Terms of Service
Welcome to Breaker King LTD. (hereinafter referred to as "Breaker King") These Terms of Service (hereinafter referred to as the "Terms") regulate the use of the Services by Breaker King Users. 1. Terms and Definitions As used, these Terms, 1.1. "Breaker King", "we", "us", or "our" refer to Breaker King Publishing Limited and all companies affiliated with Breaker King. 1.2. "Breaker King User" or "Breaker King Users" refer to the users of Breaker King Services. 1.3. "You" or "yours" refer to Breaker King Users. 1.4. "Service" or "Services" refer to applications for mobile platforms or devices and web applications, including web applications accessible on third-party social networking services - "SNS" (collectively referred to as "Breaker King Applications"), technical solutions implemented by Breaker King into mobile and web applications of third parties aimed at application promotion, application analytics, and Breaker King Users' tracking, web-pages of Breaker King at application stores (AppStore, Google Play etc.), accounts, pages, and societies of Breaker King in social networks (Facebook, Instagram etc.), chats and on-line dialogues implemented by Breaker King into Breaker King Applications and mobile and web applications of third parties, web domains and subdomains of Breaker King and Breaker King's partners using the Services of Breaker King, including Breaker King.top (collectively referred to as "Sites"), and other web forums or messaging boards in Breaker King Applications and our Sites (collectively referred to as "Forums"). "Breaker King Applications" refer to applications: • that were developed by Breaker King; • that were developed by a third party but inside which Breaker King implemented technical solutions for application promotion and in-app analytics (including Breaker King Users' tracking and Breaker King Users' behavior analysis); • that were developed by a third party but regarding which Breaker King gave to the third party advice on the technical solutions that should be implemented inside the applications for application promotion and in-app analytics (including Breaker King Users' tracking and Breaker King Users' behavior analysis); • that were developed by a third party but which were promoted by Breaker King through the Internet, including promotion through application stores (AppStore, Google Play etc.), social networks (Facebook, Instagram etc.), promotion through influencers (including but not limited to promotion by video bloggers on YouTube and other kinds of video hosting), promotion by means of Apple Store Optimization – ASO (including but not limited to application icon creation, choice of optimal application name, key words selection for optimal application search, drafting description of the application for application stores, and creating screenshots of the application), and promotion through other applications for mobile platforms or devices and web applications; • that were developed by a third party but inside which Breaker King implemented advertisement of another application for mobile platforms or devices, or web application, including another Breaker King Application; • that were developed by a third party but were published on Breaker King's accounts and pages in social networks (Faceboot, Instagram etc.). In all cases when Breaker King Application was not developed by Breaker King, Breaker King has exclusive, sole, and sub-licensable right to use such Breaker King Application. 1.5. "Intellectual Property Rights" refer to right, title, and interest in and to the Services and Breaker King Content; such right, title, and interest cover all intellectual property rights in respect of Services and Breaker King Content, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights owned by Breaker King, its subsidiaries or Breaker King's licensors that provided Breaker King with exclusive, sole, and sub-licensable right to use Breaker King Applications. 1.6. "Breaker King Content" refers to text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, Breaker King or our licensors' trademarks and logos, Breaker King Applications, and other content made available by Breaker King on or through our Services, including any Customizations but excluding User Content. 1.7. "Customizations" refer to the modifications, designs or enhancements to Breaker King Content in Breaker King Applications as a result of a Member's or a non-registered user's customization of a virtual character in Breaker King Applications using one of Breaker King's interactive templates or design tools. 1.8. "Virtual Items" refer to Breaker King Content that is purchased, found through use of Breaker King Applications, and used in Breaker King Applications by Breaker King Users for entertainment. Such Virtual Items may include but are not limited to virtual weapon, virtual medical aid kits, virtual natural resources and other items that can be used by Breaker King Users free of charge or for a fee. 1.9. "Virtual Currency" refers to Breaker King Content that is purchased and used in Breaker King Applications for purposes of purchasing and using Virtual Items. 1.10. "Tradable Items" refer to Virtual Items and Virtual Currency that cannot be purchased with real world money. 1.11. "Member" or "Members" refer to Breaker King Users who registered and created an In-Game Account on one of the Breaker King Applications. 1.12. "In-Game Account" refers to the account created by Breaker King User on one of the Breaker King Applications. 1.13. "User Content" refers to text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by Members or other Breaker King Users on or through our Services. Please read these Terms carefully because they govern your access to and use of our Services, Breaker King Content, and User Content and are legally binding. 