Terms Of Use

Updates: June 1, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. USE OF ANY OF OUR PRODUCTS OR SERVICES INDICATES THAT YOU AGREE TO ABIDE BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.

These terms of use (“Terms of Use”) are a legal agreement between Kosmos Games (Cyprus) Ltd. (“Kosmos Games”, “we”, “us”, or “our”) performing on behalf of Kosmos Games (Cyprus) Ltd. and our users (“Users”, “your”, or “you”) regarding your use of social and mobile games controlled by Kosmos Games (Cyprus) Ltd. that are available on social network sites and mobile phone stores (“Applications”) and the related services (“Services”). Please read these Terms of Use AND our Privacy Policy before using any part of the Services. By using the Services, you agree to be bound by these Terms of Use including, without limitation, disclaimers of warranties, limitations of liability, and a requirement that you meet specified age requirements.

The term “Services” means the online, mobile, PC or other video games including, but not limited to, Golden Prairies, Merge Tales, Solitaire Social, Mahjong and other, and other related services, including the Kosmos Games (Cyprus) Ltd. website (https://kosmos.games/), on which these Terms of Use are published.

1. Service changes and limitations:

The Service is evolving and we may require that you accept updates to the Service as well as to the Terms and Community Rules. From time to time we may make you update the game or your software to continue to use our Services. We may perform these updates remotely, including to Kosmos Games (Cyprus) Ltd. software residing on your computer or mobile device, without notifying you.

Kosmos Games reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, either permanently or temporarily, at which point your license to use the Service or any part of it will be automatically terminated or suspended. If that happens, Kosmos Games is not required to provide refunds, benefits, or other compensation to players in connection with discontinued elements of the Service or for virtual goods previously earned or purchased.

KOSMOS GAMES MAY, AT ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT, AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND KOSMOS GAMES. IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.

Deleting your account: Service updates

The Service is an evolving one, and we reserve the right to change the Terms of Use from time to time, so make sure to check it periodically.

2. Account

You must have an account on the corresponding social networking site or accounts in mobile phone stores through which you access the Services. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by the registration processes. Kosmos Games will observe the accuracy of the information about you and will update it when necessary. The user has the right to require Kosmos Games to rectify any inaccurate personal data.

When you access our Services, your username and your profile photo may become publicly visible by other users.

You agree to promptly notify Kosmos Games of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or related to the use of the Services under your account. You are entirely responsible for any and all activities that occur under your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

3. Access to the Service; limited license

Subject to your acceptance of these Terms of Use, you are granted a non-exclusive, revocable, limited, non-transferable, and non-sublicensable license to use the Services solely for personal, non-commercial entertainment purposes (“License”).

You acknowledge and agree that your License does not include:

• any resale or commercial use of the Services;
• the distribution, public performance, or public display of the Services;
• the modification, revision, creation of derivative works, or otherwise making any derivative uses of the Services or any information or content therein;
• decompilation, reverse engineering, or any other attempts to derive the source code for the Services (except to the extent applicable laws specifically prohibit restriction of such activities); or
• any use of the Services other than for their intended purposes as expressly stated in these Terms of Use.

Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property or other proprietary rights, whether by estoppels, implication, or otherwise.

Your use of and access to the Services is subject to all applicable local, state, national, and international laws and regulations, and you agree not to violate such laws and regulations in your use of and access to the Services. In addition, you agree that:

• you will not interfere with another user’s use and enjoyment of the Services;
• you will not disguise, anonymize, or hide your IP address or the source of any Content that you may upload;
• you will not interfere with or disrupt our Services or servers, or networks that provide our Services;
• you will not attempt to decompile, reverse engineer, disassemble, or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures, or modify the data transmitted, processed, or stored by us;
• you will not “harvest”, “scrape”, or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including, but not limited to “pixel tags”, cookies, graphics interchange formats (“gifs”), or similar items that are sometimes also referred to as “spyware” or “PCMs” (passive collection mechanisms);
• you will not sell, transfer, or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods;
• you will not disrupt the normal flow of a Service or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when using our Services or engaging in real-time exchanges;
• you will not disobey any requirements or regulations of networks connected to our Services;
• you will not use our Services to cheat, or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to our Services, or elements thereof, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms;
• you will not use our Services in any other way not permitted by these terms;
• you will comply with U.S. and other applicable laws regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with the Services.

