.
3.0 Virtual Items
3.1 Our games and services may include Virtual Items. Said items can be earned through gameplay. You may also “purchase” these Virtual Items with legal currency or Provider Credits.
3.2 You agree that the Virtual Items only exist in our games or services and can never be exchanged for real money, goods, or services from us, or anyone else. You agree that you do not own the Virtual Items but instead, you purchased a limited personal revocable license to use them. Any balance of Virtual Items does not reflect any stored value.
3.3 You are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any “loss” of or “damage” to your Virtual Items. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.
3.4 If you successfully request that your personal data be deleted in accordance with the Privacy Notice, you will permanently lose all your Virtual Items, and other Account information, will not have any right to refund. Once deleted, we can no longer associate such any Virtual Items with you.
3.5 We reserve the right to control, regulate, change or remove any Virtual Items without notice and without any liability to you.
3.6 You are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any “loss” of or “damage” to your Virtual Items. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.
4.0 User Social Relations
To use our games and services you must:
4.1 Our games and services may enable connecting across different social media platforms to post materials that may be made publicly available. You are solely responsible for the User Content that you post on, through or connecting with our games and services.
4.2 You grant us at Crescent Kite a royalty free, worldwide, non-exclusive, sub-licensable right to use any User Content (including your intellectual property) that was created or submitted using our games and services.
4.3 User Content is considered non-confidential and non-proprietary. If you would like to keep any information, or any idea confidential, then do not post it on our services or any social media platform. We at Crescent Kite have no obligation to evaluate, user or to compensate you for any information or ideas you choose to post.
4.4 You are responsible for any User Content you post of our games and services and the risks associated with it. We are not held accountable or liable for any content of your posts and we are not liable for any loss or claim resulting from any action taken from User Content made by you pertaining to Crescent Kite games and services.
4.5 Furthermore, you must adhere to any rules of the social media platforms you post on.
5.0 Accounts and Login
5.1 When accessing our games and services, you must sign in to your Google Play Store account, or your Apple IOS App Store account. If you do not, your progress will not be saved.
5.2 You are responsible for taking reasonable steps to protect your login details and keep them confidential. You are accountable for all activities conducted through your account, whether or not you have authorized the access. We will assume that anyone using your account has your permission to do so.
6.0 Third Party Services
6.1 Third party services may be used when you:
6.1.1 install, purchase, or update our game(s) and service(s), including but not limited to digital storefronts such as Apple IOS App Store, and Google Play Store.
6.1.2 use our games and services, including but not limited to gameplay recording and sharing, social media connectivity and the like
6.2 These third party services are subject to their respective terms of service and privacy policy. Please study the third party services you use as we at Crescent Kite are not liable for activities of any such third parties.
6.3 Our services include links, whether it be to licenses, or advertisements to third party websites or other third party content/services.
6.3.1 Said links are provided only for convenience and may not be current.
6.3.2 Please note that links to third-party content or services do not constitute endorsements, approvals, or recommendations by us of the third parties.
6.3.3 Terms and conditions may apply to the use of third-party content and services.
6.3.4 Whenever you share data with third parties, you are doing so in accordance with their privacy policies (if applicable), not ours.
7.0 Security
7.1 In spite of our best efforts, no data transmission over the internet can be guaranteed as 100% safe. Our game utilizes secure account management through Google Play Games Services and iOS services, ensuring that your account information is handled by industry-leading authentication platforms. By using Google Play Games Services for Android and Apple Game Center for iOS, your account credentials and related data are managed with enhanced security measures provided by these trusted third parties. While we rely on these platforms to protect your account information, we also recommend that you follow best practices, such as enabling two-factor authentication and maintaining a strong password, to further safeguard your data. While we take many precautions, any information you send to us is done at your own risk. However, once we receive your data, we take reasonable measures to ensure its security.
7.2 You are responsible for taking your own precautions to ensure that your access to our Services does not expose you to the risk of viruses, malware, or other harmful code that may compromise your Devices. We disclaim any liability for any damage or interference to your Devices that may occur in connection with your use of our Services. By using our Services, you agree that we shall not be held liable for any such issues.
8.0 Advertisement
8.1.0 You understand that:
8.1.1 our Services may include advertisements from us and/or third parties. We reserve the right, at our sole discretion, to introduce advertising into any of our Services that do not currently contain advertising, unless we have expressly stated that a particular Service will be free of advertising.
