KEY FANTASY DA
TERMS OF SERVICE
Last updated: 16th of July, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR OTHER ONLINE PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR WEBSITES, MOBILE APPLICATIONS, OR OTHER ONLINE PRODUCTS OR SERVICES.
THESE TERMS OF SERVICE CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. IF FYOU LIVE OUTSIDE THE UNITED STATES, SOME OR ALL OF THE ARBITRATION PROVISION MAY NOT APPLY TO YOU.
This Terms of Service (this «Agreement«) is a contract between you and Key Fantasy DA («KEY FANTASY«, «us«, «we» or «our«) and applies to your access to, and use of, any website, mobile applications, Software (as defined in Section 3 below) and other products and services (collectively, the «Services«) of KEY FANTASY. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with KEY FANTASY for products, services, or otherwise.
Where you download any application from a third party digital distribution platform such as Apple iTunes or Google Play, the terms of such platform regarding the checkout process apply in addition to these Terms and, to the extent they govern the technical process of completing purchases and downloads, prevail in the event of any conflict.
Additional terms (including, but not limited to, posted fees, billing procedures, and promotion rules) may apply to particular functionalities and features that are part of the Services. Unless otherwise indicated, any additional applicable terms are incorporated by reference into this Agreement. In the event of a conflict between this Agreement and any additional terms, the additional terms shall govern.
1. PRECONDITIONS OF THE LICENSES. The licenses granted in this Agreement are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this Agreement:
a) You have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, your parent or legal guardian must agree to be bound by this Agreement and any applicable additional terms. If you are a parent or legal guardian consenting to these terms on behalf of a minor, you are responsible for the minor’s account and for ensuring the minor understands the provisions set herein;
b) You agree to and comply with all of the terms in this Agreement, and any additional terms as may be applicable to the Services;
c) Your access and use of the Services is subject to certain security measures, including, without limitation, registering the Services with a serial code, having continuous access to the Internet, and accepting certain security/digital rights management features. Failure to accept and fully-comply with such security measures may partially or completely impair your use of the Services.
d) Your access and use of the Services is in accordance with all applicable local, state, national, and foreign laws and regulations.
e) You access and use the Services only on local machines, running validly licensed copies of operating systems on which the Services was designed to operate (the “Hardware”);
f) You have accepted and are in compliance with all terms and conditions applicable to the Hardware, including any terms of such platform regarding the checkout process.
g) By accessing, using, or otherwise engaging with the Services, you may incur fees from your mobile carrier. You are solely responsible for the payment of such fees.
2. USER ACCOUNT. Before using the Services, you may be required to create an account («User Account«). You may not have more than one User Account at any given time. You may be asked to choose a username (which will be displayed within the Service) and a password for your User Account. KEY FANTASY reserves the right to remove or reclaim a username if we believe appropriate (such as when a trademark owner lodges an appropriate complaint or if the username breaches any applicable law or regulation). You are entirely responsible for maintaining the confidentiality of your password and agree that you will: (a) not register for a User Account on behalf of an individual or impersonate another individual, unless you are a parent or legal guardian registering on behalf of a minor; (b) not use the User Account, username, or password of another user at any time; (c) not disclose your password to any third party or permit any third party to access your account; (d) notify us immediately if you suspect any unauthorized use of your User Account or unauthorized access to your password; and (e) not enter your personal information (such as your name and email address) in the fields of username and password. You are solely responsible for any and all use of your User Account. KEY FANTASY may delete User Accounts that have been inactive for a reasonable period of time set by KEY FANTASY. KEY FANTASY reserves the right to cancel any User Account, refuse registration, refuse service, or cancel orders for any reason allowed by law.
