Terms of Use

Updated: July 10, 2019

1. Agreement

These terms and conditions govern your use of our services on all platforms on which KoGaMa ("The Service") operates, i.e. the kogama.com and kogama.com.br websites, any website(s) where our games are embedded, or in connection with the mobile apps provided by The Service on Google Play and the Apple App Store. They extend to cover all content, software and services ("Material") offered by The Service (such as, but not limited to, avatars, pickups, images, logos, icons, audio files etc.), all web pages that are part thereof, and all content, software and services offered thereon.

Your use of The Service signifies that you agree to these terms and conditions and that you also agree to follow all rules of The Service, which above all means being nice and respectful to other users.

2. Material rights

You may not use any Material for commercial purposes outside of The Service. This means that you may not copy, distribute, sell, publish, send or otherwise recirculate Material to a third party without the prior written consent of The Service. You may not change, revise or replace any Material found on The Service, either in its entirety or parts thereof.

2.1 User generated Games and other Material

With this agreement you grant The Service the rights, without special compensation, to publish the Games and Material for an unlimited time throughout the world on the internet, on TV or any other medium. Thus you give The Service the right to use, copy, present, reproduce, display, edit, integrate, license as well as distribute the Games and Material which you have created, for both commercial and noncommercial use.

2.2 Suspension and cancellation of account

The Service has the right to close your account if you violate this agreement, or if you have not used your account for four (4) months.

3. Rules of conduct

  • Never share your password.

  • Don’t share your e-mail addresses or phone number(s).

  • Don’t give away personal information.

  • Don’t arrange to meet someone you meet in KoGaMa in the real world. People you meet in KoGaMa may not be who they say they are.

  • Don’t use offending language. KoGaMa will automatically check this and block out naughty or offending words.

  • Don’t write things which are sexually suggestive or racist.

  • Don’t harass or annoy other members on KoGaMa.

  • Don’t write or send chain letters.

  • Don’t break any copyright laws or infringe other intellectual property rights.

  • Report any content you find inappropriate, suspicious or abusive.

  • Users who are reported may be given warnings and their accounts may be terminated if they are offending other users or in other ways abuse KoGaMa or KoGaMa users.

  • User generated content including, but not limited to, games, models and avatars may be deleted if Multiverse Aps deems it to be inappropriate or offensive.

  • Cheating using 3rd party software or modified clients.

4. Terms of sale

When you purchase Gold, you get the ability to purchase premium content, features, virtual items etc. in the game. Any purchases are made from our partner company Paymentwall (255 9th St, San Francisco, CA 94103, USA) and will be presented as such on credit card statements etc. Gold is provided as soon as the payment is completed and The Service has been notified by our partner. All product prices listed on The Service are subject to change without notice.

4.1 Mobile and landline payment security

The Service uses a third party payment provider and therefore we do not store any phone numbers or any other sensitive information in regards to mobile and landlines payment. The payment provider fully lives up to international security standards. All sensitive information is stored by the payment provider solely in encrypted form in a high security data-centre. All collection and storage of sensitive information by the payment providers conforms to the requirements of the Data Protection Act and fully obliges to all international standards.

4.2 Credit card payment security

The Service uses a third party payment provider and therefore we do not store any credit card or bank account information. The payment provider fully lives up to international industry security standards. All credit card and bank account information is stored by the payment provider solely in encrypted form in a high security data-centre. All collection and storage of sensitive information by the payment provider conforms to the requirements of the Data Protection Act and fully obliges to all international security standards.

4.3 Refunds

If you purchase services (including buying Gold or virtual goods) you lose any refund rights you may normally be entitled to when the services are made available to you. We may make exceptions at our sole discretion. If you wish to dispute a purchase you can contact The Service using the contact information mentioned at the bottom of this page.

4.4 Other issues

If you are under 18 years of age or do not pay your own bills, you must get permission from your parents, the person who pays your bills, the card holder or the person paying the phone bill in case of mobile and landlines payment, before making any purchases with that card or phone. If you make any unauthorised payment on The Service - regardless of payment method - your account will be permanently deleted and your IP may get blocked. Also, if you do not adhere to the The Service's Terms & Conditions, your account may be terminated and you will lose any Gold and virtual goods your profile may have. Furthermore, if you delete your own KoGaMa account, you will also lose any Gold you may have left in it.

5. Subscriptions

The Service offers a premium membership ("Elite membership") in the form of a paid, auto-renewable subscription. Upgrading your account with an Elite membership grants access to a range of benefits as listed on http://www.kogama.com/subscription/subscribe (requires login to view).

5.1 Plans

The Elite membership is made available according to the following payment plans:

  • Monthly (Billed every month).
  • Quarterly (Billed ever 3 months).
  • Annual (Billed yearly).

All plans offer the same daily benefits.

5.2 Payment

By purchasing an auto-renewable Elite membership, you acknowledge and agree that your membership will automatically renew and, unless you cancel your membership at least 24 hours prior to expiration you authorize KoGaMa to charge the payment method associated with your account. Payments are made at confirmation of purchase.

The payment method may be either your iTunes Account, your Google Play account or the payment method associated with your last purchase through our partner service Paymentwall.

The period of the membership renewal and the cost of the membership renewal will be the same as your current membership period unless otherwise disclosed to you when you sign up for the membership.

5.3 Cancellation

You may cancel your subscription at any time from the Manage Subscription page located in the menu that is accessed at the top right on our website. Depending on your method of payment, the "Cancel" option on this page may take you to iTunes/App Store (iOS) or Google Play (Android).

If your subscription was made on iOS, auto-renewal may be turned off by going to your device's Account Settings after purchase.

If you cancel your membership, you receive the remainder of your period of membership that you’ve already paid for.

5.4 Free Trial

All new users are offered a free trial of an Elite membership for 7 days. Any unused portion of the free trial period will be forfeited when you purchase a subscription.

6. Legal matters

This contract and any supplemental terms, policies, rules, and guidelines posted on The Service constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You agree that we may electronically provide to you required notices, agreements, and other information concerning The Service. If you no longer agree to receive notices electronically, please cease using The Service.

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of The Service(s), the Game and Materials. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

7. Changes to this document

We may change the Terms of Use for The Service at our own discretion. The user is responsible for checking these terms and conditions periodically for changes. If you continue to use The Service, the Material and the Game after the changes to these terms and conditions have come into force, you are signifying your acceptance of the new terms.

These terms and conditions are governed and interpreted according to the laws of Denmark. You specifically consent to personal jurisdiction in Denmark in connection with any dispute between you and The Service arising out of these terms and conditions or pertaining to the subject matter hereof. The parties to these terms and conditions each agree that the exclusive venue for any dispute between the parties arising out of these terms and conditions or pertaining to the subject matter thereof will be in the courts in Denmark and/or another dispute resolution forum is available pursuant to mandatory consumer law.

8. Contact Information

Multiverse ApS
Njalsgade 76, Postbox 36
2300 Copenhagen S
Denmark
support@kogama.com