These Terms of Use govern your use for mobile game applications owned and controlled by AHN & COMPANY, LLC (the “Mobile Applications”). These Terms of Use consist of the terms and conditions below together with our Privacy Policy (as may be amended from time to time).
1. Charges: You are responsible for any charges for virtual property, objects, tokens, currency or any other digital item you purchase in the Mobile Application. You are responsible for payment of any costs or expenses incurred as a result of downloading and using any Mobile Application, including any operator network and roaming charges. Please check with your service provider for details.
2. Third-party applications, services or sites: the Mobile Application may enable you to link or connect you to use functionalities of third-party applications, services or sites that are not owned or controlled by AHN & COMPANY, LLC (collectively “Third Party Applications”). Any Third Party Applications are subject to the terms and conditions of the relevant third party provider. AHN & COMPANY, LLC has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third-party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third-parties that may be accessible via the Mobile Application. It is your responsibility to check the privacy policies and terms of service and usage of all third party sites that you visit prior to downloading or using any such Third Party Applications. Any third party platform, such as a platform owned by Apple or Google is a third party beneficiary to these Terms of Use and are further not liable for any damages of any kind under these Terms of Use.
3. Language: Some content may not be available in your local language.
4. Reverse Engineering: You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of any Mobile Application. You will not copy any part of the Mobile Application or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of the Mobile Application to any third party.
5. AHN & COMPANY, LLC reserves the right to anonymously track and report, to our third party service providers, your activity in the Mobile Application.
6. Protecting Your Personal Information: We want to help you take all necessary steps to protect your privacy and information. Therefore, please read our Privacy Policy to understand what kind of information we gather from the Mobile Application and the specific measures we take to protect your personal information.
7. WE MAY, WITHOUT ANY LIABILITY TO YOU, MODIFY THESE TERMS OF USE WITHOUT NOTICE AT ANY TIME. YOUR CONTINUED USE OF THE MOBILE APPLICATION FOLLOWING ANY MODIFICATIONS TO THESE TERMS OF USE WILL BE DEEMED ACCEPTANCE OF ANY SUCH MODIFICATIONS. IF YOU DO NOT ACCEPT AND ABIDE BY THESE TERMS OF USE, YOU MAY NOT USE THE MOBILE APPLICATION OR DOWNLOAD OR USE ANY RELATED SOFTWARE. YOUR USE OF THE MOBILE APPLICATION IS AT YOUR SOLE RISK. EACH MOBILE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR, THE AVAILABILITY, TIMELINESS, SECURITY, RELIABILITY, QUALITY OF THE MOBILE APPLICATION, ANY RELATED SOFTWARE OR APPLICATION, OR OTHER PRODUCTS, SERVICES, INFORMATION OBTAINED THROUGH THE MOBILE APPLICATION. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER INFORMATION MAINTAINED OR TRANSMITTED BY THE MOBILE APPLICATION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVICE TRANSMITTED THROUGH THE MOBILE APPLICATION. WE MAY, AT ANY TIME, LIMIT YOUR USE OR DISCONTINUE THE MOBILE APPLICATION AT OUR SOLE DISCRETION. TO THE EXTENT LEGALLY PERMITTED, IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) FOR THE MOBILE APPLICATION AND RELATED SOFTWARE.
8. Intellectual Property: You acknowledge that we own all right, title and interest in and to Mobile Application and to the related software. “AHN & COMPANY, LLC” and “World Eaters” are the trademarks or registered trademarks of AHN & COMPANY, LLC. You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the Mobile Application.
9. Governing Law and Arbitration: To the full extent permitted by statutory consumer rights (as applicable), these Terms of Use are governed by the laws of the State of Washington without regard to its conflict of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Use shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in the State of California. If traveling to California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).
10. No Class Actions: You agree to resolve any disputes related to these Terms of Use as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to these Terms of Use. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms of Use: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.