Terms of Service
Effective September 03, 2024
1. Introduction
(Thanks for reading! These are the Terms of Service. By playing Tukkun’s game, you agree to these Terms of Service and the Privacy Policy.)
The terms of this agreement (the “Terms of Service”) govern the relationship between you (“user” or “you”) and Tukkun and/or its affiliates (“Tukkun,” “we,” or “us”) regarding your use of Tukkun’s mobile applications and related services (“Services”).
By downloading our applications, accessing, and/or using our Services, you accept and agree to be bound by the Terms of Service and Privacy Policy.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Services, or to modify the Terms of Service, at any time and without prior notice. If we modify the Terms of Service, we will post the modification via the Services or provide you with notice of the modification. We will also update the “Effective” date at the top. By continuing to access or use Services after we have posted a modification via the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms of Service are not acceptable to you, your only recourse is to stop using our Services.
2. License
2.1. Ownership
(Basically, it’s Tukkun’s game.)
Tukkun owns, has licensed, or otherwise has the right to use all content that appears in our Services, including but not limited to, trademarks, text, graphics, user interfaces, user accounts (“game accounts”), virtual items, and virtual currencies. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A GAME ACCOUNT, AND ALL RIGHTS IN AND TO A GAME ACCOUNT ARE AND SHALL FOREVER BELONG TO TUKKUN.
You agree that you will not reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of any part of the Services.
2.2. Limited License
(You can play the game for your own entertainment, personal, non-commercial use.)
Tukkun grants you a non-exclusive, non-transferable, and revocable limited license to use our Services for personal, non-commercial entertainment use only. Virtual items and virtual currencies within our Services are provided solely for your entertainment use; you have a limited license to use them, not ownership. Any “virtual currency” balance shown in your account does not represent a real-world balance or any stored value, but is a measure of your license extent.
Without limiting the foregoing, you agree that you have no right to sell or otherwise transfer your account, virtual items, or virtual currencies. Tukkun prohibits and does not recognize any transfers of virtual items or virtual currency outside of our Services, or the sale, gift, or trade in the “real world” of anything originating in our Services, unless expressly authorized by Tukkun. Any such transfer or attempted transfer is prohibited and void, and may result in account termination.
3. Content Posted by Users
3.1. Your Representations and Warranties
(You are responsible for the stuff you post.)
You are solely responsible for all communications, images, videos, sounds, content, and any other materials, data, or information that you upload or transmit through our Services (collectively, “User Content”).
You affirm, represent, and warrant that the User Content you post or transmit:
- Is accurate and not confidential;
- Does not infringe any third party’s copyright, trademark, database, or other intellectual property rights, and you have permission from any third party whose personal information or intellectual property is included in the User Content;
- Does not violate any applicable laws, the Terms of Service, or any third party’s right of privacy or publicity;
- Is free of viruses, adware, spyware, worms, or other malicious code.
3.2. License to Use User Content
(Tukkun may use the stuff you post for any purpose.)
You grant Tukkun a royalty-free, perpetual, irrevocable, fully transferable, sublicensable, non-exclusive, worldwide right and license to use your User Content in any and all media, in any manner and for any purpose, including but not limited to commercial, advertising, and promotional purposes, to the greatest extent permitted by applicable law. This includes rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use, or otherwise exploit your User Content without further notice or compensation to you. To the extent permitted by applicable laws, you waive any moral rights you may have in any User Content. This license and waiver survive any termination or expiration of the Terms of Service.
3.3. Content Screening
(Tukkun may review and remove inappropriate User Content.)
You acknowledge and agree that Tukkun may, but is not obligated to, moderate, monitor, or review User Content, and may reject, remove, or edit any User Content at Tukkun’s sole discretion without prior notice to you.
4. Feedback Provided by Users
(Tukkun is always pleased to hear from players and fans, but please note that once you submit any feedback or suggestions to Tukkun, it becomes Tukkun’s stuff. Tukkun will have all the rights to use it in any way, for any reason and without giving you anything. While Tukkun may give you stuff in certain cases, it is not Tukkun’s obligation.)
Any ideas, suggestions, proposals, comments, feedback, or other submissions (collectively, “Feedback”), regardless of whether you provide such Feedback publicly or privately, will not be treated as confidential or proprietary. By providing Feedback, you waive all rights to it, allowing Tukkun to use, share, and commercially exploit the Feedback in any manner without notice or compensation to you. Tukkun does not return or regularly acknowledge Feedback and has no obligations related to your Feedback.
5. Virtual Items and Virtual Currencies
(You can pay money for in-game stuff, but you don’t legally “own” it. What you get is not “ownership” of the item itself, but a non-transferable limited license to access it. No refunds will be provided under any circumstances.)
While using the Services, you may purchase and use Tukkun’s virtual currencies and in-game items.
