Our Services

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the services developed under the brand AsobiTogether operated by Seaner Limited. AsobiTogether is a developer and publisher of games and mobile game applications that are made available through app stores, including the Apple Store and the Google Play Store.

As a precondition for your usage of these Services, you must agree to these Terms of Service. By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to the agreement, you may not use or otherwise access the Services. Unless otherwise specified by a component of the application service, the Services are free to use or download but may contain features which may allow you to make purchases within the services.

1. About

By downloading one of our Games, you accept this Agreement and our Privacy Policy. Your relationship with AsobiTogether will be subject to these and only this Agreement and our Privacy Policy.

Each time you download one of our Games to your device a new Agreement is concluded and its terms apply to your use of this Game. By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to this Agreement and our Privacy Policy, you may not use or otherwise access the Services.

Application stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.

You represent that you are 16 years or older. If you are younger than 18 years, you can only download our Games and play them on your device, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to download our Game and play our Game subject to this Agreement. AsobiTogether may require adequate proof of your identity and age and consent from a parent or guardian at any time.

You represent that you are accessing our Games as a private person. Any commercial use of our Games is not allowed.

2. End-User License Agreement - EULA

2.1 License

Subject to the terms of this Agreement, AsobiTogether grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each Game on a mobile device that you own or control for your use (the "License").

2.2 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Game; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Games, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any Game in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Game. Any future release, update, or other addition to functionality of any Game (including in-app purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.

2.3 Local Laws

You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.

2.4 Modification

AsobiTogether reserves the right, at any time, to modify, suspend, or discontinue the Games or any part thereof with or without notice. You agree that AsobiTogether will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Game or any part thereof.

2.5 Ownership

Games provided to you are licensed to you and not sold. AsobiTogether (and its licensors, where applicable) own all rights, title and interest, including all related intellectual property rights, in and to all Games, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any Game. The AsobiTogether name, logo, and the product names associated with the Games belong to AsobiTogether (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. AsobiTogether (and its licensors, where applicable) reserve all rights not granted in this Agreement.

2.6 Ads

When you start or stop a Game, it may display an ad. During gameplay, banners, rewarded videos and/or interstitial ads may be displayed.

3. User Content

3.1 User Content

"User Content" of a user means any and all content that such user uploads, distributes, or otherwise provides via any Game. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by AsobiTogether. AsobiTogether is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

3.2 License

By uploading, distributing, or otherwise using your User Content with any Game, you automatically grant, and you represent and warrant that you have the right to grant to AsobiTogether an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content in any Game.

3.3 Feedback

If you provide AsobiTogether with any feedback or suggestions ("Feedback"), you hereby assign to AsobiTogether all rights in the Feedback and agree that AsobiTogether shall have the right to use such Feedback and related information in any manner it deems appropriate. AsobiTogether will treat any Feedback you provide to AsobiTogether as non-confidential and non-proprietary. You agree that you will not submit to AsobiTogether any information or ideas that you consider being confidential or proprietary.

3.4 Acceptable Use Policy

The following sets forth AsobiTogether' - "Acceptable Use Policy":

• You agree not to use any Game to upload, distribute, or otherwise use any User Content (a) 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; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes 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; or (f) that violates of any law, regulation, or contractual obligations.

• You agree not to use any Game to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or Game or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user's use and enjoyment of any Game.

3.5 Enforcement

We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.

4. Term and Termination

4.1. This User Agreement runs for an indefinite term.

4.2. Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting the Game from your device or removing the Game from your Facebook apps.

4.3 If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our Game and/or terminate this User Agreement. Your breach of Sec. 2 or 3.4. Shall be considered a material breach.

4.4 Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.

4.5 Upon expiry, you will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. Only if AsobiTogether continues to operate the Game, you may again download the Game or access the Game on Facebook whereby a new User Agreement will start to run. However, any game-related data cannot be restored.

4.6. We may (a) suspend your rights to use any Game, and/or any related services or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, AsobiTogether reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to AsobiTogether by the copyright owner or the copyright owner's legal agent.

4.7. Upon termination of this Agreement, your right to use the Game will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. AsobiTogether will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2, 2.3, 2.4, 2.5, 3, 4.4, 5, 6, 7, 8, 9, 10, and 11.

5. Indemnity

You agree to defend, indemnify and hold harmless AsobiTogether (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties resulting from or relating to: (i) your use of any Game, (ii) your User Content, or (iii) your violation of this Agreement. AsobiTogether reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AsobiTogether and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AsobiTogether. AsobiTogether will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. Third Parties

6.1 Application Stores

You acknowledge and agree that the availability of the Game is dependent on the third party from which you received Game, e.g., the Apple iPhone or Android stores ("Application Store"). You acknowledge that this Agreement is between you and AsobiTogether and not with the Application Store. The Application Store is not responsible for the Game, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with Game (if any). You agree to comply with, and your license to use Game is conditioned upon your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store's terms and policies) when using a Game. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.

6.2 Third-Party Services

AsobiTogether may permit certain third-party applications (like leaderboards, game networks) to provide content through the Game ("Third Party Services"). The Game may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When you do so, AsobiTogether will share information with the Third-Party Service as described in the AsobiTogether Privacy Policy. AsobiTogether is not responsible for and does not control Third-Party Services. AsobiTogether provides these Third-Party Services only as a convenience to you. AsobiTogether has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party's terms and policies apply, including the third party's privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.

6.3 Other Users

A Game may contain User Content provided by other users of the Game. AsobiTogether is not responsible for and does not control the User Content. AsobiTogether has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that AsobiTogether will not be responsible for any liability incurred as the result of any such interactions.

6.4 Release

You hereby irrevocably and unconditionally release and forever discharge AsobiTogether (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

7. Disclaimers

7.1 GAMES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND AsobiTogether (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. KIWI FUN (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY GAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.