8.1.2 We are not responsible for the content of any third-party advertisements or the content of any websites or materials linked to by these advertisements. You access such third-party websites and materials at your own risk. We disclaim any liability for any damages or losses resulting from your interaction with third-party advertisements.
8.1.3 Please note that advertisements within our Services are served by Google AdMob. We do not collect any additional information or data from you beyond what you provide in your Google Play Games account or Apple’s Game Center. Your privacy and data security are important to us, and we adhere to the privacy policies of these third-party platforms to ensure your information is protected.
9.0 Your Obligations
9.1.0 You will not:
9.1.1 Rent, Lease, Lend, Sell, or Transfer: Rent, lease, lend, sell, transfer, redistribute, or sublicense our Services, or make our Services available over a network where it could be used by multiple devices simultaneously. If you sell, dispose of, transfer, or assign any devices containing our Services, you must remove any copies of our Services before doing so.
9.1.2 Unauthorized Use and Cheating: Use or promote the use of any form of cheats, modifications, exploits, or other unauthorized means to interfere with or gain an undue advantage in your use of our Services.
9.1.3 Commercial Use Without Consent: Use the Services for any commercial purpose without our prior written consent. This includes, but is not limited to, making our Services available for public use, such as in a games arcade, incorporating our Services within your own products or content, such as in television programs or films, or using our Services in advertising, solicitation, or transmission of any commercial advertisements.
9.1.4 Disruption and Unauthorized Access: Attempt to disrupt or burden the normal operation of our Services or any of our infrastructure or other business activities. Attempt to gain unauthorized access to our Services or make any automated use of our Services.
9.1.5 Impersonation and Privacy Violations: Impersonate any other person in your use of our Services. Post another person’s personal information or data through our Services without that person’s consent.
9.1.6 Content Distribution and Intellectual Property: Use our Services to distribute any information, content, or materials that breach our Terms of Service. Attempt to decompile, reverse engineer, disassemble, or hack any of our Services, or defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us.
9.1.7 Harassment and Abuse: Use our Services to harass, abuse, threaten, or harm another person or to attempt to, or incite another, to harass, abuse, or harm another person or group.
9.1.8 Unauthorized Reproduction and Data Aggregation: Copy, distribute, make available to the public, or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing. Use our Services to gather, accumulate, or otherwise aggregate information or data, including but not limited to, data or information about us, our Services, or other users.
9.1.9 Legal Compliance: Use our Services in connection with the actual or attempted contravention of any laws.
9.2 You are responsible for ensuring that your installation and use of our Services do not cause you to exceed any data usage quotas or other limitations imposed by your internet service provider or other third-party services. Our company will not be liable for any charges, fees, or penalties you incur as a result of exceeding such quotas or limitations.
9.3 You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including, but not limited to, the Apple iOS App Store and the Google Play Store. Additionally, you must adhere to any applicable third-party terms of agreement when using our Services, such as Facebook’s terms of use.
9.4 Any information you provide to us must be true, accurate, and complete at all times.
9.5.0 To use our Services, you must:
9.5.1 Embargo Restrictions: Not be located in a country that is subject to an embargo by the government of the United States of America.
9.5.2 Prohibited Parties: Not be included on any list of prohibited or restricted parties by the government of the United States of America.
9.5.3 Compliance with Local Laws: Comply with the laws applicable to you in the location from which you access our Services. If any laws applicable to you restrict or prohibit your use of our Services, you must comply with those legal restrictions or, if applicable, cease accessing and using our Services.
10.0 Disclaimer and Release
10.1.0 To the maximum extent permitted by law, we shall not be liable for any claims or losses arising directly or indirectly from:
10.1.1 Any failure to deliver our services, or any portion thereof;
10.1.2 Any loss, corruption, or errors in data, or interruptions that occur while using, or as part of, any of our services;
10.1.3 Any suspension or termination of our services, or any part thereof;
10.1.4 Any use of our services by other users, including any usage that violates these terms.
11.0 Warranty
11.1 Our services are provided on an “as is” and “as available” basis for your use. You understand that our services cannot be guaranteed to be error-free, and the existence of any errors will not be considered a breach of these terms.
