Please read these Terms of Service carefully before using King of Gores Services.
By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with King of Gores ("KoG"). These Terms of Service apply to all users of the "KoG Network" which is defined as, but is not limited to the following: 1) the KoG for Teeworlds, 2) the KoG.tw website, (3) each of the modifications hosted on "KoG Network" available on the internet, and (4) all features and functionalities as well as components of each of them, whether they are accessed through a computer, a mobile device or any compatible electronical device. If you do not completely agree to these Terms of Service then you must not use any of our Services.
Account means any account provided by KoG that you create to access certain Services.
Dispute means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and KoG, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
Intellectual Property Rights means any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
Notice means a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address, and will be effective upon receipt.
Privacy Policy means KoG policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
Service (or Services) means the KoG Network and any other website, game, device, platform, content, and other related products and services provided by KoG and KoG Affiliates, including without limitation any 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 a KoG game client, and KoG game clients and server software.
Terms of Service (or Terms) means the terms and conditions in this agreement.
User Content means any and all data that you upload, transmit, or create through the Services, including without limitation character skins, buildings, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.
KoG means, King of Gores. References to “Us,” “We,” or “Our” means KoG, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. KoG does not include KoG Affiliates or third parties (analytics or ad tech companies, or similar organizations).
KoG Affiliate (or KoG Affiliates) means KoG's third-party content providers, distributors, licensees, or licensors.
The Services are owned or licensed by KoG and are protected by Intellectual Property Rights and other proprietary rights laws. KoG reserves all rights, titles, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of KoG.
Subject to your agreement and continuing compliance with these Terms and any other relevant KoG policies, KoG grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose.
You may access the KoG server through your KoG One Account ("Account") and you agree to be bound by these Terms. Should you share an Account with other users, this agreement applies to all users of said Account. It is the responsibility of the Account owner to ensure that all users have read and will comply with these Terms. You acknowledge that if your Account is deleted, you may lose access to any information associated with that Account. If you wish to delete your Account, please alert KoG by sending Notice to the following contact: support@kog.tw
Any use or aiding and abetting in other's use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at KoG's sole judgment and deletion of your Account, or may subject you to liability for violations of law. You acknowledge you will not directly or indirectly do the following:
YOU ACKNOWLEDGE THAT KOG AND KOG AFFILIATES ARE NOT LIABLE (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES. THE SERVICES ARE PROVIDED BY KOG TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. KOG MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KOG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOG DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF KOG AND/OR KOG AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO KOG AND/OR KOG AFFILIATES IN THE ONE HUNDRED EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID KOG OR ANY KOG AFFILIATE ANY AMOUNT IN THE ONE HUNDRED EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KOG AND/OR ANY KOG AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A "TERRORIST SUPPORTING" COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, KOG AND KOG AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon KoG's receipt of Notice from you. This does not apply to any Dispute that KoG has with You.
KoG can be reached at support@kog.tw, or contact the KoG Support
Team directly through Discord.
For urgent requests please write an email to admin@kog.tw
Any dispute relating to or arising from this contract, that is not subject to mandatory provisions on different terms at the place of the mediation proceedings, including mediations between parties belonging to different jurisdictions or parties to domestic disputes, shall be submitted to a procedure of mediation conducted by a sole mediator selected, appointed and proceeding in accordanceunder with the Mediation Rules of the European Centre of Arbitration and Mediation having its seat in Strasbourg, – which Rules are in force at the date of filing of the application for mediation – conducted by a sole mediator selected and appointed by its local branch competent by territory – if any – and if not by the Centre itself and proceeding according to them. In the event of the mediation not being successful, the arbitration proceedings will be conducted according to the Rules of the European Court of Arbitration by a sole arbitrator who will be appointed, if the dispute is domestic, by the local Chapter – if any – of the European Court of Arbitration and in the absence of a local Chapter, as well as to all non domestic disputes, by the Central Registrar competent for that area. Place of Arbitration Vienna, Austria Language of the proceedings German As to the substance of the dispute by one arbitrator
In KoG's sole judgment it may choose to initiate arbitration proceedings as set forth above or it may opt to immediately file a lawsuit against You. If such is the case, you agree to be subject to the jurisdiction of Vienna, Austria and agree to accept service of process via email to the email address associated with Your Account.
It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that KoG may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless KoG states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes which you accept by continuing to use the Services.
This agreement:
No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
No act or failure to act by KoG will be deemed a waiver of any right contained in this agreement, and any waiver by KoG must be in writing and signed by an officer of KoG. If KoG does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to KoG, entitling KoG to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by KoG as a result of a breach of any of the provisions of this agreement.
Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of Vienna, Austria without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 10, the Courts of Vienna, Austria shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts of Vienna, Austria, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
To the fullest extent permitted by law, the controlling language for these Terms of Service is English.