VIRTUAL CONTENTS ARE REGARDED AS GOODS OR SERVICES, NOT PREPAID PAYMENT INSTRUMENTS. Virtual currencies have no real-world value but may be exchanged for in-game items, which are licensed to you under the Terms of Service. YOU HAVE NO OWNERSHIP RIGHTS IN VIRTUAL CURRENCIES AND ITEMS OBTAINED WITH VIRTUAL CURRENCIES.
You agree to pay all fees and applicable taxes incurred by you. Tukkun may revise the pricing for goods and services licensed to you through the Services at any time. YOU AGREE AND ACKNOWLEDGE THAT TUKKUN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS IF YOUR ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. All purchases of virtual items or currencies are final and non-refundable.
In case you believe that there was a clear issue with a purchase, such as virtual currencies and items not being credited to your game account after you have made a purchase, please contact Tukkun using the in-game inquiry system to seek a resolution. Tukkun reserves the right to revoke your access to the Services if you make any cancellations which are not authorized by Tukkun, even if you may be eligible for a refund under applicable laws.
6. Your Responsibility in Using Service
(Don’t do bad stuff, or you might be banned from the game.)
You will not use the Services in any manner that, in Tukkun’s sole discretion, is unlawful or could damage, disable, overburden, or impair the Services or interfere with other users’ use and enjoyment of the Services. Without limiting the generality of the foregoing, prohibited conduct includes the following, subject to applicable law:
- Using, developing, selling, advertising, or distributing any hack, bot, unauthorized script, or any unauthorized third-party software designed to modify or interfere with the Services, or using any application, software, or technology that is not expressly authorized by Tukkun that enables cheating or accomplishing tasks that cannot be accomplished without the use of such an application, software, or technology;
- Using macros or robot play, or any other behavior that allows you to automatically perform any action within the Services, with or without your presence;
- Reverse engineering, deriving source code, modifying, decompiling, disassembling the Services or any portion thereof, or otherwise determining or attempting to determine any source code or underlying ideas and algorithms embodied in the Services;
- Disabling or interfering with any security-related features of the Services, or any part thereof;
- Using or attempting to use any viruses, malware, or any other computer code, files, programs, software, or routine designed to interrupt, destroy, or limit the normal functionality of the Services, including by engaging in, instigating, or facilitating any denial of service attack or similar conduct, or attempting to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Sending, posting, transmitting, or making available any material or information that may be harmful, harassing, vulgar, defamatory, obscene, hateful, threatening, abusive, inflammatory, discriminatory, sexually explicit, intimidating, violent or encouraging of violence (including self-harm), or otherwise objectionable by Tukkun’s sole discretion;
- Sending, posting, transmitting, or making available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity;
- Stalking, harassing, threatening, or defrauding other users of the Services or any members of Tukkun personnel;
- Impersonating any person or entity or otherwise misrepresenting your affiliation, identity, or the origin of materials you transmit, or misrepresenting that your actions or statements are endorsed by Tukkun;
- Creating a false identity or impersonating another person or entity, including, without limitation, indicating that you are Tukkun or a Tukkun official or representative, moderator, another user, or that you are a celebrity or public figure;
- Making improper use of Tukkun’s support services, including by spamming or submitting false abuse reports;
- Buying, selling, trading, or advertising to buy or sell any virtual currencies, virtual items or game account;
- Scamming or attempting to scam other users;
- Collecting or attempting to collect any personal information about any users;
- Accessing or attempting to access another user’s game account;
- Misusing bugs and design flaws knowingly to take advantage and disturb the Services;
- Posting or making available any information that may allow other users to misuse bugs and design flaws to take advantage and disturb the Services;
- Making purchases or cancellations in methods that are not authorized by Tukkun;
- Engaging in any other conduct that may violate applicable laws;
- Engaging in any other conduct that, in Tukkun’s sole judgement, exposes Tukkun, any users, or any third party to any liability, damages, or detriment of any type.
Tukkun reserves the right to take disciplinary measures, including but not limited to, temporarily or permanently suspending the game accounts of users who violate the Terms of Service in order to protect the integrity of the Services, at the sole discretion of Tukkun.
7. Third-Party Services
(The game includes ads and links to other services, but they are not controlled by Tukkun, and Tukkun isn’t responsible for stuff that happens there.)
Our Services may include advertisements and links to third-party websites or vendors. Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. Tukkun makes no representation or warranty regarding third-party content, goods, or services, and will not be liable for any claim related to them. The linked sites are not under Tukkun’s control and may collect data or solicit personal information from you. Tukkun is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
8. Push Notifications
(The game sends you notifications so you get to know about all the cool stuff. But if you don’t want to know about cool stuff, just disable push notifications.)
Tukkun may send push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding our Services. You can manage push notifications from the settings page within the game, or from the settings of your mobile device.
9. Account Deletion
(You may choose to delete your own account, but this cannot be undone and you will not receive any refunds.)
