Whiskey Wars

Terms and Conditions

Whiskey Mountain Wars - KIKO Products Inc. Online
(Last Updated: Oct 14, 2009)

Introduction

This website is owned and operated by KIKO Products Ltd. ("KIKO"), a company registered in Ontario. We are located at 27 Queenston St., St. Catharines, ON, Canada, L2R 2Y8.

Definitions

"KIKO Product(s)" is used as shorthand for all versions of company divisions and any other of our online games including Whiskey Mountain Wars (www.whiskeywars.com, www.kikogaming.com) and all KIKO websites.

References to "stopping" an account include all or any of: locking, temporarily or permanently banning, or temporarily or permanently muting the account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned, you will not be able to access your account at all. Membership credit continues to expire if accounts are muted or banned.

Applicability

Please read these terms and conditions carefully. Your accepting them in full is a condition of your use of a KIKO product (whether or not you subscribe). If you don't agree with any part, please don't accept them or use the KIKO product.

If you have any questions about these terms and conditions, please contact us via email at and do not use the site until you are satisfied with and can accept these terms and conditions in full.

Changes

We may change these terms and conditions to reflect: changes in applicable laws; regulatory or security requirements; relevant guidance or codes of practice; technical alterations to KIKO products; and to improve clarity and consistency. Please check the terms and conditions whenever you use a KIKO product. If you are not a subscriber, we will treat your continued use of a KIKO product as acceptance of these changes from their effective date as shown above. If you are a subscriber, we will treat you as bound by the changes on the first renewal date for your subscription after the effective date and so you should cancel your subscription (as explained below) before this renewal date if you don't like the proposed changes.

A SPECIAL NOTE ABOUT PRETEENS AND USERS UNDER 18

If you are under 18 you will be able to create an account but do not disclose personal data through the game or website. If we find out that any personal data we have collected is from someone under 13, we will automatically delete it. We recommend that parents / guardians set up an account and play together with their children.

If you are under 13 and subscribe to the members' version of our game you are representing (i.e. making a promise) that you have consent from your parents / guardian to use KIKO products in accordance with our terms and conditions and privacy policy. We may stop any account if we are not satisfied that such consent has been given.

If you are under 18, by using our website you are representing (i.e. making a promise) that you have consent from your parents / guardian to use KIKO products in accordance with our terms and conditions and privacy policy. We may stop any account if we are not satisfied that such consent has been given.

If we are told by a parent / guardian that their child has lied about their age when registering for KIKO products, we will stop the account provided we have information which satisfies us that the reporting person is indeed the parent or guardian.

Parents can find more information about the game and how to contact us by viewing the web site or contacting us at the address at the top of this page.

Safety / abuse

Before using any KIKO product you should read terms and conditions and our privacy policy.

Whilst we reserve the right to monitor and take action if any KIKO product is used inappropriately (including the posting of objectionable material on the chat facility or otherwise), we cannot promise that any KIKO product won't contain such content or that we will remove / modify any particular content. Nor can we guarantee that users will comply with our terms and conditions or otherwise behave appropriately.

If you are the victim of offensive or inappropriate behaviour or receive any other unwanted communications, You should report all inappropriate behaviour to us via the in game contact button as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the relevant KIKO product(s).

Your account

To use many features of KIKO products, we require you to create an account. We grant valid account holders a non-exclusive, non-transferable license for the period of membership to use KIKO products and to use our client software and connect to our servers solely to use KIKO products in accordance with these terms and conditions.

You must not choose a username that infringes the rights of any third party, impersonates KIKO staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified on our site or our Rules of Conduct. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.

You agree to keep your password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your password to gain access to your account. To help ensure the safety of your password, you must keep your computer free of viruses and other malicious code including Trojans. You must use your password in accordance with the password requirements specified on our site and our Rules of Conduct. Real KIKO staff will never ask you for your password. If you believe that someone has stolen your password or otherwise gained access to your account - submit an Account Recovery request via the Account Recovery link on the website of any KIKO product.

Rules

You must comply with the current version of any rules, guidelines, codes of conduct or instructions specified in any KIKO product including our game rules.

