Our Terms

Terms of Service & Privacy Policy

Last updated May 24th, 2018

Ker-Chunk Games's products and services (collectively “Products” and each individually a “Product”), including the game “PrinceNapped,” the app “Rainbow Tree Stickers” and any other games or applications released by Ker-Chunk Games are copyrighted works belonging to and provided under license by Ker-Chunk Games, LLC. These Terms of Service ("Terms") govern your access to and use of the 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 A 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 ANY PRODUCT. USE OF EACH PRODUCT IS VOID WHERE PROHIBITED. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).


THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.


Access to our Products
You may use our Products only if you can form a binding contract with Ker-Chunk Games, and only in compliance with these Terms and all applicable laws. Certain features of the Products may require you to register for an account and provide certain information about yourself as prompted by the account registration form. When you create your Ker-Chunk Games account, including signing up to play by using a Facebook account or other third party authentication, you must provide us with accurate and complete information and you represent and warrant to us that any information you provide is accurate.


Any use of or access to our Products by anyone under the age of 13 is prohibited. If you are over the age of 13 and under the age or 18, you must have parental consent to access or use any of our Products. 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. Each of our Products 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 – these automatic upgrades may be disabled in your device’s settings, but doing so may cause the Product not to function properly.


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 Product 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.


The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Product, whether in whole or in part, or any content displayed in a Product; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of any Product; (c) you shall not access any Product in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of any Product may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of a Product shall be subject to these Terms. All copyright and other proprietary notices on any Product (or on any content displayed on such Product) must be retained on all copies thereof.


We reserve the right, at any time, to modify, suspend, or discontinue any Product (in whole or in part) with or without notice to you. You agree that Ker-Chunk Games will not be liable to you or to any third party for any modification, suspension, or discontinuation of any Product or any part thereof.


You acknowledge and agree that Ker-Chunk Games will have no obligation to provide you with any support or maintenance in connection with any Product unless expressly stated to the contrary in any documentation provided with such product.


Excluding any User Content that you may provide (defined below), you acknowledge that all rights, title and interest in and to each 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 any Product are owned by Ker-Chunk Games or its suppliers or licensors. Neither these Terms (nor your access to any Product) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth above. Ker-Chunk Games and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. You acknowledge that nothing herein shall be interpreted as restricting Ker-Chunk Games’s rights to use your User Content in connection with a Product or to aggregate any User Content with other data for use by the Ker-Chunk Games. As between you and Ker-Chunk Games, all rights in and to the aggregated data belong to Ker-Chunk Games.


How Ker-Chunk Games Can Use Your Content and Data
“User Content” means any and all information and content that a user submits to, or uses with, any Product (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. 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. Ker-Chunk Games is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.


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. 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. Ker-Chunk Games is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.


Our Privacy values
We value your privacy and believe in transparency to how we use your information. For more information on how Ker-Chunk Games collects and uses personal information, please review our Privacy Policy.


Banning
Ker-Chunk Games reserves the right to ban any users from accessing, playing, or using its Products, including its games, for violating these Terms, for violating its Harassment Policy or Acceptable Use 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 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 Products, our social media channels, or using our e-mail accounts, Ker-Chunk Games can and will ban you from using the applicable Product, ban you on social media, and prevent you from accessing our other or 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 defamatory, 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.


Acceptable Use Policy
You agree not to use any Product to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party or our Harassment Policy.


In addition, you agree not to: (i) upload, transmit, or distribute to or through any of our Products any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through any Product unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use any Product to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Products, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to any Product (or to other computer systems or networks connected to or used together with the Products), whether through password mining or any other means; or (vi) use software or automated agents or scripts to produce multiple accounts on any Product, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) any Product (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from this site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).


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.


Copyright Policy
Ker-Chunk Games respects the intellectual property of others and asks that users of our Products do the same. In connection with our Products, we have adopted and implemented a policy respecting copyright law that hat provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Products who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Products, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (1) your physical or electronic signature; (2) identification of the copyrighted work(s) that you claim to have been infringed; (3) identification of the material on our services that you claim is infringing and that you request us to remove; (4) sufficient information to permit us to locate such material; (5) your address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Our designated Copyright Agent can be reached at copyright@ker-chunk.com.