2. Providing Breaker King with Consent to the Terms 2.1. When you open the downloaded Breaker King Application or otherwise obtain access to the Services of Breaker King, a dialog box will appear on the screen of your device. The dialog box will contain the following text: "I fully and freely agree with the Terms of Service and Privacy Policy". The box will also contain the link to the Terms of Service and the button "I accept". By pushing this button, you express your consent to these Terms. 2.2. The dialog box specified in para.2.1 of the Terms will also contain the text "I confirm that I am 16+ (or holding parental responsibility)", and the box by ticking which you confirm that you are 16 years of age or more, or that you are a person holding parental responsibility over the Breaker King User who is less than 16 years of age and you consent to the use of the Services by such Breaker King User. 2.3. The dialog box specified in para.2.1 will also ask you to agree with processing of your personal data. The mechanism of providing Breaker King with your consent to processing of your personal data is determined in Privacy Policy of Breaker King that you can find by following the link https://Breaker King.com/privpolicy 3. Modification 3.1. Breaker King reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. 3.2. If we modify these Terms, we will post these Terms as modified on our Site Breaker King.com. By continuing to access or use our Services after we have posted a modification to these Terms, you are indicating that you agree to be bound by the modified Terms. The Terms will be modified at least once per 12 (twelve) calendar months beginning from the date of posting the latest version of these Terms. We encourage you to periodically visit our Site Breaker King.com to monitor the updates on these Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services. 3.3. If you cease using our Services, you have a right to delete your In-Game Account and send us a verifiable request to delete your personal data associated with your In-Game Account. A verifiable request can be sent via our e-mail [email protected]. 3.4. If you send us the request to delete your In-Game Account, you shall mention your username, nickname or login used in In-Game Account, your unique identifier that you used for creating an In-Game Account (for example, Facebook ID, Game Center ID etc.), and any other data that is reasonably needed to identify your personal data associated with your In-Game Account. 4. Breaker King License 4.1. Subject to your compliance with these Terms, Breaker King hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and use Breaker King Services and Breaker King Content that is a part of these Services solely for your personal and non-commercial purposes. 4.2. You may not use Breaker King Services and Breaker King Content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of AppQunatum or others. 4.3. Notwithstanding any other rights or restrictions in these Terms, you shall not use Breaker King Services or Breaker King Content to: 4.3.1. violate any laws, third party rights, or Breaker King's Privacy Policy; 4.3.2. copy, modify, host, stream, sublicense or resell Services or Breaker King Content except as otherwise explicitly provided in these Terms; 4.3.3. enable or allow others to use your In-Game Account; 4.3.4. circumvent any use restrictions put into place by these Terms or Privacy Policy of Breaker King to prevent illegal uses of the Services; 4.3.5. upload or share any User Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another's privacy, or hateful; 4.3.6. introduce to Breaker King Services viruses, worms, Trojan horses, and/or harmful code; 4.3.7. obtain unauthorized access to any computer system that is used by Breaker King for managing Services and Breaker King Content; 4.3.8. invade the privacy of other Breaker King Users; 4.3.9. disrupt, interfere with, or inhibit any other Breaker King User from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way); 4.3.10. misrepresent your identity or use a false e-mail address; 4.3.11. Improperly use in-game support or complaint buttons or make false reports to Breaker King staff. 4.3.12. Use information about users publicly available in any Breaker King Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world. 4.3.13. tamper with or obtain illegal access to the Services or Breaker King Content; 4.3.14. place an advertisement of any products or services in the Services except with Breaker King's prior written approval; 4.3.15. conduct fraudulent activities; or 4.3.16. collect or harvest information regarding other users of Breaker King Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email or for any other reason not specified in these Terms. 4.4. All Breaker King Users have a right to provide us with feedback on the Services of Breaker King and Breaker King's business activities. The feedback can be sent to our e-mail [email protected]. 4.5. You can freely use our Services only if you are 16 years of age or more. If you are under the age of 16, you shall obtain the consent to the use of the Services from your parent or guardian in accordance with para.2.2 of these Terms. 4.6. The Services of Breaker King may contain links to third-party web-sites and resources and other materials of third parties. Because we do not control the content of such web-sites, resources, and other materials, as well as availability of such web-sites, resources or other materials, it is your sole responsibility for and assume all risks arising from your use of any such websites or resources. 4.7. Breaker King can offer Breaker King Users sweepstakes, contests and similar promotions through the Services. Each promotion may contain special rules of the promotion, and you should carefully review them because they may contain additional important information about Breaker King's rights to and ownership of the submissions you make as part of the such promotions and as a result of your participation in such promotions. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control. 4.8. The use of Services is free of charge. However, there can be special in-app purchases implemented into Breaker King Applications that provide Breaker King Users with additional features and functions, including Virtual Items and Virtual Currency. If you purchase Virtual Items or Virtual Currency, you agree that all such purchases are final. You can refund the purchase price of Virtual Items or Virtual Currency only if such Virtual Items or Virtual Currency become unavailable for you before they are provided to you but after the transaction has been made. Besides, if you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 (seven) working days of the date of purchase ("Cooling Off Period") may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. 4.9. Violation of these Terms results in deletion or block of your In-Game Account and restriction of your access to Breaker King Applications, block or other restriction of your access to the Services that are not Breaker King Applications. We have no obligation to provide you with notice on deletion of your In-Game Account or restriction of your access to the Services of Breaker King. Your access to the Services can be restored only after you send us a request for restoration of your access to the Services to our e-mail [email protected] , and we take a positive decision to restore your access to Services. We have no obligation to put off the block from your In-Game Account or otherwise restore your access to the Services. We will not reinstate your In-Game Account if there is no technical possibility to do that. 4.10. The measures specified in para.4.9 of this Section do not preclude Breaker King from taking other actions needed for protection of Breaker King's rights, including Intellectual Property Rights. In particular, Breaker King reserves the right to file a lawsuit against Breaker King User who violated these Terms and request for compensating the damages caused by such violation. We can also require you to compensate any loss and damages caused by the lawsuit from a third party that alleged Breaker King Services contained User Content or Customizations which violated copyright or other intellectual property laws, and you were the source of such User Content or Customizations. 4.11. If your In-Game Account is deleted by you or by use due to violation of these Terms or due to any other reason, you will also lose all the Virtual Items you purchased and used in Breaker King Application on your In-Game Account. You may also lose access to all User Content that you posted, uploaded, created or modified on our Services.4.12. If you send us a request specified in para.4.9 of these Terms, you shall provide us with the information that would allow us to identify your In-Game Account or otherwise identify you as the Breaker King User (including but not limited to your unique identifier, your e-mail address, your login or nickname that you use in Breaker King Applications and other reasonably needed information).4.13. If other Breaker King Users notice that you violate these Terms while using the Services, they can report about your actions that violate the Terms via our e-mail [email protected] . In this case we have the right to take reasonable actions needed to prevent the violations of the Terms by you. If needed, we will block or delete your In-Game Account or otherwise restrict your access to our Services based on the report of another Breaker King User and your response that you may provide to us we ask you to do so. 4.14. Please note that if You request Your personal data to be erased as specified in Privacy Policy, You will permanently and without a right to a refund lose all Your Virtual Items. YOU ACKNOWLEDGE THAT BREAKER KING IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT 5. Registration and Creation of In-Game Account in Breaker King Applications 5.1. In order to access the full set of features of Breaker King Applications, and to post any User Content on or through our Breaker King Applications, you must register by creating an In-game Account and become a Member. 5.2. In registering for an In-game Account as a person who is 16 years of age or more, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Breaker King Applications by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors. 5.3. During the registration process, you will be required to provide certain information, including, but not limited to: 5.3.1. your email address; 5.3.2. your unique identifier by which you can identify yourself in application store or social network (for example, Facebook ID, Game Center ID); 5.3.3. your nickname that you will use in Breaker King Application; 5.3.4. other personal information that is needed for creation of In-Game Account. During the registration process, you can also be obliged to establish a username or a login and a password from your In-Game Account. 5.4. Please take into account that this list of personal information that you shall provide for creation of an In-Game Account is not full and can be supplemented by the list of other personal data that we collect from you under our Privacy Policy. You can read the text of Privacy Policy by following the link https://Breaker King.com/privpolicy 5.5. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your Account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Breaker King reserves the right to refuse registration of, or cancel, a username, in its sole discretion. You can update such information through your In-Game Account by contacting as via e-mail [email protected] . 