Terms of Service

Terms of Service for Kuber Games

1. Introduction

Welcome to Kuber Games ("Kuber Games", "Platform", "we", "our", "us"). These Terms of Service ("Terms") govern your use of the Kuber Games gaming platform, including our website located at www.kuber-game.com (the "Site"), our applications, and all related services (collectively, the "Services"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you are strictly prohibited from using the Services.

2. Use of the Services

Eligibility:

• Age Requirement: The Services are intended for users who are at least 18 years of age or the age of majority in their jurisdiction, whichever is higher. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms and participate in gaming activities.
• Legal Compliance: You are solely responsible for ensuring that your access to and use of the Services is legal and permitted under the laws of your jurisdiction. Kuber Games makes no representation or warranty that the Services are legal or permitted in any specific jurisdiction. It is your responsibility to verify the legality of using the Services in your location.

Account Registration:

• To access certain features of the Services, including participation in games, you may be required to register for an account.
• You agree to provide accurate, current, and complete information during the registration process and to promptly update such information to maintain its accuracy, currency, and completeness.
• You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You are fully responsible for all activities that occur under your account, whether or not authorized by you. Notify us immediately of any unauthorized access or suspected breach of security.
• Kuber Games reserves the right to refuse registration to or terminate the account of any individual at its sole discretion.
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Prohibited Conduct:
You agree to use the Services only for lawful purposes and in accordance with these Terms. You are strictly prohibited from using the Services in any way that could:

• Violate Laws and Regulations: Breach any applicable international, national, state, regional, or local law, statute, ordinance, or regulation, including but not limited to laws related to gambling, online gaming, financial transactions, and anti-money laundering.
• Infringe Rights: Infringe upon or violate our intellectual property rights or the intellectual property rights of others, including copyright, trademarks, patents, or trade secrets.
• Harm the Services or Others: Interfere with, disrupt, or damage the operation of the Services or the servers or networks used to make the Services available. This includes transmitting viruses, worms, malware, or any other malicious code.
• Unauthorized Access: Attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, or to any of our servers, by hacking, password "mining," or any other illegitimate means.
• Misuse of Accounts: Use another user's account without permission, or allow others to use your account.
• Engage in Fraudulent Activity: Participate in any form of cheating, collusion, fraud, or any other activity intended to gain an unfair advantage in any game or on the Platform.
• Disruptive Communication: Engage in spamming, flooding, soliciting, or any other disruptive or harmful communication on the Services.
• Data Mining: Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
• Reverse Engineering: Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code, algorithms, or underlying ideas or algorithms of the Services.
• Harm Minors: Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

3. Intellectual Property
All content, including but not limited to text, graphics, images, software, code, trademarks, service marks, logos, and other intellectual property displayed on or made available through the Services (collectively, "Platform Content") are the exclusive property of Kuber Games or its licensors and are protected by copyright, trademark, and other intellectual property laws.

• Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Platform Content solely for your personal, non-commercial entertainment purposes, strictly in accordance with these Terms.
• No Unauthorized Use: You are expressly prohibited from using, copying, reproducing, modifying, distributing, displaying, performing, or creating derivative works of any Platform Content without our prior express written consent. This includes, but is not limited to, any unauthorized use of our trademarks or logos in any manner that is likely to cause confusion.

4. User Content

• The Services may allow you to submit, post, upload, or otherwise make available content, including text, messages, feedback, and other materials ("User Content"). However, Kuber Games is not obligated to host or display User Content and may remove or modify User Content at its sole discretion.
• License to User Content: By submitting User Content, you grant Kuber Games a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the Services and our business, in any media formats and through any media channels now known or hereafter developed, without any obligation to you for compensation or attribution.
• Your Responsibility for User Content: You are solely responsible for all User Content you submit and the consequences of its submission. You represent and warrant that:
• You own or have the necessary licenses, rights, consents, releases, and permissions to grant Kuber Games the license to your User Content.
• Your User Content is accurate and complete.
• Your User Content does not violate these Terms, any applicable law, or the rights of any third party, including privacy rights, publicity rights, and intellectual property rights.   
• Your User Content is not unlawful, defamatory, libelous, harassing, threatening, abusive, obscene, indecent, or otherwise objectionable.
• No Endorsement of User Content: Kuber Games does not endorse any User Content submitted by any user or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.  

