Terms of Service and Licensing Agreement for Kru Interactive Games

Terms
Please read this license before agreeing to its terms and thereby gaining access as a Player to Kru Interactive, Inc., ("Kru Interactive"), and Kru Interactive Inc.'s online games, ("Kru Interactive Games"). Kru Interactive grants to you a limited, non-exclusive license to use Kru Interactive Games pursuant to the terms and conditions contained in this Agreement.

Payment
You represent that you are at least 18 years old, that you are legally able to enter into this Agreement and that you are the authorized user of the credit card or other method of payment provided to Kru Interactive to register you to play within Kru Interactive Games. Registering an account by credit card without permission of the cardholder is against the law. In so doing you are risking cancellation of your account and prosecution to the fullest extent of the law. You agree to be responsible for and to pay for all activities conducted through your account and for all charges incurred with respect to your account in accordance with the current rate schedule then in effect. Upon an on-line published notice, Kru Interactive retains the right, at its sole discretion, and without prior notice, to modify this Agreement, the fees paid by you, and any portion of Kru Interactive Games. We provide trial services for Kru Interactive Games, thus we hold 'no refund' policy.

Conduct
In short you, the Player, are a member of a virtual community. Respect the other members of this virtual community as much as you would those of a physical community. Respect others as you respect yourself. Player may not engage in any conduct or communication while using Kru Interactive Games that restricts or inhibits any other Player from using or enjoying Kru Interactive Games. Kru Interactive reserves the right to terminate Player's membership if it determines, in its sole discretion, that Player has engaged in unacceptable conduct. Kru Interactive reserves the right, but not the responsibility, to restrict conduct which Kru Interactive deems, in its sole discretion, to be harmful to individual members, damaging to Kru Interactive Games, or in violation of Kru Interactive's or any third party's rights. Kru Interactive may prohibit or delete conduct, communication or content transmitted on Kru Interactive services that is deemed to be in violation of applicable laws or is harmful to other members, the Kru Interactive service community or the rights of Kru Interactive in general. Player acknowledges, however, that communication over Kru Interactive Games often occurs in real-time and Kru Interactive cannot, and does not intend to, screen communication in advance.

Prohibited Conduct:

Player may not use Kru Interactive Games to:
1. Harass, threaten or embarrass another Player in Kru Interactive Games or to cause distress, unwanted attention or discomfort of such Player, or any other person or entity. Kru Interactive does not condone harassment in any form and may suspend or terminate the account of any Player who harasses others.
2. Transmit any harmful, threatening, abusive, or harassing content.
3. Imprison, detain or abuse another player without the other player's explicit consent.
4. Impersonate any person, including, but not limited to, Kru Interactive's employees or assistant of Kru Interactive. Impersonation of Kru Interactive staff shall be grounds for immediate account termination.
5. Transmit unsolicited advertising, promotional materials, or other forms of solicitation.
6. Transmit chain letters or pyramid marketing schemes.
7. Use of material which is subject to the rights of any person or entity without the express permission of such rights holder is prohibited, and will result in the termination of Player's membership and possible civil and/or criminal liability.
8. Post to many bulletin boards at once and/or send multiple unsolicited emails to a single address sometimes referred to as "spamming," is prohibited. Kru Interactive may take action on Player's account if any of the following offenses is reported: (a) Sending unsolicited mail to more than 10 people or (b) Sending more than two (2) unsolicited emails to a single email address. Repeated spamming will result in account termination.
9. Advancing a persona's points without being present. This is known as 'robot' play or 'auto-hunting' and is not tolerated

YOU FURTHER AGREE TO ACCEPT KRU INTERACTIVE'S ACTIONS FOR ANY BEHAVIOR ENGAGED IN BY YOU WHILE USING YOUR ACCOUNT.

Account Ownership
Kru Interactive is the owner of Kru Interactive Games and the Client Software and the copyrights, trade secrets, patents and other intellectual property rights in the Client Software. Kru Interactive owns all characters, objects, creatures and rights to change said entities at will. No game character or object is guaranteed to be consistent or remain within your use. One account is for one person. Only one person is allowed to use the characters on any given account. Multiple characters on an account cannot be played simultaneously. Selling, trading, transferring, and assigning of accounts in any way is strictly prohibited and will result in termination of the account and is subject to termination of Kru Interactive Games membership.

Ownership of Kru Item Shop Assets
Kru Interactive retains exclusive ownership of all items, assets, and other intellectual property displayed in the Kru Item Shop. The payment using Kru Money (a.k.a Kruna) for the items will grant you a limited time usage of the items you checked out. Kru Interactive will not reimburse or refund any items claimed lost, stolen, traded, or in any way transferred to another player. All items licensed through the Item Shop will automatically be reverted back to Kru Interactive once the limited time is up or upon termination of the account, whichever comes first.