Our rights

If, acting reasonably, we consider that our Terms and Conditions have or may have been breached, or that it is necessary in order to prevent or stop any harm or damage to us, to any KIKO product, to other players or the general public, we may Stop (as defined above) any or all accounts of KIKO products which we think are connected with the offender subject to such right of appeal as is specified on our website. Such actions may result in loss of membership credit and/or loss of real money paid as part of any item / account trading or other prohibited transaction.

To prevent or remedy breach of our Terms and Conditions or any harm or damage to us, to any KIKO product or to other players or the general public , we may automatically or manually monitor, censor (including rejection or removal of any content) and/or record public or private chat or other activities in any KIKO product.

Intellectual property rights

Whiskey Mountain Wars is a trademark of KIKO Products Inc.

You must not reverse-engineer, decompile or modify any KIKO product client software in any way (except to the extent allowed by applicable law). You must not use a modified/customised version of the client software or attempt to sub-license it. You must not create or provide any other means by which any KIKO product may be played by others (including, without limitation, replacement or modified client/server software, server emulators).

Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any KIKO product by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these materials or any KIKO product except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.

You agree that all intellectual property or other rights in any game character, account and items are and will remain our property.

By posting chat or other materials on any KIKO product, you grant us a non-exclusive, perpetual, worldwide, royalty free, worldwide license to use and/or modify such materials on any KIKO product as we see fit.

You agree that by submitting any material of any kind to us for any purpose connected with any KIKO product (non-exhaustive examples are suggestions and ideas for any game or contributions to any Gallery page), you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.

Subscription

You need a subscription to use certain features of KIKO products. If you apply for a subscription, you must ensure all the information that you submit is true and accurate (including without limit your credit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent as applicable. You agree to pay all subscription fees specified when you apply including all applicable taxes. Unless otherwise stated, all prices are shown in United States Dollars. (USD)

By submitting your order you are making an offer to subscribe to the relevant part of the KIKO product(s). Your offer is accepted and a binding contract occurs when we send a message to your account mail inbox confirming that your payment has been received or if you log into a subscribers-only part of a KIKO Product (whichever comes first).

All subscription payments will continue to be taken in advance at the relevant intervals (e.g. monthly in the case of monthly subscriptions) until you cancel your subscription (see below).

Payments by credit cards are also subject to our credit card agreement which forms part of these terms and conditions.

We reserve the right to alter the amount or terms of our subscription fees at any time. This will only apply to those who, following the change, take out new subscriptions or re-subscribe (their previous subscriptions having expired) and specifically agree to the new fees / terms.

We reserve the right to charge you for any unauthorized use of your subscription by third parties.

Cancellation by you

You may cancel your subscription at any time by clicking here or selecting the "Cancel Subscription" link from the account management section on the website.

Upon cancellation you will not be charged any further subscription fees. No payments already made will be refunded (wholly or partly) but you can of course use up any unused membership credit in the account.

Privacy policy

For a description of how we use your personal data, please see our Privacy policy.

Functioning of KIKO Products

We will do our best to maintain operation of KIKO products and rectify faults as quickly as possible. We may have to suspend operation of a KIKO product without notice for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions or for any interruption or error caused by circumstances outside our reasonable control.

We cannot guarantee that KIKO products will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.

Third parties

KIKO products may include links to internet sites or other technologies supplied by third parties including sites / technologies which enable you to pay by means of payment methods provided by third parties. We make no promises about those sites or their content, products or services as these are outside our reasonable control.

OUR AND YOUR LEGAL RESPONSIBLITY

WE DO NOT ACCEPT LEGAL RESPONSBILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS.

YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A KIKO PRODUCT.

Transfer

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

General

Nothing in these terms and conditions affects your statutory rights as a consumer. Headings above are for guidance only and not binding. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. Except for clauses excluding or restricting our liability a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. These terms and conditions are governed by the Province of Ontario and any dispute connected with them or KIKO products will be decided only by the courts of the Province of Ontario.

Complaints

If you are dissatisfied with this website or any aspect of it, please contact us via the forms on our website or write to our registered office above.