Virtual Goods and Money
Our games may include virtual consumable virtual goods such as crystals, poofs, lives, amulets or other items or services for use with our Games (“Virtual Goods"). Some Virtual Goods can be exchanged in the game of other Virtual Goods as virtual currency (“Virtual Currency”) If you are over 18 years old you may be able to buy Virtual Goods or Virtual Currency. You agree that once purchased Virtual Goods and Virtual Currency have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Goods or Virtual Currency only from us, and not from any third party. You agree that Virtual Goods and Virtual Currency are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods or Virtual Currency to anyone else. Virtual Currency is not currency. Virtual Currency has no cash value.


You do not own Virtual Goods or Virtual Currency but instead you purchase a limited personal revocable license to use them - any balance of Virtual Goods or Virtual Currency does not reflect any stored value.


You agree that sales by us to you of Virtual Goods or Virtual Currency are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods or Virtual Currency from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Currency to you promptly once your purchase is complete and therefore your right of withdrawal is lost. For the purposes of this paragraph, a "purchase" is complete at the time our payment processors’ servers validate your purchase and the applicable Virtual Goods or Virtual Currency are successfully credited to your account on our servers.


If you live in the European Union, we will provide you with a VAT invoice only if we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.


We reserve the right to control, regulate, change or remove any Virtual Goods or Virtual Currency. We may revise the pricing for Virtual Goods or Virtual Currency offered through the Products at any time. We may limit the total amount of Virtual Goods or Virtual Currency that may be purchased at any one time, or limit the total amount of Virtual Goods or Virtual Currency that may be held in your account in the aggregate. You are only allowed to purchase Virtual Goods or Virtual Currency from us or our authorized partners through the Products, and not in any other way.


Depending on your platform, any Virtual Goods purchased will be purchased from your platform provider and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.


When you purchase items via our mobile apps (such as those you can purchase in the App Store, on Facebook or on Google Play) we do not collect or store any payment information from you.


If we suspend or terminate your account in accordance with these terms you will lose any Virtual Goods and Virtual Currency that you may have and we will not compensate you for this loss or make any refund to you.


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”.


Third Party Links and Ads, Other Users
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.


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


KER-CHUNK GAMES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.


Limitation on Liability.
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).


Dispute Resolution
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 under the rules of Judicial Arbitration and Mediation Services (“JAMS”). Unless you and Ker-Chunk Games agree otherwise, the arbitration will be conducted in Atlanta, Georgia. The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys' fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Georgia, without giving effect to its conflict of laws rules..


All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.


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.


Apple Device and Application Terms.
If you are accessing one of our Products via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (each an “Application”), the following shall apply:


Both you and Ker-Chunk Games acknowledge that these Terms are concluded between you and Ker-Chunk Games only, and not with Apple, and that Apple is not responsible for the Application or the content therein;


The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Application;


You will only use the Application in connection with an Apple device that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service;


Both you and Ker-Chunk Games acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;


In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and Apple will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will, as between Apple and Ker-Chunk Games, be Ker-Chunk Games’s sole responsibility;


Both you and Ker-Chunk Games acknowledge that., as between Ker-Chunk Games and Apple, Ker-Chunk Games, not Apple, is responsible for addressing your claims or the claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;


Both you and Ker-Chunk Games acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Ker-Chunk Games, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;


You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;


Both you and Ker-Chunk Games acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and


Both you and Ker-Chunk Games acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.


Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.


Copyright/Trademark Information.
Copyright © 2018 Ker-Chunk Games, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed in the Products are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks


Contact information
Terms of Service Inquiries: policies@ker-chunk.com.


Privacy Policy

This privacy policy (“Policy”) describes how Ker-Chunk Games LLC collect, use and share personal information of users of this site or our Products. Any capitalized terms not otherwise defined in this Policy have the meaning assigned to them in our Terms of Service. We use common industry standards to safeguard the data we collect. This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements.


