Our Terms

Terms of Service & Privacy Policy

Last updated January 23rd, 2016

Ker-Chunk Games's products and services, including the game “PrinceNapped,” are provided by Ker-Chunk Games, LLC. These Terms of Service ("Terms") govern your access to and use of Ker-Chunk’s products and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By using our Products, you agree to be bound by these Terms and by our Privacy Policy.


BY INSTALLING, USING OR OTHERWISE ACCESSING THE PRODUCT, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.


Who can use PrinceNapped
You may use our Product only if you can form a binding contract with Ker-Chunk Games, and only in compliance with these Terms and all applicable laws. When you create your Ker-Chunk Games account, including signing up to play by using your Facebook account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Our Product is software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade this Product, and these Terms will apply to such upgrades.


Our license to You
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Product.


During the Account creation process, you may be required to select a password (“Login Information”). If you are using Facebook to play Ker-Chunk Games products, Ker-Chunk Games does not collect or store your Facebook password. You shall not share the Account or the Login Information for your Ker-Chunk Games account, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. If you choose to create an account using Facebook or to play the game on Facebook, you shall not share the Account or Login Information for your Facebook account, nor let anyone else access your Facebook account or do anything else that might jeopardize the security of your Facebook Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Ker-Chunk Games and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.


Commercial Use of PrinceNapped
If you want to use our Product for commercial purposes you must create a business account and agree to our Business Terms of Service.


How Ker-Chunk Games Can Use Your Content and Data
You grant Ker-Chunk Games a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content and User Data on Ker-Chunk Games’ products, servers, databases, and systems solely for the purposes of operating, developing, providing, and using the Ker-Chunk Games’ Product. Nothing in these Terms shall restrict other legal rights Ker-Chunk Games may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.


How long we keep your content and data
Following termination or deactivation of your account, or if you remove any User Content or data from Ker-Chunk Games’ Product, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Ker-Chunk Games and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Ker-Chunk Games’ Product.


Our Privacy values
We value your privacy and believe in transparency to how we use your information. Ker-Chunk Games collects personal information made publicly available by users on Facebook only if users agree to allow Ker-Chunk Games access to this information via Facebook permissions.


Ker-Chunk Games requests your public profile information to function and to create your user account. This provides our systems with your name, your Facebook ID, your gender, your age range, and your location that you have made public on your Facebook profile. In this request, we only collect what you have made public information. We use this to create your account, to improve our overall user experience, and to troubleshoot any problems you may have as a customer.


Ker-Chunk games also requests your friend data if signed in with Facebook. This includes your friends’ publicly available profile names. We use friend names to allow you to compete against your friends in leaderboards, ask your friends for gifts, and engage in meaningful competitive experiences.


Ker-Chunk Games may also collect your e-mail and date of birth provided only if you accept these permissions separately. You do not need to accept either of these permissions in order to play PrinceNapped with friends. This information is used to send occasional Product updates we think you may be interested in, birthday specials, and important announcements.


Banning
Ker-Chunk Games reserves the right to ban any users from accessing, playing, or using its Products, including its games, for violating this Privacy Policy, violating these Terms, for violating its Harassment Policy, for cheating, and for any reason not aligned with our company goals. Cheating includes temporarily altering code or injecting code in your browser using your browser’s console in order to manipulate or attempt to manipulate game data as well as creating fake accounts on Facebook. These actions are not only a violation of our terms, but a violation of the terms of our 3rd Party Providers and will get you banned. Should your account be banned for any of the aforementioned reasons, Ker-Chunk Games is under no obligation to and will not refund any costs you have incurred to date while playing our games or using our Products.


No Tolerance Harassment Policy
Ker-Chunk Games has a no-tolerance policy for harassment of its employees, partners, users, customers, and players. If you are found to be harassing any employee, partner, other user, customer, or player using our Product, our social media channels, or using our e-mail accounts, Ker-Chunk Games can and will ban you from playing the Product, ban you on social media, and prevent you from accessing our future Products. In extreme cases, Ker-Chunk Games will consider all available remedies, including contacting local authorities. Harassment includes:


  • Using Content from our Product, the likeness of our employees, partners, other users, names, other users’ Content, IP, and Product images, in a context that is def amatory, slanderous, offensive, or considered gender or racial slur.
  • Spamming our social media channels with content that is unrelated to the Products we create and our company mission of creating games for diverse audiences and to be played by diverse people.

Feedback You Provide
We value hearing from our users, and are always interested in learning about ways we can make Ker-Chunk Games more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Ker-Chunk Games does not waive any rights to use similar or related Feedback previously known to Ker-Chunk Games, or developed by its employees, or obtained from sources other than you.


Ker-Chunk Games has adopted and implemented the Ker-Chunk Copyright Policy in accordance with the Digital Millennium Copyright Act. All rights, title and interest in and to the Product (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using PrinceNapped, and the PrinceNapped game are owned by Ker-Chunk Games. Ker-Chunk Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Product.


Security
We care about the security of our users. While we work to protect the security of your content and account, Ker-Chunk Games cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by e-mailing customersupport@ker-chunk.com with the subject “Security." Please provide your User ID. Your User ID can be found on each game’s Facebook link under the game’s play area next to “UID”.


Our Product may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Ker-Chunk Games. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Ker-Chunk Games, you do so at your own risk and you agree that Ker-Chunk Games will have no liability arising from your use of or access to any third-party website, service, or content.


Ker-Chunk Games may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these Terms.


If you use our Products for commercial purposes without establishing a business account, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Ker-Chunk Games and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Product, (b) your User Content, or (c) your breach of any of these Terms.


The Product and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.


KER-CHUNK GAMES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.


Ker-Chunk Games takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, KER-CHUNK GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL KER-CHUNK GAMES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).


For any dispute you have with Ker-Chunk Games, you agree to first contact us and attempt to resolve the dispute with us informally by reaching out to customersupport@ker-chunk.com. If Ker-Chunk Games has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Ker-Chunk Games agree otherwise, the arbitration will be conducted in Atlanta, Georgia. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Ker-Chunk Games will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.


ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KER-CHUNK GAMES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


These Terms shall be governed by the laws of the State of Georgia, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court or the United States District Court located in Atlanta, Georgia for any actions not subject to Arbitration.


Our Products are controlled and operated from the United States, and we make no representations that they are appropriate for use in other locations. Additionally, we make no representations that they are available for use outside of the United States, except for in select territories where they have been made available to users on the platforms where our games are served.


Notification Procedures and Changes to These Terms
Ker-Chunk Games reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Product after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Product.


Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ker-Chunk Games without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.


Entire Agreement/Severability
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Ker-Chunk Games in connection with the Product, shall constitute the entire agreement between you and Ker-Chunk Games concerning the Product. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.


No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ker-Chunk Games’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.