You also agree to defend, indemnify, and hold harmless Kosmos Games, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees, and independent contractors from any loss, liability, damages, and expenses (including without limitation reasonable attorneys’ fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of the Services, any User Content (defined below), your violation of these Terms of Use, or your violation of the rights of any third party.

Any use of the Services other than as specifically authorized herein, without the prior written permission of Kosmos Games, is strictly prohibited and will terminate the License granted herein, and may subject Users to liability for violations of law.

4. Children

We acknowledge our responsibility to protect children’s data and do not deliberately collect data from individuals younger than 18 years of age. If it comes to your knowledge that children’s rights have been infringed when using our Services, please contact us immediately so we can take all the reasonable steps to amend the situation.

If you are older than 13 but younger than 18 years old, we reserve the right to collect your personal data only if your parent or legal guardian has explicitly agreed that you can use our Services, and Kosmos Games can collect and process your personal data. We strongly recommend that the underage users older than 13 but younger than 18 years of age receive a permission from a parent or legal guardian before accessing and/or using our Services and submitting their personal data.

By using our Services, you explicitly confirm that your parent or legal guardian gave the permission to collect and process your personal data when you use our Services. Children younger than 13 years of age cannot submit any personal data, such as name, address, telephone number or email. If you discover that we have received personal data from individuals younger than 13 years old, please contact us immediately.

5. Suspension and termination of Services

You have the right to stop using the Services or any part thereof at any time. If you do not agree with these Terms of Use, your sole remedy is not to use the Services. You understand and agree that it is your sole and exclusive remedy with respect to any dispute with Kosmos Games

You are also entitled to withdraw your consent to process your personal data in accordance with these Terms of Use and the Privacy Policy and erase your personal data. The withdrawal of your consent means that you do not agree with the Terms of Use and stop using the Services. After the withdrawal of your consent, you lose the opportunity to use Services, since it is impossible not to process your personal data while you use the Services.

Kosmos Games reserves the right to stop offering and/or supporting the Services or any part thereof at any time, either permanently or temporarily. In such an event, your License to use the Services or a part thereof will be automatically terminated or suspended.

Kosmos Games may also terminate your access to Services, with or without notice to you, if Kosmos Games (at its sole discretion) deems that you have violated these Terms of Use or have otherwise caused or may cause damage to any third party.

You acknowledge and agree that, in the event of your access to the Services being terminated, you will forfeit any benefits, including without limitation any earned or purchased virtual items (defined below), and Kosmos Games shall be under no obligation to compensate you for any such losses.

6. Fees and payment

The Services may include games and/or applications where you will have an option to buy or purchase

• “war bonds”, “qrystals”, or any other online currency (“Virtual Currency”); or
• a variety of virtual in-game items and goods (“Virtual Goods”) that can be used to enhance your gaming experience (Virtual Currency and Virtual Goods collectively, “Virtual Items”).

You acknowledge that you do not in fact “own” the Virtual Items and you only will have a limited license to use such Virtual Items in the Services. No Virtual Item or any part thereof refers to or has any real-world currency value.

You may be required to pay a fee with real world currency in order to obtain Virtual Items by using payment methods disclosed in the game.

You agree to pay all fees and applicable taxes incurred by you or anyone using the Services under your Account.

Kosmos Games shall have no liability for hacking or loss of Virtual Items from your account. However, Kosmos Games will use reasonable efforts to replace such items under certain circumstances, at our reasonable discretion. Kosmos Games has no obligation or responsibility to and will not reimburse you for any Virtual Items lost due to your violations of these Terms of Use. Kosmos Games reserves the right, without prior notification, to limit the order quantity on any Virtual Items and/or to refuse to provide you with any Virtual Items. Verification of certain information applicable to a transaction involving a Virtual Item may be required prior to our acceptance thereof. Kosmos Games may revise the pricing for the Services including the Virtual Items offered through the Services at any time for any reason.