In accordance with our Privacy Policy, you may delete your account by submitting a request from the in-game settings screen. If you choose to terminate or delete your account from our Services, you agree and acknowledge that your account information, along with all virtual items, and virtual currencies you have purchased, will be irreversibly erased. Tukkun is not obligated to provide a refund or compensation for any gameplay data, virtual items or virtual currencies lost as a result of account deletion.
10. Changes to Services
(Tukkun may update the game from time to time.)
Tukkun reserves the right to modify, update, remove, or otherwise change any part of the Services at any time without prior notice. This includes, but is not limited to, changes to game features, content, functionality within the Services. Tukkun is not responsible for any loss or damage arising from changes to the Services.
The Services may be temporarily unavailable for maintenance, updates, or technical reasons. Tukkun does not guarantee uninterrupted access to the Services and is not liable for any impact due to such unavailability.
To continue accessing or using the Services, you may be required to download and install updates. Failure to install these updates may result in being unable to access the Services.
11. Suspension and Termination of Services
(Nobody wants it to happen, but the game might stop existing in the future, and even then you won’t receive refunds.)
TUKKUN MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE SERVICES AT ANY TIME, WITH OR WITHOUT NOTICE. Tukkun reserves the right to stop providing or supporting any part of the Services at any time either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such an event, Tukkun is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
12. Disclaimers and Indemnification
(A lot of shouting in all caps about how the game is provided as-is, Tukkun doesn’t make any promises about the quality of the game and services, and Tukkun is not responsible for any damages or losses that you may experience. If you read these terms out loud, please make sure to read the capitalized parts with a really loud voice.)
TUKKUN AND ITS DEVELOPERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TUKKUN AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You specifically agree that in no event will Tukkun, and Tukkun’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties”) be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, whether based on contract, tort, negligence, strict liability, or otherwise even if we have been advised of the possibility of such damages or loss.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TUKKUN IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
You agree to indemnify, defend and hold Tukkun and the Indemnified Parties harmless from and against any and all loss, costs, expenses (including legal fees and expenses), claims, damages and liabilities related to or associated with your use of our Services and any alleged violation by you of the Terms of Service. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we request.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Tukkun’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
13. Miscellaneous
13.1. Force Majeure
(Sometimes, stuff happens and Tukkun can’t do anything about it.)
Tukkun shall not be liable for any delay or failure to perform, including any failure to perform under the Terms of Service due to unforeseen circumstances or cause beyond Tukkun’s control, including but not limited to:
- Hacking, cyber attacks, data corruption, data loss;
- Acts of god, war, terrorism, riots, embargoes;
- Acts of civil or military authorities;
- Epidemics;
- Natural disasters;
- Shortages of transportation facilities, fuel, energy, labor or materials;
- Game servers being eaten by dinosaurs;
- Occurrence of a zombie apocalypse or similar events that may lead to human extinction.
13.2. Dispute Resolution
(Tukkun hopes that you’ll never find the need to file a dispute, but generally speaking, lawsuit is a hassle. And Tukkun can’t afford legal costs. If Tukkun has to pay legal costs, this game will disappear and you won’t have any games to play anymore. And even then, maybe you won’t get what you want either. If you’re dissatisfied with anything, just contact Tukkun first.)
Disputes are usually very expensive and time-consuming for both parties. If you have any disputes or claims related to the Services, please try to contact Tukkun first and seek a resolution. We will try our best to resolve the issue and reach a settlement within 30 calendar days.
You agree to first attempt to negotiate any dispute informally for at least 30 calendar days before initiating formal dispute resolution procedures. Such informal negotiations commence upon written notice from one party to the other party.
YOU AND TUKKUN HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
13.3. Entire Agreement
(Yes, this is the entire agreement between you and Tukkun.)
The Terms of Service constitute the entire agreement between you and Tukkun, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Tukkun.
13.4. Relationship of Parties
(You play Tukkun’s game, you agree to these terms. That doesn’t mean you’re Tukkun’s partner.)
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tukkun as a result of the Terms of Service, or your access to and use of the Services.
13.5. Severability
(If a part of this agreement is invalidated, the other parts are still in full force.)
If any provision of the Terms of Service is found to be illegal or unenforceable for any reason, that provision will be severed. The remainder of the Terms of Service will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
13.6. No Waiver
(If you violate this agreement and Tukkun hasn’t done anything about it, that doesn’t mean it’s okay, and that doesn’t mean Tukkun won’t do anything in the future.)
Tukkun’s failure to enforce any provisions of the Terms of Service or respond to a violation by any party does not waive the right of Tukkun to subsequently enforce any terms or conditions of the Terms of Service or respond to any violations.
13.7. Captions and Headings
(No, these captions inside parentheses don’t have any legal meaning, and are provided for your entertainment purposes only.)
The headings and parentheticals used in the Terms of Service are inserted for convenience only and shall not affect the meaning or interpretation of the Terms of Service.
14. Contact
(No, we don’t have a call center or a bunch of Tukkuns responding to your messages in real time. Sorry.)
If you have questions about these Terms of Service, contact Tukkun at: tukkun.kong@gmail.com