5.6. You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your In-game Account, and you agree to take sole responsibility for any activities or actions under your In-game Account, whether or not you have authorized such activities or actions. You shall immediately notify Breaker King of any unauthorized use of your In-game Account via e-mail [email protected] . 5.7. You have no property rights or interests in your In-Game Account. All In-Game Accounts are property of Breaker King. You cannot sell or transfer otherwise your In-Game Account to a third party. 6. Use of Breaker King Applications 6.1. Breaker King Users who created an In-Game Account and became members have a full set of rights to use Breaker King Applications. In particular, Members have a right to: 6.1.1. Play mobile and web games that are Breaker King Applications; 6.1.2. Use all the features and functions of both mobile and web games and other Breaker King Applications; 6.1.3. Chat with other Members through the chats and on-line dialogues implemented by Breaker King into Breaker King Applications and mobile and web applications of third parties, and through other Forums of Breaker King Applications; 6.1.4. Post, view, upload, create, modify, and comment any lawful User Content in Breaker King Applications, including posting, viewing, and commenting by use of the chats, on-line dialogues and other Forums of Breaker King Applications to the extent that such actions do not violate other Breaker King Users' rights; 6.1.5. Provide Breaker King with feedback and rating on the work and features of Breaker King Applications; 6.1.6. Purchase and use Virtual Items and Virtual Currency; 6.1.7. Add lawful Customizations to Breaker King Content of Breaker King Applications; 6.1.8. Perform other lawful actions that do not violate these Terms or other applicable law. 6.2. If you purchase or use Virtual Items and Virtual Currency, such Virtual Items and Virtual Currency are provided to you solely for your personal and entertainment use. They may only be used in Breaker King Applications, and they have no "real world" value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in Breaker King Applications; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you. 6.3. The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice. You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency. You can only exchange Virtual Items and Virtual Currency that are Tradable Items for other Tradable Items so long as no real world money or anything of real monetary value is paid or given for such Tradable Items. Any other purported or attempted exchange is strictly prohibited. 6.4. If we find out that you attempted to or transferred your Virtual Items or Virtual Currency to another Breaker King User or third party or sold Virtual Items or Virtual Currency for real world money, we will delete your In-Game Account and restrict your access to our Services. 6.5. Some of the Breaker King Applications may be used without the creation of In-Game Account. In this case Breaker King Users who did not create In-Game Accounts may have less rights than provided in Section 6 of these Terms. 6.6. Breaker King Applications are intended solely for your personal and non-commercial use. Breaker King may change, suspend or discontinue the Breaker King Applications (or any feature thereof) at any time. Breaker King may also impose limits on certain features and services offered in connection with the Breaker King Applications or restrict your access to parts or all of Breaker King Applications without notice or liability. You acknowledge that from time to time Breaker King Applications may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Breaker King may undertake from time to time; or (iii) causes beyond the control of Breaker King or which are not reasonably foreseeable by Breaker King. 6.7. Collection and processing of your personal data related to your use of Breaker King Applications as a Member is regulated by our Privacy Policy that you can read by following the link https://Breaker King.com/privpolicy 7. In-Game Goods 7.1. Games and applications include virtual in-game currency such as coins, cash and / or diamonds, which can be purchased with real money and, in turn, used to purchase virtual in-game items ("Virtual Items"). 7.2. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them. 7.3. All Virtual Currency and Virtual Items transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency and Virtual Items, You are bound by and agree to the third-party payment providers' Terms of Use. 7.4. Price and availability of Virtual Items are subject to change without notice. 7.5. Breaker King may manage, regulate, control, modify or eliminate available Virtual Items at any time, with or without notice. Breaker King may also revise the pricing for the goods and services offered through the Service at any time. Breaker King shall have no liability to You or any third party in the event that Breaker King exercises any such rights. 7.6. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have been designated by the U.S. Government as a «terrorist supporting» country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation 8. Use of Other Breaker King Services 8.1. Both Members and other Breaker King Users have an equal right to use our Services that are not Breaker King Applications. 8.2. In particular, all Breaker King Users have the right to search and browse through: 8.2.1. Official web-site of Breaker King Breaker King.com and official web-sites of our partners, subsidiaries and licensors that provided us with exclusive, sole, and sub-licensable right to use Breaker King Applications; 8.2.2. Other web-sites belonging to Breaker King, its subsidiaries and licensors; 8.2.3. Accounts, pages, and societies of Breaker King in social networks (such as Facebook, Instagram, YouTube etc.); 8.2.4. Web-pages of Breaker King at application stores (such as AppStore and Google Play); 8.2.5. Forums of Breaker King except for Forums implemented into Breaker King Applications. 