5. Termination
Kuber Games reserves the right to terminate or suspend your access to the Services, in whole or in part, temporarily or permanently, with or without prior notice and without liability to you, for any reason whatsoever, including but not limited to:

•         Your breach of these Terms.
•         Suspected fraudulent, abusive, or illegal activity associated with your account.
•         Technical or security reasons.
•         Account inactivity.
•         At our sole discretion, for any reason or no reason at all.

Upon termination, your right to use the Services will immediately cease. We may, but are not obligated to, delete your account and any User Content associated with it. Termination may result in the forfeiture of any virtual currency, virtual items, or winnings in your account, subject to applicable law and our sole discretion. Sections 3, 6, 7, 8, and 10 of these Terms, as well as any licenses granted to Kuber Games, shall survive termination.   

6. Disclaimers and Limitation of Liability 
Disclaimer of Warranties:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. KUBER GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  

WITHOUT LIMITING THE FOREGOING, KUBER GAMES DOES NOT WARRANT THAT:

•     THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
•     THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
•     THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
•     THE QUALITY OF ANY GAMES, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
•     ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KUBER GAMES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUBER GAMES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:  

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR
• ANY DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

(A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;
(B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
(C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
(D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;
(E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES;
(F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR
(G) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY GAMES OFFERED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY FINANCIAL LOSSES.  

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KUBER GAMES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT YOU PAID, IF ANY, TO KUBER GAMES IN THE [INSERT TIME PERIOD, E.G., SIX (6) MONTHS] PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR [INSERT SMALL FIXED AMOUNT, E.G., ONE HUNDRED (100) US DOLLARS], WHICHEVER IS GREATER.  THE LIMITATIONS OF THIS SECTION SHALL APPLY REGARDLESS OF WHETHER KUBER GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, KUBER GAMES'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Indemnification

You agree to indemnify, defend, and hold harmless Kuber Games, its affiliates, officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with:

•     Your access to or use of the Services.
•     Your User Content.
•     Your violation of these Terms.
•     Your violation of any applicable law or regulation.
•     Your violation of any rights of another party.   

Kuber Games reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kuber Games in asserting any available defenses.  

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law principles.
Binding Arbitration: To the fullest extent permitted by applicable law, any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including the interpretation, validity, breach, or termination thereof, shall be resolved by binding arbitration administered by [Choose Arbitration Organization, e.g., the American Arbitration Association] in accordance with its [Choose Relevant Arbitration Rules, e.g., Commercial Arbitration Rules] then in effect. The arbitration shall be conducted in [Choose a City and State/Country for Arbitration Venue, e.g., New York, New York]. The language of the arbitration shall be English.   

Waiver of Class Actions: YOU AND KUBER GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Kuber Games agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Exception - Injunctive Relief: Notwithstanding the agreement to arbitrate above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Jurisdiction: To the extent the arbitration agreement is found to be unenforceable, you agree that any legal suit, action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the federal or state courts located in [Choose a City and State/Country for Court Jurisdiction, e.g., New York, New York], and you irrevocably submit to the jurisdiction of such courts.  

9. Changes to These Terms

Kuber Games reserves the right to modify these Terms at any time, in its sole discretion. If we make material changes to these Terms, we will endeavor to provide reasonable notice of such changes, such as by posting the updated Terms on the Site, through in-app notifications, or via email to the address associated with your account.
Your Responsibility to Review: It is your responsibility to review these Terms periodically for changes. The "Last Updated" date at the top of these Terms will indicate when the latest revisions were made.
Continued Use Constitutes Acceptance: Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Services.   

10. General Provisions
Entire Agreement: These Terms constitute the entire agreement between you and Kuber Games regarding the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Kuber Games.   

Force Majeure: Kuber Games shall not be liable for any failure to perform or delay in performance under these Terms for causes beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Contact Information: info@kuber-game.com