Krash Studio (“Krash Studio”) offers a Kontest software application (the “Service”) that helps contest sponsors (individually and collectively) publish their contests contests online.
You further acknowledge and agree that your use of Kontest is also subject to the Terms and Conditions posted on Krash Studio web sites, as such Terms and Conditions may change from time to time in Kontest’s sole discretion.
TERMS AND CONDITIONS APPLICABLE TO ALL USERS OF THE SERVICE
Krash Studio doesn’t actively monitor the use of the Service or Sponsor contests.
Krash Studio doesn’t exercise editorial control or review over the content or nature of any contest or of any website, e-mail transmission, newsgroup, or other material created or accessible over or through the contests.
If at any time and in its sole discretion, Krash Studio chooses to monitor a contest, Krash Studio nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or contest, and no responsibility for the conduct of any third party entering or conducting a contest.
By using Kontest, you release Krash Studio from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials.
You acknowledge and agree that Krash Studio reserves the right to change its terms, conditions, policies, or guidelines at any time, in its sole discretion.
(Notice will be provided by posting such changes on the Kontest Site and updating the “Date of Last Revision” for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the Kontest Site or Service made after the changes are posted to the Kontest Site. You also expressly waive any right you may have to individual notice of such changes.)
Issue warnings: written or verbal
Suspend or terminate a contest and/or your use of the Service, to the extent possible
Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
Interruption of service
Krash Studio may, from time to time, need to interrupt Kontest Site for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless Krash Studio and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.
Because of situations beyond the control of Krash Studio, Krash Studio can’t guarantee that the Service will be available to you or that the Service will function properly. Krash Studio doesn’t guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data.
By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email.
You expressly understand and agree that your use of the service is at your sole risk.
Kontest is provided on an “As is” and “As available” basis.
We ensure maximum compatibility with Google Chrome and Mozilla Firefox in their latest versions. Using a different browser will give no guarantee concerning Kontest services performance.
You understand and agree that Krash Studio makes no representations that individuals using its service are whom they purport to be or that sponsors’ contests will be conducted in conformance with applicable laws, rules or regulations.
Krash Studio has no control over and accepts no responsability for any contests or actions of any third party, including without limitation any contest sponsors.
You assume full responsibility and risk for use of the service and the Internet and are solely responsible for evaluating the accuracy and completeness of information you receive through the service or any contest.
You understand and agree, except as required by applicable law, Krash Studio shall be not liable for any direct, indirect, incidental, special, consequential or exemplary damages arising in connection with the service.
Kontest may provide, or third parties may provide, links to other web sites or resources, including without limitation to Sponsor web sites or social networking web sites.
Because Krash Studio has no control over such sites and resources, you acknowledge and agree that Krash Studio is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any contest, content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Krash Studio and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such contest, content, goods or services available on or through any such site or resource.
You agree not to use Kontest to :
- intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable
- attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Krash Studio or used by Krash Studio in providing the Service
- attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- impersonate any person or entity, including, but not limited to, a Krash Studio employee, contractor, volunteer, official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available
- make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party
- make available any unsolicited or unauthorized advertising, contestal or any other form of solicitation, except in those areas that are expressly designated for such purpose;
- interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Service or Kontest Site or “crashing” the Service, the Krash Studio Site, or any other host or network
- access content or data not intended for you, or log onto a server or account that you are not authorized to access
- use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.)
We encourage parents to take an active interest in their children’s use of the Internet. Kontest is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on Kontest.
If there is any dispute about or involving Krash Studio or Service, you agree that the dispute shall be governed by the French laws, without regard to conflict of law provisions and you agree to the exclusive French personal jurisdiction.
TERMS AND CONDITIONS APPLICABLE TO PROSPECTIVE ENTRANTS OF CONTESTS USING KONTEST
Requests for Your Personal Information
Sponsors using the Service may ask you for certain personal information (name, address, gender, date of birth, etc.) when you fill out the entry form for that Sponsor’s contest. Providing this information is strictly optional. However, if you choose not to enter the information required by the Sponsor in its contest rules, then you may not be eligible to participate in the contest. Please see each Sponsor’s contest rules for entry requirements and other important details.
If you add one of our social network applications, you will be agreeing to that social network’s policy governing communications with application users. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about Krash Studio’s products or services, including for example, or about other contests available through the Service.
Access to Your Personal Information
Krash Studio is not responsible for such Sponsor’s use of that personal data, nor any claims or damages that may arise from any such Sponsor’s distribution of such personal data to others (e.g., prize providers). You acknowledge and agree that Krash Studio shall not be liable or responsible for any use of your personal data by any Sponsor running any contest or any other third party.
Contest Terms & Conditions
Each Sponsor running a contest using the Service is responsible for providing its own contest rules, terms, and conditions, and ensuring such contest complies with applicable laws, rules, and regulations.
A link to the rules and terms and conditions for each contest is provided below the contest entry form. You will be required to agree to these rules and terms and conditions before you can enter each contest. It is important that you review those rules, terms, and conditions carefully before consenting to them.
You acknowledge that Krash Studio shall not be responsible or liable for any Sponsor’s or other third party’s compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable contest.
FOR SPONSORS RUNNING CONTESTS USING KONTEST APPLICATION
Entrant’s Personal Information
Krash Studio acknowledges that you will receive information provided to you by each Entrant, as specified in your contest rules.
Krash Studio may communicate with users of its non-white-label contest application. Such notifications may include information about Krash Studio’s products or services, including for example, or about other contests available through the Service. Krash Studio will not communicate with users of white-label applications that are running via the Kontest technology.