8.3. Furthermore, both Members and other Breaker King Users have the right to chat and comment on any User Content through our Services and provide us with feedback and rating on the work and features of Breaker King Applications. This right applies to the Services that are not Breaker King Applications and to Breaker King Applications that do not require creation of In-Game Account. 8.4. Both Members and other Breaker King Users have the right to post, view, upload, create, and modify any lawful User Content in or through Services, including posting, viewing, uploading, creation, and modification by use of the accounts, pages, and societies of Breaker King in social networks (Facebook, Instagram etc.), chats, on-line dialogues and other Forums and Sites of Breaker King and on other Services that do not require creation of In-Game Account. Such actions can be performed by all Breaker King Users to the extent that they do not violate other Breaker King Users' rights. 8.5. Collection and processing of your personal data related to your use of Breaker King Services as an Breaker King User is regulated by our Privacy Policy that you can read by following the link https://Breaker King.com/privpolicy 9. Ownership 9.1. Our Services and Breaker King Content are protected by copyright, trademark, and other laws of the Republic Cyprus, legal acts of European Union, and other foreign countries laws and regulations. Except as expressly provided in these Terms, Breaker King, its subsidiaries, and our licensors exclusively own all Intellectual Property Rights. 9.2. Breaker King owns all right, title and interest in and to any Customizations, and you hereby waive any and all rights you may have had in any Customizations under copyright law or otherwise. 9.3. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or Breaker King Content. 10. User Content 10.1. By making available any User Content on or through our Services, you hereby grant to Breaker King a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Services. 10.2. Breaker King does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you are either the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to Breaker King the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Breaker King's use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 11. Compliance with Copyright and Other Intellectual Property Laws 11.1. All User Content that is created, posted, uploaded, viewed, commented on, or modified on or through the Services by Breaker King Users, as well as any Customizations provided by Breaker King Users in respect of Breaker King Applications shall comply with copyright and other intellectual property laws, including Digital Millennium Copyright Act (DMCA), and shall not violate Intellectual Property Rights and intellectual property rights of other Breaker King Users. The use of the Breaker King Content by Breaker King Users shall not violate copyright laws, including Digital Millennium Copyright Act (DMCA), and other intellectual property laws and regulations. 11.2. If you believe someone has uploaded User Content or Customizations to our Services that infringes your copyright or your trademark and violates DMCA, please let us know by sending us an Intellectual Property (IP) infringement notice. 11.3. For copyright notices, the notice must meet all requirements of the DMCA (described below). For trademark infringement notices, person or legal entity must provide Breaker King with clear information about the location of the allegedly infringing work, complete information about trademark, and contact information (name, physical address, e-mail address, and telephone number). 11.4. You can send a DMCA Notice, DMCA Counter Notice or Trademark Notice to the following e-mail: [email protected] . You can also send a DMCA Notice, DMCA Counter Notice or Trademark Notice to our address: Boumpoulinas, 1-3, Bouboulina Building, Flat/Office 42, 1060, Nicosia, Cyprus. 11.5. When you send a DMCA Notice, DMCA Counter Notice or Trademark Notice to us, we always provide a copy of your notice to the Breaker King User who uploaded the User Content or Customizations you say are infringing. 11.6. If you believe your copyright-protected work was used in our Services without authorization, you may submit a DMCA Notice. It should contain: 11.6.1. A clear description of the copyrighted work infringed; 11.6.2. The uniform resource locator (URL) where the material you claim is infringing is located on our Services, or a description of that location sufficiently detailed for us to find it; 11.6.3. A statement that you have a good faith belief that the use of the content identified in your DMCA notice is not authorized by the copyright owner, its agent or the law; 11.6.4. Your contact information (such as your name, physical address, e-mail address, and telephone number); 11.6.5. A certification, under penalty of perjury, that the DMCA notice is accurate, signed (either electronically or physically) by the copyright owner or the copyright owner's legal representative; and 11.6.6. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on copyright owner's behalf. 11.7. Before you file your DMCA notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys' fees. If you are unsure whether someone's use of your copyrighted material amounts to infringement, please contact an attorney. 