3. LIMITED USE LICENSE.
a) Subject to the terms of this Agreement and your compliance with these terms, we grant you a nonexclusive, nontransferable, limited license to use the KEY FANTASY mobile application and associated software (collectively, the “Software”) for the term of the Agreement in your country of residence, on Hardware that you own or exclusively control and solely as permitted by the applicable platform usage rules or terms of use (if any). Any updates, supplements or replacements to the original Software are governed by this Agreement unless separate license terms accompany such update.
b) The preceding states the entirety of your rights with respect to the Software, and we reserve all rights in and to the Software not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (i) distribute, copy, license, rent, or sell the Software (except as expressly permitted by this license or the applicable platform usage rules); (ii) use the Software for any purpose other than your own personal, noncommercial use; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Software; (iv) modify, alter, or create any derivative works of the Software; (v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software; (vi) use the Software for purposes for which it is not designed; (vii) use the Software on any Hardware that you do not own or exclusively control; (viii) circumvent, or attempt to circumvent, any security measures in the Software; or (ix) attempt to obscure or mask your region when accessing any online features of the Software.
4. OWNERSHIP. The Services and all content (other than User Content, as defined below) and other materials in the Services or available through the Services, including, without limitation, the KEY FANTASY logo, and all designs, text, graphics, pictures, information, data, software, sound files, Game Currency, Virtual Items, other files and the selection and arrangement thereof are the property of KEY FANTASY or its licensors and are protected by copyright and other intellectual property laws and treaties. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation any Game Currency and Virtual Items.
5. TERM. This Agreement will remain in full force and effect while you use the Services. Either party may terminate use of the Services with or without cause at any time with reasonable prior notice. You may terminate this Agreement by deleting all Software from your device. KEY FANTASY shall not be liable to user or any third party for termination of your use of the Services. Upon termination of this Agreement (a) your right to use the Services shall cease immediately; and (b) you will not be entitled to a refund of any unused fees, if any, except for Purchased Game Currency refunded as required by applicable law. Sections 3b), 4, 7, 10, 12, 14-24, and any other term that, by its nature should survive, shall survive termination of this Agreement.
6. AMENDMENTS. KEY FANTASY reserves the right to change or modify this Agreement at any time and for any reason at KEY FANTASY’s sole discretion. If KEY FANTASY makes changes to this Agreement, we will provide notice of such changes, such as by providing notice through the Services, or by updating the «Last Updated» date at the top of this Agreement. Your continued use of the Services will confirm your acceptance of the revised Agreement. We encourage you to review the Agreement whenever you access the Services to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Agreement, you must stop using the Services.
If you are a resident of Germany, the above paragraph does not apply to you and is replaced with wording which can be found here.
7. MODIFICATION OF THE SERVICES. KEY FANTASY reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof with prior reasonable notice and, in case of emergency or if absolutely necessary, without prior notice. You agree that KEY FANTASY will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
8. IN-GAME CURRENCY AND VIRTUAL ITEMS.
a) KEY FANTASY may offer you the ability to: (a) purchase a limited license to use in-game currency (“Purchased Game Currency”); (b) earn a limited license to use in-game currency by performing specified tasks in the Services (“Earned Currency” together with the Purchased Game Currency, “Game Currency”); and/or (c) earn a limited license, and/or purchase a limited license with Game Currency, to virtual goods and services made available by KEY FANTASY in the Services (collectively, “Virtual Items”). If KEY FANTASY offers the ability to purchase or earn such licenses, KEY FANTASY hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to use Game Currency and Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Services, subject to the terms of this Agreement and your compliance therewith.
b) Game Currency may only be redeemed for Virtual Items for use in the Game and neither Game Currency nor Virtual Items are redeemable for money, any thing of monetary value, or for any monetary equivalent from KEY FANTASY or any other person or entity, except as otherwise required by applicable law. Game Currency and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither KEY FANTASY nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that KEY FANTASY may engage in actions that may impact the in-game attributes or perceived value of Game Currency and/or Virtual Items at any time, except as prohibited by applicable law. KEY FANTASY, in its sole discretion, may impose limits on the amount of Game Currency that may be purchased, earned, or redeemed.
c) All purchases of Purchased Game Currency are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise agreed herein. Except for the purchase price of Purchased Game Currency and certain Virtual Items, KEY FANTASY does not charge any fees for the access, use, or non-use of Game Currency or Virtual Items.
d) You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Virtual Items except in the Service and as expressly permitted by KEY FANTASY. Except as otherwise agreed herein, KEY FANTASY reserves and retains all rights, title, and interest in and to the Game Currency and Virtual Items.
e) The licenses granted hereunder to Game Currency and Virtual Items will terminate upon termination of this Agreement in accordance with Section 5 and as otherwise provided herein.