Compliance with Laws and Regulations
You acknowledge and agree that Kontest merely helps Sponsors publish their contests and that the Service provides no safeguards that ensure that you operate your contest properly or legally.
You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your contest(s), including without limitation in connection with all advertising and marketing associated with your contest(s).
You represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations.
A credit card is required for all orders. If the User has opted for annual billing, they agree to commit to a subscription period of 365 days following the confirmation of their order. The User will immediately be billed and charged the full amount for the selected plan.
By providing the credit card number and information described below, the User authorizes Krash Studio SA to debit their credit card the total amount with or without tax as indicated on the order summary.
In an effort to prevent Internet fraud, information related to the User’s order may be shared with any third party authorized by law to access it, and may be the basis for filing a complaint with the competent authorities.
Annual billing agreements (also called subscriptions) are automatically renewed without notice at the end of each billing period. The service is billed on the first day of the billing period and is not refundable. Upon automatic renewal of annual billing (also called subscription), the User is once again committed for a period of 365 days.
Orders that are not billed annually will not be automatically renewed.
No payment made for an order of any kind will be refunded.
For clients who choose annual billing (also called subscription), a plan that is downgraded or removed during their commitment period shall under no circumstances be cause for a total or partial refund.
If any order (single game, game packages or annual billing) is not used within 12 months of signing the cost estimate and/or paying the invoice, this is not grounds for a total or partial refund of the payment made.
Upgrading and downgrading
The User may not upgrade or downgrade an order that is not subject to an annual billing (also known as subscription) once the order is confirmed.
In the event a User upgrades to a more expensive plan when using annual billing (also called subscription), the new order will go into effect immediately. The user will automatically be billed and charged the full amount for the new order less the amount of the initial order, and will again be committed for a period of 365 days from the date of the upgrade.
In the event a User downgrades to a less expensive plan when using annual billing (also called subscription), the User must cancel annual billing by following the instructions below. They will then be able to choose a less expensive plan once the annual billing (also called subscription) commitment period in place at the time of the downgrade ends.
Downgrading may result in the loss of content and features. Krash Studio SA shall under no circumstances be held responsible for such losses, and it is up to the User, in this situation, to take all necessary steps in advance to preserve their content.
Cancellation of automatic renewal, Account deletion
The User may, at any time and without conditions, cancel automatic renewal of annual billing (also called subscription) through the “Brand Page” associated with the subscription. To do so, the User must click on the link “Cancel annual billing” on the “Brand Page” associated with the subscription.
This is the only way to cancel automatic renewal of annual billing (also called subscription). Under no circumstances shall an e-mail, chat conversation, telephone call, or request in any other form constitute a request to cancel a valid automatic billing agreement.
In the event of cancellation of automatic renewal of annual billing (also called subscription), any content Krash Studio SA may have in its possession will be immediately deleted as soon as the annual billing commitment period ends. This information will be permanently deleted and irretrievable.
It is the User’s responsibility to keep track of the date when their subscription period will end.
The User may, at any time and without conditions, delete their account. To do so, the user must click the “Delete my account” link on their “My Account” page. Under no circumstances shall an e-mail, chat conversation, telephone call, or request in any other form constitute a request to delete a user account and, therefore, such requests will not be acted upon.
Any user-created content Krash Studio SA may have in its possession will be immediately deleted. Said content will be permanently deleted and irretrievable, and Krash Studio SA will retain no copies of content created by the User, which the User understands and accepts without reservation.
SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION
Facebook requires that Krash Studio notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform :
The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the “Facebook Site”) or to retrieve authorized data from third-party sites for use on the Facebook Site (“Platform Applications”).
The “Facebook Platform” is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers (“Developers”) to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.
Consent Regarding Use of Facebook Site Information
Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers (“Developer Applications”), Facebook may from time to time provide Developers access to the following information (collectively, the “Facebook Site Information”) :
Any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information
The user ID associated with your Facebook Site profile
Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your “About Me” section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of “pokes” you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.
Privacy Settings : You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings.
Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a “Developer Agreement”), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company’s sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer’s actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.
Use of Platform Applications
Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer.
Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. Please, review each developer’s Terms and/or policies carefully.
You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications;
All platform applications are provided «as is,» with no warranties whatsoever. Facebook expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Facebook expressly disclaims any warranties regarding the reliability, timeliness, availability and/or performance of any platform applications. You understand and agree that you download, install and/or use any platform applications at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download, installation or use of any platform applications.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. you may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Integration or “Entire Agreement” Clauses in Application-Specific Terms and Conditions. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any Facebook Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and Facebook with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in paragraphs III, except to the extent that such terms directly conflict with the terms of such other agreement or terms.
Release and disclaimer. You hereby irrevocably release and agree to hold harmless Facebook and its affiliates, and each of their officers, directors, shareholders, employees and representatives, from any and all claims, costs, losses, liabilities and damages of any sort (whether direct, indirect, special, consequential or otherwise, and whether arising in tort (including negligence (whether active, passive or imputed)), contract, warranty, strict liability, reliance or under any other theory, and whether or not Facebook has been advised of the possibility of such damages) arising out of :
Your download, installation or use of any Facebook applications or developer applications,
Delivery of any information by Facebook to any developer
Any use by any developer of any information, whether or not such use is in accordance with the developer agreement.
Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
If any modification is unacceptable to you, your only recourse is to revoke your permission for Facebook to provide Facebook site information to developers as described in paragraph above. If you do not revoke such permission prior to the effective date of any change notice or new agreement posted on our site, you will be conclusively deemed to have accepted the change.