11.8. If you believe we disabled your content on our Services as a result of an improper copyright infringement notice, you can file a DMCA Counter Notice. Breaker King will only take action in response to DMCA Counter Notices that contain all of the following: 11.8.1. A clear description of the material we disabled and the location where it was hosted before disabling; 11.8.2. A statement that you consent to jurisdiction of the Federal District Court for the Southern District of New York and that you will accept service of process from the person who filed the DMCA notice you are responding to or their agent; 11.8.3. Your contact information (such as your name, physical address, e-mail address and telephone number); and 11.8.4. A statement made and signed by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification. 11.9. Before you file your DMCA Counter Notice, please carefully consider whether your use of the material at issue is infringing. If you file a DMCA Counter Notice when your use is infringing, you could be liable for costs and attorneys' fees. If you are unsure whether your use of the content at issue amounts to infringement, please contact an attorney. 11.10. We process copyright notices in the order they are received. Please note that submitting duplicate DMCA notifications may cause delayed processing. 11.11. Our response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material. 12. Disclaimers 12.1. Our Services and Breaker King Content are provided as is, without warranty of any kind, either express or implied. 12.2. Without limiting the foregoing, Breaker King explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. 12.3. Breaker King makes no warranty that our Services, Breaker King Content or User Content will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. 12.4. Breaker King makes no warranty regarding the quality of any Services or Breaker King or User Content purchased or obtained through our Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any Breaker King or User Content obtained through our Services. 12.5. No advice or information, whether oral or written, obtained from Breaker King or through our Services, Breaker King Content or User Content, will create any warranty not expressly made herein. 13. Limitation of Liability 13.1. Breaker King is not liable to Breaker King User or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if Breaker King has been advised of the possibility of the loss or damages), including losses and damages: 13.1.1. resulting from loss of use, data, or profits, whether or not foreseeable; 13.1.2. based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or 13.1.3. arising from any other claim arising out of or in connection with Breaker King User's use of or access to the Services. 13.2. By agreeing to these Terms, you specifically acknowledge that Breaker King is not liable for the defamatory, offensive or illegal conduct of other Breaker King Users or third parties, and that the risk of injury from the foregoing rests entirely with you further. Breaker King will also have no liability for any User Content uploaded to or downloaded from or through the Services. 13.3. In no event will the total liability of Breaker King arising out of or in connection with application of these Terms or use of Services exceed 100 (one hundred) U.S. dollars. 13.4. The rules provided in paras.12.1-12.3 of this Section do not apply if imperative rules of applicable law provide otherwise. 14. Applicable Law and Dispute Resolution 14.1. These Terms, their validity, interpretation, modification, and performance are governed by the law of the United Kingdom of Great Britain and Northern Ireland. 14.2. If laws and legal acts of other countries or supranational and international organizations, including, but not limited to, DMCA, California Consumer Privacy Act (CCPA), and General Data Protection Regulation (GDPR) provide that the business activity of Breaker King related to providing Breaker King Users with access to the Services is governed by these laws and legal acts, and such provisions are peremptory and cannot be avoided by Breaker King, such laws and acts apply. 14.3. If an Breaker King User has any concern about application of these Terms or does not agree with any of the actions of Breaker King related to the application of these Terms or providing Breaker King Users with the Services, such Breaker King User shall send a claim to Breaker King via e-mail [email protected] . Breaker King shall response to the claim within 30 (thirty) calendar days after receiving the claim. Breaker King sends the response to the claim to the e-mail address of Breaker King User that he mentioned in the claim. 14.4. If the Breaker King User is not satisfied with the response to the claim, he can resolve a dispute in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State. 14.5. All other disputes between Breaker King and Breaker King Users with respect to the application of these Terms shall also be resolved in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State. 14.6. With respect to disputes determined in para.13.4 and para.13.5 of these Terms both Breaker King and Breaker King User that has agreed to these Terms waive any objection to jurisdiction and venue in courts specified in this Section of the Terms. In resolving the dispute specified in para. 13.4 and para. 13.5 of the Terms, the court shall apply the law of the United Kingdom of Great Britain and Northern Ireland unless otherwise is explicitly provided by laws and legal acts of other countries application of which cannot be avoided by Breaker King. 15. Language The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only, and the English version shall govern to the extent of any inconsistency. 16. Contacting us All communication with Breaker King regarding the application of these Terms or the use of the Services is conducted through Breaker King e-mail [email protected] . We also use the following third-parties' trademarks in our website: - Apple, the Apple logo, iPhone, and iPad, which are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc. - Google Play and the Google Play logo are trademarks of Google LLC.