9. RIGHT OF WITHDRAWAL. If you are a resident of a member state of the European Union, you have a withdrawal right for every purchase of Game Currency or Virtual Items made with real money detailed below. However, you expressly waive your withdrawal right once the performance of the service begins and your account is provided access to the Game Currency or Virtual Items. You hereby expressly acknowledge that performance begins immediately after you complete your purchase, and once we make your purchase available to you, the contract has been fully performed by us.
a) Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the below model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
b) Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
c) Waiver of Withdrawal Right for Digital Content
The right of withdrawal regarding digital content which is not supplied on a tangible medium lapses if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
d) Model Form for the Withdrawal
To withdraw from the contract customers that have a right to withdraw according to the above clause may use the following form which is not required.
–To Key Fantasy DA (Using the provided online contact form)
– I hereby give notice that I withdraw from my contract of sale of the following goods
– Ordered on [INSERT DATE] / received on [INSERT DATE],
– Name of consumer
– Address of consumer,
– Date
10. USER CONTENT. By posting any communication, information, intellectual property, material, messages, photos, graphics, videos, URLs, and other items or content to the Services (“User Content”), to the extent permitted by applicable local law, you hereby grant KEY FANTASY a non-exclusive, royalty-free, fully transferable and sub-licensable worldwide license for the whole duration of the applicable legal protection of intellectual rights to use the User Content in connection with the Services and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to KEY FANTASY’s and other players’ use and enjoyment of such assets in connection with the Services and related goods and services under applicable law. The license grant to KEY FANTASY survives any termination or revocation of this Agreement.
11. ONLINE CONDUCT. Unless through the intentional fault or gross negligence of KEY FANTASY, KEY FANTASY is not responsible or liable for the conduct of any users, whether or not such conduct relates to the access or use of the Services. KEY FANTASY may suspend or terminate your access to the Services at any time if you violate the terms of this Section 11 or any other terms and conditions of this Agreement. KEY FANTASY may (for example in response to a claim from a copyright owner) review any User Content that is uploaded, published, stored, or displayed on the Services (hereinafter, “posted”) provided that in the case of User Content shared as a part of any private message within the Services, KEY FANTASY will not screen or review such content unless at least one party to the communication grants its consent (e.g. by reporting the message to KEY FANTASY as objectionable). KEY FANTASY reserves the right to delete or refuse to take online any User Content. Although KEY FANTASY does not regularly screen, edit, or monitor any of the User Content posted on the Services, KEY FANTASY reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted through the Services if KEY FANTASY determines in its reasonable discretion that such User Content violates this Agreement and/or any third party right, applicable law, rule, or regulation. You may not use the Services if you have previously been suspended or removed from the Services. You are solely responsible for any User Content that you post or transmit to any users or third parties. Specifically, you agree not to do, attempt to do, or cause another to do any of the following in connection with the Services:
a) post any User Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; promotes or encourages any illegal or other antisocial activity, including hacking; promotes racism, bigotry, hatred, or physical or other harm of any kind against any group or individual or is otherwise objectionable;
b) post any User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
c) engage in commercial activities or commercial sales, including transmission of any commercial advertisements or solicitations;
d) enter, disclose or disseminate any personal information about anyone (including you);
e) impersonate any person or entity, including any KEY FANTASY officials, forum leaders, guides, hosts, employees, or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f) impede or disrupt the Services or the normal flow of Services play or dialogue or use vulgar language, abusiveness, excessive shouting (e.g., ALL CAPS), “spamming,” or any other disruptive or detrimental methods that disturb other users of the Services;
g) use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Services, to gain an unfair advantage over other players, or to cheat or utilize unauthorized exploits in connection with the Services, including but not limited to accessing portions of the Services that you are not authorized to access and using any bots, emulators, or other unauthorized third party tools;
h) do anything that interferes with the ability of other users to enjoy playing the Services in accordance with its rules or that materially increases the expense or difficulty of KEY FANTASY or the platform provider in maintaining the Services for the enjoyment of all its users.
i) intentionally disconnect from the network during online play or allow yourself to be defeated by a given player repeatedly to help boost their rankings or win counts in the Services.
j) trade, sell, auction, or otherwise transfer or attempt to transfer any Virtual Items or Game Currency outside the Services;
k) otherwise violates the terms of this Agreement, other policies communicated by KEY FANTASY, or creates liability for KEY FANTASY.