You acknowledge that Kosmos Games is not required to refund the fees or your purchases for any reason, and your purchase of virtual items is final and shall under no circumstances be refundable, transferable, or exchangeable (except where expressly specified otherwise within the Services) including, without limitation, upon termination of your access to the Services by Kosmos Games for any reason, termination of these terms and conditions, and/or the discontinuation of the Services. Regardless of the consideration offered or paid in exchange for Virtual Items, you do not have any ownership rights in the Virtual Items and you receive only a limited right to use the Virtual Items as described in these Terms of Use. All Virtual Items are forfeited if your access to the Services is terminated or suspended by Kosmos Games for any reason, at Kosmos Games’s sole and absolute discretion, or if Kosmos Games discontinues providing the Services.

7. Intellectual property

The Service is comprised of works owned by Kosmos Games, and it is protected by copyright, trademark, trade dress, patent and intellectual property, and other applicable laws, rules, or regulations. Kosmos Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant you or any other party any right, title, or interest in the Service or any content in the Service.

So long as you abide by these Terms, Kosmos Games grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms, to access and use the Service using a Kosmos Games supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

If you violate these Terms, or any of our other terms that apply to you, we may take action against you, up to and including permanently suspending your account. In addition, you may be breaking the law, including violations of Kosmos Games intellectual property rights.

ANY ATTEMPT TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY KOSMOS GAMES SERVICE, IS A VIOLATION OF KOSMOS GAMES (CYPRUS) LTD PLAYKOT POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

8. Conduct requirements

The Services may include features or functionality that may be used to communicate with other users of the Services or to otherwise post or transmit information or content (the “User Content”). You agree to use the Services in accordance with the following conduct requirements:

• you may not transmit or post any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or racially, ethnically or otherwise objectionable;
• you may not transmit or post any User Content that would constitute, encourage, or provide instructions for a criminal offense, violate any party’s rights, or that would otherwise create liability or violate any law or regulation in any jurisdiction worldwide;
• you may not transmit or post any User Content that may breach any contractual or fiduciary relationship or that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
• you may not impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;
• you will comply with all applicable laws regarding the transmission of technical data exported from, or imported into, the United States or the country in which you reside;
• you may not forge message headers or otherwise disguise, or attempt to disguise, the existence, source, or destination of any User Content that you transmit or post;
• you may not engage in unsolicited promotions, political campaigning, advertising, or solicitations;
• you may not transmit or post private information of any third party, including, without limitation, addresses, telephone numbers, credit card numbers, email addresses, and any unique identifier such as a Social Security number;
• you may not transmit or post any viruses, corrupted data, or other files;
• you may not transmit or post any User Content that, in the sole judgment of Kosmos Games, is objectionable or which restricts or inhibits any other person from using or enjoying the Services or any related features or services;
• you may not transmit, post, or otherwise cause, instigate, or assist in the distribution of spam.

Kosmos Games takes no responsibility and assumes no liability for any User Content transmitted or posted by you or any third party, or for any loss thereof or damage thereto. Kosmos Games is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Your use of the Services and the Applications and any related features or services is at your own risk. As a provider of interactive services, Kosmos Games is not liable for any statements, representations, information, or content provided by its users on any public forum, personal homepage, or other location.

Although Kosmos Games has no obligation to screen, edit, or monitor any information or content transmitted or posted by the Services users, Kosmos Games reserves the right, and has absolute discretion, to remove, screen, or edit any information or content transmitted or posted on or through the Services and any related features or services at any time and for any reason without notice.

You are solely responsible for creating backup copies of and replacing any information or content that you post or store on or through the Services or any related features or services at your sole cost and expense. You represent and warrant that:

• you own and control all of the rights to, or otherwise have the right to transmit or post, the information and content that you transmit or post on or through the Services and any related features or services;
• such information and content is accurate and not misleading; and
• the use and posting of the information and content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

If you have a dispute with any other user or users, you hereby release Kosmos Games and hereby agree to indemnify Kosmos Games from any and all claims, demands, and damages including direct, consequential, and indirect of every kind and nature, known and unknown, arising out of or in any way connected with such a dispute.