General
1. You agree to use the Client Software solely for the purpose of accessing and playing within Kru Interactive Games.
2. You acknowledge that the Client Software contains trade secrets, copyrighted works and other proprietary materials of Kru Interactive. You further agree not to make any unauthorized copies of the Client Software or to decompile, reverse engineer or, in any other manner, disassemble or modify the Client Software
3. You will not attempt (nor will you assist a third party to attempt) to "hack", access or monitor any Kru Interactive Internet computing facility (e.g. Kru Interactive server) by any means other than those approved in writing by Kru Interactive. The only approved method of accessing a Kru Interactive Games server is via an unmodified copy of the Client Software as distributed by or for Kru Interactive.
4. You agree not to attempt to transfer any game personage to another person. ANY CHARACTER PLAYED BY YOU CANNOT BE TRANSFERRED TO ANOTHER PERSON. No Game personage may be transferred to another person. The game persona is non-transferable
5. The only authorized and acceptable source for game account coupons (also known as Authorization Serial Codes) and Item Shop Coupons (also known as Kruna Coupons) is Kru Interactive. These Coupons are not intended for the purpose of trade between players for rare items/labor/favors or ANY OTHER PURPOSE than their authorized use (the creation or renewal of an account). Players obtaining coupons from other players do so entirely at their own risk. ANY COUPON that is fraudulently purchased will result in the BLOCKING of any account that coupon is used on WITHOUT EXCEPTION. Anyone found PURCHASING codes fraudulently (stolen credit cards, credit card generators, etc.) will be reported to the appropriate authorities and prosecuted to the fullest extent of law.
6. Credit card fraud will not be tolerated. Any Kru Interactive game account created or renewed through the fraudulent or unauthorized use of a credit card will be blocked without exception.
7. Please be aware of in-game rules. By not following these rules, you risk in-game penalties and account suspension or blockage.

Parental Guidance
Parents may feel that some content within Kru Interactive Games is inappropriate for pre-teen players. In addition, while Kru Interactive may, in its sole discretion, choose to act upon inappropriate use of "chat" and game play within Kru Interactive Games, it is always possible that, at any time, there may be language or other material parents may deem inappropriate for their children. You understand that Kru Interactive has expressed its rules in this Agreement regarding appropriate game play; however, Kru Interactive cannot guarantee that other Kru Interactive Games players will not provide content or access to content that parents or guardians may find objectionable. Kru Interactive does not, as a matter of policy, screen or "police" the content of the materials or communications transmitted by each Kru Interactive Games player.

Privacy Disclaimer
We collect and aggregate in-game data to monitor, manage and improve system ("Activity Data"). Activity Data may include, but not limited to, specific and general information about your computer hardware, software and Internet connection, and your activities and communication in the games we provide. We observe, collect, aggregated or not, and analyze Activity Data to monitor game status, troubleshoot, and improve user experience and protect the games and other players. Activity Data is not personally identifiable and distinguished from your personally identifiable data that you provided which you have certain rights to. Please refer to our separate Privacy Policy regarding your personally identifiable data. You understand that you have NO EXPECTATION OF PRIVACY regarding the communications made by you in Kru Interactive Games and that all communications made by, or received from, you may be monitored by Kru Interactive or its representatives.

Warranties and Limitations of Liability
You accept the Client Software "as is." Kru Interactive makes no warranty on the distribution medium of the Internet. Kru Interactive, therefore, makes no warranty that the Client Software received via the Internet is free from defects. You agree that the Internet is prone to occasional errors and do not hold Kru Interactive responsible for any errors you encounter during acquiring the Client Software, using the Client Software, or during connection to Kru Internet Games server. This may include but is not limited to lag that the Internet experiences during any period of heavy traffic and Kru Interactive Games Server instability. You agree that Kru Interactive is not responsible for third-party service faults, which may include but is not limited to Internet Service Provider connection and electrical power to Kru Interactive Games Server's location. Kru Interactive neither assumes nor authorizes any other person or entity to assume for Kru Interactive (or any related or affiliated entity) any other liability in connection with Kru Interactive Games. In no event will Kru Interactive be liable for any incidental, consequential (including loss of profits), or special damages for any loss of data resulting from the purchase, possession, use of or inability to use the Client Software, even if Kru Interactive has been advised of the possibility of such damages or loss.

Your Indemnity
Upon request by Kru Interactive, you agree to indemnify and hold Kru Interactive and its affiliated companies and licensees harmless, and, at Kru Interactive's request, defend Kru Interactive and its affiliated companies and licensees from all claims, losses, liabilities, damages, costs and expenses, (including reasonable attorneys' fees and related costs) arising from breach of this Agreement, by use of the Client Software, or in connection with any transmission or other action taken by or through your Kru Interactive Games account of any content, information or other communication. Kru Interactive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to this indemnification.

Termination
Kru Interactive may terminate your account at any time, with or without cause. The service charge paid by you, if any, will not be refunded to you if Kru Interactive terminates your account for any reason, or if you cancel it.

Applicable Law
To the extent there is any conflict between this Agreement and any other agreement between you and Kru Interactive, this Agreement will control. If any part of this Agreement were held invalid, such invalidity shall not affect the validity of the remaining potions of the Agreement. The laws of the State of California , excluding that text2 of law relating to choice of laws, and of the United States of America shall govern this Agreement.

Dispute Resolution/Arbitration
In the event of any claim, dispute, or controversy arising out of, in connection with, or relating to this Terms of Service and Licensing Agreement, the matter will be submitted by the parties to binding arbitration before an arbitrator agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, to an arbitrator appointed by the American Arbitration Association, in the State of California, under the commercial arbitration rules then in effect for that Association. Arbitration shall be limited to the claims by the parties to this Agreement and may not consider or resolve collective, representative, or class action claims by non-parties, including other uses of Kru Interactive Games. The outcome of such arbitration will be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction. This provision shall not, however, prohibit either party from seeking an injunction or other equitable relief in any court of competent jurisdiction in connection with the enforcement of such party’s intellectual property rights or the confidentiality provisions of this Agreement. In the event of a default under this Agreement, including in any arbitration related thereto, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation reasonable attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to its provisions, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation reasonable attorney’s fees, at the trial level and on appeal.