11.2.0 Except as expressly provided otherwise in these terms, and to the fullest extent permitted by law:
11.2.1 We will not be liable to you for any loss, including special, indirect, or consequential damages (such as loss of profits), or claims arising out of a breach of these terms or the supply of defective services.
11.2.2.0 Our liability for any implied term, condition, guarantee, or warranty that cannot be lawfully excluded, including those under the Magnuson-Moss Warranty Act and other applicable federal or state laws, is limited to (at our option):
11.2.2.1 In the case of goods (to the extent our services are considered a good under applicable law): Repairing, replacing, or supplying equivalent goods, or paying the cost of any of those remedies to you.
11.2.2.2 In the case of services: Supplying the services again or paying the cost of having the services supplied again.
11.2.3 Our maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of USD $10.
11.3 You agree that you have exercised your independent judgment in acquiring our services and have not relied on any representations made by us that are not expressly stated in these terms or based on any descriptions, illustrations, or specifications contained in any documents, including catalogs or publicity materials produced by us.
11.4 If you purchased our services from the iOS App Store and our services fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You agree that, to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to our services, and any other claims, losses, damages, costs, or expenses attributable to any failure to conform to any warranty will be dealt with by us in accordance with these terms.
12.0 Contact Us
12.1 If you have any questions pertaining to the Terms of Service, you can contact us at:
PO Box 16002, Wichita KS, 67216
Telephone: +1 6202631867
Email: support@crescentkite.com
13.0 Termination of Account or Services
13.1 We reserve the right to limit, suspend, terminate, modify, or delete your account or access to our services, or any portions of our services (including user content), if you fail to comply, or we suspect that you are failing to comply, with these terms, our privacy policy, our house rules, or for any actual or suspected illegal or improper use of our services. This action may be taken with or without notice to you.
13.2 If we terminate your account for reasons other than inactivity, you are prohibited from accessing any other accounts or creating any new accounts.
13.3 We reserve the right to delete your account if no activity is conducted by you for 180 days or more. If your account is deleted for inactivity, you will lose access to any virtual items associated with that account, and no refund will be provided.
13.4 You acknowledge that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account, including, but not limited to, levels, scores, and virtual items.
13.5 Upon termination of your account, you must destroy any remaining copies of our services and associated documentation or return or dispose of such material as directed by us.
13.6 You agree to indemnify us, in accordance with applicable law, for any losses, damages, claims, and expenses that may arise from your breach of these terms.
14.0 Updates & Access To Our Services
14.1 We reserve the right to withdraw or modify our services, in whole or in part, at any time and for any reason. For clarity, you acknowledge that we may alter our services at our sole discretion.
14.2 You understand that there may be times when our services or any part of them are unavailable due to technical or maintenance-related reasons, either on a scheduled or unscheduled basis.
14.3.0 You acknowledge that:
14.3.1 We may, at our sole discretion, provide updates, and you may be required to accept these updates to continue using our services.
14.3.2 You may need to update third-party software from time to time to continue accessing our services.
14.3.3 It is your responsibility to update our services and any third-party software when updates are available. We are not liable for any losses you may incur as a result of failing to update.
14.3.4 We are not obligated to support our services by providing advice, training, error correction, modifications, new releases, enhancements, hosting, telecommunications, internet, or other services related to your use of our services.
15.0 General
15.1 Assignment — We may transfer all or part of our rights or responsibilities under these terms to another party without obtaining your consent, provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights granted to you under these terms unless we first agree to it in writing.
15.2 Entire Agreement — These terms, along with our privacy policy and house rules, constitute the entire agreement between you and us regarding our services. They replace all previous agreements and understandings between you and us concerning our services.
15.3 Severability — If any part of these terms is found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary, so that the remaining terms will remain in full force and effect.
15.4 Waivers — Our failure to exercise or enforce any rights under these terms does not constitute a waiver of those rights. Any waiver of such rights must be in writing and signed by us to be effective.
15.5 Governing Law — These terms are governed exclusively by the laws of the State of Kansas, United States. All legal actions relating to these terms shall be brought in the state or federal courts located in Kansas.
15.6 Force Majeure — Notwithstanding any other provisions of these terms, we are not liable for any delay or failure to comply with these terms if caused by circumstances beyond our reasonable control, including, but not limited to, fire, flood, acts of God, strikes, lockouts, work stoppages, trade disputes, or any acts of war or terrorism.