12. FEEDBACK. We do not accept proposals for product ideas, other ideas, plans, notes, drawings, or original or creative materials from customers or users. Please understand that even in the event that we receive such proposals, we will not bear any obligation or responsibility for said proposals. However, in the event you submit questions, comments, suggestions, proposals for product ideas, other ideas, plans, notes, drawings, original or creative materials, or other information about KEY FANTASY or our Services («Submissions«), whether submitted through the Services or otherwise, such Submissions are non-confidential as between you and KEY FANTASY and shall become the sole property of KEY FANTASY. KEY FANTASY shall own, and you hereby assign to KEY FANTASY, all right title and interest, including all intellectual property rights (except for those rights which assignment is forbidden by applicable law), in and to such Submissions, and KEY FANTASY shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. COPYRIGHT POLICY.If you are a copyright owner or an agent of a copyright owner and believe that anything on the Service infringes upon any copyright that you own or control, you may submit a notification using contact information as set forth below. KEY FANTASY has adopted a policy of terminating, in appropriate circumstances and at KEY FANTASY’s sole discretion, users who are repeat infringers of the intellectual property rights of third parties. Provided however that, KEY FANTASY also may limit or terminate access to the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Key Fantasy DA
http://keyfantasy.com/kontakt-oss/
You can help expedite the processing of your notification by providing the information and declarations set out in 17 U.S.C. §512(c)(3). Compliance with this statute is not a prerequisite for infringement notification unless you are located in the United States. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
14. THIRD PARTY CONTENT. Content from any Users, advertisers, and other third parties may be made available to you through the Services. Because we do not control third party content, you agree that unless due to intentional fault or gross negligence of KEY FANTASY, we are not responsible for any third party content, make no guarantees about the accuracy, currency, suitability, or quality of the information in third party content; and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful third party content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by KEY FANTASY.
15. ADVERTISEMENTS AND PROMOTIONS; THIRD PARTY PRODUCTS, SERVICES AND PROMOTIONS. KEY FANTASY may display advertisements and promotions from third parties on the Services or may otherwise provide information about or links to third-party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. KEY FANTASY is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third-party information on the Services.
16. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT KEY FANTASY AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES OR ANY INCOMPATIBILITY AMONG THE SERVICES, OTHER SERVICES, AND HARDWARE. THE SERVICES AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, KEY FANTASY AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the disclaimer of implied terms nor the exclusion or limitation of warranties in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
17. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT KEY FANTASY IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER. Further, KEY FANTASY cannot and does not promise or ensure that you will be able to access the online, multi-player, or downloadable portions of the Services whenever you want, and there may be extended periods of time when you cannot access such portions of the Services. KEY FANTASY does not ensure continuous, error-free, secure, or virus-free operation of any online, multi-player, or downloadable portions of the Services or continued operation or availability of any given server.
18. LIMITATION ON LIABILITY. EXCEPT FOR (1) DEATH OR PERSONAL INJURY CAUSED BY KEY FANTASY’S NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION BY KEY FANTASY, (3) INTENTIONAL ACTS OR GROSS NEGLIGENCE OF KEY FANTASY, (4) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY THE USE OF THE SERVICES, AND (5) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL KEY FANTASY OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR THE FAILURE TO PROVIDE SUPPORT SERVICES. IN THE EVENT OF SLIGHT OR ORDINARY NEGLIGENCE, OR BREACH OF KEY FANTASY’S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, KEY FANTASY’S LIABILITY SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KEY FANTASY, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR, IF HIGHER, THE AMOUNT PAID BY YOU TO KEY FANTASY FOR YOUR USE OF THE SERVICES. THIS SECTION 18 DOES NOT LIMIT ANY MANDATORY OR STATUTORY GUARANTEES THAT CANNOT BE LIMITED BY CONTRACT UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
19. BINDING ARBITRATION.
THIS SECTION 19 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED STATES OR CANADA, EXCLUDING THE PROVINCES OF QUEBEC AND ONTARIO.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS) WITH KEY FANTASY AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KEY FANTASY (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS).