9. Monitoring use of service

We have no obligation to monitor User Content and we are not responsible for monitoring the Service for inappropriate or illegal User Content or conduct by other players. That said, we have the right, at our sole discretion, to edit, refuse to post, or remove any User Content.

We may also, at our discretion, choose to monitor and/or record your interaction with the Service or your communications with Kosmos Games or other players (including, without limitation, chat text and voice communications) when you are using the Service in order to provide you with personalized advertising offers, improve our Service, and provide security measures during the use of the Service.

We are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles). However, if someone is violating these Terms or misusing the Service, please let us know by using a “Report Abuse” link provided in the Service or contact us at Customer Support.

10. Warranties

Neither Kosmos Games nor any Kosmos Games affiliate makes any promise or guarantee that the Service will be uninterrupted or error-free.

We take all the necessary and possible measures in terms of technology in order to guarantee the protection of your personal data from data breach and we will immediately inform you about such a breach.

USE OF THE SERVICE IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KOSMOS GAMES AND ALL AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. KOSMOS GAMES AND ALL KOSMOS GAMES AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Service or the shortest period required by law.

11. Limitations of liability

YOU ACKNOWLEDGE THAT KOSMOS GAMES AND KOSMOS GAMES AFFILIATES SHALL NOT BE LIABLE FOR:

(1) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR THE LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR

(2) THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

However, Kosmos Games shall be responsible for any personal data breach, where it is caused by an event which is in the control of Kosmos Games This provision includes the activities of Kosmos Games and its processors, who process personal data on behalf of Kosmos Games

An event that is in the control of Kosmos Games is an event which was caused by the actions of Kosmos Games

An event that is not under the control of Kosmos Games is an event which was caused by a third party’s actions or where its emergence is mainly dependent on the actions of a third party (including, but not limited to third-party offenses, hacker attacks, unauthorized access by third parties, and/or disabling of the software and/or hardware, and the actions and acts of state bodies) or which was caused by force majeure circumstances (including, but not limited to fire, faults and errors in communication networks, and actions of malicious programs [viruses]).

THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, 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 TOTAL LIABILITY OF KOSMOS GAMES AND/OR THE KOSMOS GAMES AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID KOSMOS GAMES AND/OR THE KOSMOS GAMES AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.

12. Indemnity

If you use or misuse the Service, or if you violate these Terms or any other applicable rules, and that results in loss or damage or in a claim or liability against Kosmos Games or any Kosmos Games Affiliate, you agree to indemnify, defend, and hold harmless Kosmos Games and/or the Kosmos Games Affiliate. You also have to cooperate in Kosmos Games and/or the Kosmos Games Affiliate’s defense of these cases. Kosmos Games and/or the Kosmos Games Affiliate will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Services or your account is deleted.

13. Miscellaneous

If you violate these Terms of Use or if you engage in any conduct that we, at our sole discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of Kosmos Games or any third party, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend your access to the Services. You acknowledge that Kosmos Games is not required to provide you with a notice before terminating or suspending your access to the Services or any portion thereof, but it may choose to do so.

If your access is terminated, we may, but are not required to, remove some or all of your content from our servers. Furthermore, you understand that you shall not be entitled to any refund of fees for such termination of your access to all or part of the Services.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute your entire agreement with Kosmos Games with respect to their subject matter, and supersede any other previous written terms and any oral or promotional statements regarding such subject matter. Any waiver of enforcement of any provision of these Terms of Use or any breach thereof, in any one instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. If any dispute arises under these Terms of Use, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.

These Terms shall be construed and governed by the law of Cyprus and arbitrated by the arbitration court in Stockholm.

14. Questions/contact information

If you have any questions about these Terms of Use, please feel free to contact us online using the contact information on our website or by mail at privacy@kosmos.games. Our mail address is: Kosmos Games (Cyprus) Ltd., 28 Oktovriou str. 357, Office A5, Mediterranean Court, 3107, Limassol, Cyprus.