16.0 Definitions
16.1.0 Below are the meanings of the following words, unless otherwise specified:
16.1.1 Apple: Refers to Apple Inc., located at One Infinite Loop, Cupertino, CA 95014
16.1.2 Claim: Any action, claim, proceeding, or demand of any kind, whether currently existing or arising in the future, related to events or circumstances that have already occurred or may occur.
16.1.3 Intellectual Property: Encompasses all rights worldwide concerning patents, copyrights (including moral rights), designs, registered and unregistered trademarks, trade secrets, know-how, confidential information, and any other intellectual property rights. This includes any rights to register these rights, whether created before or after the date of this document, and covers the duration of those rights and any renewals.
16.1.4 Loss: All losses, costs, expenses, and damages (including legal costs and disbursements) incurred, whether directly, indirectly, consequentially, or otherwise.
16.1.5 Provider Credits: Currency-like credits held by you with a third-party provider. Examples include Facebook Credits.
16.1.6 Privacy Policy: Refers to our privacy policy, which is updated from time to time and is available for access at Privacy Policy
16.1.7 Services: The services we offer, including our games, websites, and related services.
16.1.8 Terms: The terms outlined in this document, as updated from time to time.
16.1.9 Update: An update provided by us that replaces or supplements the original service. This may include adding, removing, modifying, or altering features of our services at our sole discretion.
16.1.10 User Content: Any content generated, created, or otherwise produced as a result of using our services. This includes communications, images, sounds, and all material, data, and information that you or other users upload or transmit through our services, including chat text.
16.1.11 Virtual Items: Virtual items, objects, or other entitlements for use within our services, including any form of virtual currency.
17.0 Intellectual Property and User Agreement
17.1 You agree that all intellectual property related to our services is owned or licensed by us. Our services are licensed to you, and you acknowledge that no title or ownership in our services is being transferred or assigned. These terms do not constitute a sale of any rights in our services.
17.2 Our services may allow you to create user content. You will retain ownership of any intellectual property rights arising from the user content you create. However, you grant us a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable, and sublicensable license to use, exploit, or modify your user content in any way and for any purpose, without compensation to you. You also agree not to enforce, and hereby waive to the fullest extent legally possible, any moral rights you may have now or in the future regarding your user content.
18.0 Privacy
18.1 Crescent Kite collects limited data through third-party services, such as Google Play Games and Apple’s Game Center, to provide in-game functionalities. This data may include your email address and game activity (e.g., achievements and leaderboards). We do not collect or store sensitive personal data, and any data collected is managed by these third-party services in accordance with their respective privacy policies.
18.2 With regard to advertisements, we use Google AdMob to serve non-personalized ads in our services. Non-personalized ads mean that AdMob does not track your behavior for ad targeting purposes. The data AdMob may collect to serve non-personalized ads includes basic device information, such as the type of device, operating system, and app usage. Crescent Kite does not collect or store any personal data related to advertising. By using our services, you agree to this data collection through Google Play Games, Apple’s Game Center, and Google AdMob. Your consent to these terms is required to use our services.
19.0 Real World Activity Disclaimers
19.1 Physical activity disclaimer: Physical Activity Disclaimer: Our game may include suggestions for light exercises or other fitness-related activities. Participation in these activities is entirely voluntary and at your own risk. Crescent Kite is not responsible for any injuries or health issues that may result from performing these activities. We strongly recommend consulting with a healthcare professional before starting any new exercise routine, particularly if you have any pre-existing health conditions. Please note that a disclaimer regarding physical activity is also provided within the mobile game app.
19.2 Social Interaction Disclaimer: Our game may suggest positive social interactions such as saying something nice to someone you care about. These activities are intended to encourage positive communication and are entirely optional. Crescent Kite is not responsible for any outcomes resulting from these interactions. Players are encouraged to use their discretion and consider the context and nature of their relationships when participating in these activities. Please note that a disclaimer regarding social interactions is also provided within the mobile game app.
19.3 Any suggestions for real-world activities provided by the game are purely optional and intended for entertainment purposes. Crescent Kite is not liable for any physical, emotional, or other harm that may result from participation in these activities. Players should use their own judgment and take appropriate precautions when engaging in any suggested activities.