a) You and KEY FANTASY agree to arbitrate any cause of action, claim, or controversy (“Dispute”) arising from or relating to this Agreement or your use of the Services, except that you and KEY FANTASY are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
b) In the event of a Dispute, you or KEY FANTASY must send to the other party a notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to Key Fantasy DA, either by mail at Ugleveien 23, 1615 Fredrikstad, Norway, Attention: Legal Department/Arbitration Notice, We will send any notice of Dispute to you at the contact information we have for you. You and KEY FANTASY will attempt to resolve a Dispute through informal negotiation within sixty (60) days from the date the notice of Dispute is sent. After sixty (60) days, you or we may commence arbitration. You and KEY FANTASY agree that any Dispute must be commenced or filed within one year of a Dispute arising; otherwise, the Dispute is permanently barred.
c) You and KEY FANTASY agree that any arbitration will occur in San Francisco County, California, and that arbitration will be conducted confidentially by a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall have working level competency in written and spoken Norwegian. You and KEY FANTASY agree that the arbitrator does not have the power to conduct a class arbitration or a representative action. The arbitration will be conducted pursuant to the AAA Consumer Arbitration Rules, which are incorporated into this Agreement. The AAA Consumer Arbitration Rules and other information about AAA are readily available at https://www.adr.org/, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. By entering into this Agreement, you either (1) acknowledge that you have read and understand the AAA Consumer Arbitration Rules or (2) waive reading the AAA Consumer Arbitration Rules and waive any claim that the AAA Consumer Arbitration Rules are unfair in any way.
d) You and KEY FANTASY agree that this Agreement evidences a transaction in interstate commerce, and, thus, the Federal Arbitration Act governs the interpretation and enforcement of this section.
20. CLASS ACTION WAIVER.
THIS SECTION 20 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED STATES OR CANADA, EXCLUDING THE PROVINCES OF QUEBEC AND ONTARIO.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND KEY FANTASY ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ACTION ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
21. GOVERNING LAW.
If you reside in the United States or Canada:
Any dispute between the parties arising from or relating to this Agreement, whether or not subject to arbitration, will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If you reside in a Member State of the European Union:
Any dispute between the parties arising from or relating to this Agreement will be governed by this Agreement and the laws of the State of your residence, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If you reside in any other location:
Any dispute between the parties arising from or relating to this Agreement will be governed by this Agreement and the laws of Norway, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
22. VENUE.
If you reside in the United States or Canada:
Any dispute between the parties arising from or relating to this Agreement not subject to arbitration, or where no election to arbitrate has been made, shall be decided by the state and federal courts in San Francisco County, California, and you and KEY FANTASY agree to submit to the personal jurisdiction of that court.
If you reside in a Member State of the European Union:
Any dispute between the parties arising from or relating to this Agreement shall be decided by the courts in your State of residence.
If you reside in any other location:
Any dispute between the parties arising from or relating to this Agreement shall be decided by the Fredrikstad District Court, and you and KEY FANTASY agree to submit to the personal jurisdiction of that court.
23. THIRD-PARTY BENEFICIARIES. Except as set forth in this section below, a person or entity who is not a party to this Agreement shall have no rights under any law to enforce any terms of this Agreement, regardless of whether such person or entity has been identified by name. Nothing in this section shall affect the rights of any permitted assignee or transferee of this Agreement. With respect to the Software installed and used on your iOS Devices, you acknowledge and agree that Apple, Inc. («Apple«) and its subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and KEY FANTASY only, and not Apple; (c) KEY FANTASY , and not Apple, is solely responsible for the Software and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Software; and KEY FANTASY , and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty; (f) in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
24. MISCELLANEOUS. This Agreement contains the entire agreement between you and KEY FANTASY regarding the use of the Services. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, except if such provision deprives the Agreement from its essential obligations. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of KEY FANTASY, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of KEY FANTASY to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. To contact KEY FANTASY, please follow the process described on our support page located at https://key-fantasy.com/contact/.