WHAT WE COLLECT
We get information about you in a range of ways.


Information You Give Us. If you provide them to us, we may collect your name and email address. We also collect any other information you directly give us in our Products.


Facebook. If you register for use of one of our Products through Facebook, we may collect from Facebook your‎ name, email address, birthday, friends list, profile picture, and Facebook unique installation ID.


Information We Get From Others. We may get information about you from other sources. We may add this to information we get from the Products.


Information Automatically Collected. We automatically log information about you and your device. For example, when using our Products, we log your device’s operating system type, language, device type, browser type (where applicable), your behavior in the game (if applicable), and purchasing behavior. When using our site, we may collect information about the website you visited before browsing to our site, items you viewed, and how long you spent on a particular item. On either our site or in our Products, we or third party partners may collect access times, and information about your use of and actions on our Products. In certain Products, we or our third party partners may also collect your mobile device’s IMEI or Advertising IDs (such as DeltaDNA’s IDFA or IFA).


Cookies and Persistent Tracking. On our website, we may log information using "cookies" tracking pixels or other persistent tracking technologies. Cookies are small data files and tracking pixels are small image files. Both are stored on your device by a website, app or service.

In our Products or on our website, we may use these or other types of persistent data trackers that track user activity across multiple platforms or sites, however, we do not use persistent data trackers in the following Products: Rainbow Tree Stickers or any products labeled as “kid’s” or “children’s”. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) or other tracking technologies (such as pixel trackers). This type of information is collected to make the Service more useful to you and to tailor the experience with us to meet your special interests and needs.


Ker-Chunk.Com Cookie Declaration

USE OF PERSONAL INFORMATION
We use your personal information to:


operate, maintain, and improve our sites, products, and services.
process and deliver contest entries and rewards.
respond to comments and questions and provide customer service.
send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
link or combine user information with other personal information.
protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
to enforce our Terms of Use; and
provide and deliver products and services customers request.


We may also use Advertising IDs or share them with third parties who may use them to:

  • serve advertisements within an app,
  • attribute installs to a previously served ad,
  • attribute a post-install action such as X number of launches, a subscription, or an in-app purchase.


SHARING OF PERSONAL INFORMATION
We may share personal information:


With your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies. With those who need it to do work for us, including, without limitation, providers of in app advertising (if any) such as DeltaDNA. Any information shared with DeltaDNA will be subject to the DeltaDNA privacy policy.


When we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.


For legal, protection, and safety purposes, including, but not limited to (i) comply with laws, (ii) respond to lawful requests and legal processes, (iii) protect our rights and property or that of our agents, customers, and others (including enforcing our agreements, policies, and terms of use), and (iv) in an emergency (this includes protecting the safety of our employees and agents, our customers, or any person).


We may also share aggregated and/or anonymized data with others for their own uses.


INFORMATION COLLECTED FROM CHILDREN
We do not knowingly collect personal information from children without parental consent. Users must be 13 years old or older to use the Service, and users under 18 must have parental consent. If we learn that we have inadvertently obtained information from a child, or done so without parental consent, we will promptly delete the information.


THIRD PARTY SITES AND SERVICES
The Service may contain links to third-party websites, products or services. The Service may also offer content from third parties. Information collected by third parties is governed by those third party’s privacy policies.


LOCATION OF SERVERS
Our servers are located in the United States of America. If you are accessing the site and service from outside the United States, please be advised that through your continued use of the site or service, which is governed by U.S. law and this Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer and the maintenance and processing of such information in the United States.


INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.


You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.


You can typically remove and reject cookies from our Service with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Service works for you.


CONTACT INFORMATION. We welcome your comments or questions about this privacy policy. You may also contact us at policies@ker-chunk.com. If you would like to have your game data removed please e-mail forgetme@ker-chunk.com with your game user ID in the subject header.


CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we make any changes, we will change the Last Updated date above.