IKKUNA GAMES
PRIVACY POLICY
Effective Date: December 1st, 2023
Thank you for playing Curse Breaker
This document describes what kind of data we collect and why.
We do not collect any personal information at any point or store any sensitive information to our
own servers.
We use Google Analytics (Firebase) with coarse location and Device ID to gather business critical
information such as:
- Retention. How many times has random ID started our game?
- Playtime. How long did any random ID stay in our game?
- Progression. How long did any random ID progress in our game?.
We use this information to improve the game.
We are not aiming to target any offers or ads based on your location or personal information. We
target such monetisation and quality offers purely on your actions inside the game.
We are not using any other 3rd party plugins besides Firebase at this point. Not even any ads
providers.
Do not provide us with any personal information at any point.
And also within the game keep good care of your personal privacy.
If you have any questions concerning your privacy, contact us by email. windowgames21@gmail.com
We are located in Oulu, Finland with no physical office address at this point.
This document is due to updates each time we update our game and if any additional privacy related
matter
arise.
TERMS OF SERVICE
Ikkuna GamesEffective Date: December 1st, 2023
The terms of this agreement (“Terms of Service”) govern the relationship between you and Ikkuna
Games, a (unofficial) Finnish company, (hereinafter “Ikkuna Games” or “Us” or “We”) regarding your
use of Ikkuna Games' games, websites and related services (the “Service”). Use of the Service is
also governed by Ikkuna Games' Privacy Policy and other relevant policies, which are incorporated
herein by reference.
Before accessing or using the Service, including browsing any Ikkuna Games website or accessing a
Ikkuna Games game, you must agree to these Terms of Service and the Privacy Policy. You may also be
required to register an account on the Service (an “Account”). By registering for an Account or
otherwise using the Service, you represent that you are age 13 or older. If you are between the
ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you
shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF
YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE
SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Ikkuna Games reserves the right, at its discretion, to change, modify, add or remove portions of
these Terms of Service, its Privacy Policy and other relevant Ikkuna Games policies at any time by
posting the amended terms on the Ikkuna Games Service. You will be deemed to have accepted such
changes by continuing to use the Service. If at any point you do not agree to any portion of the
then current version of our Terms of Service, the Ikkuna Games Privacy Policy, or any other Ikkuna
Games policy, rules or codes of conduct relating to your use of the Service, your license to use
the Service shall immediately terminate, and you must immediately stop using the Service.
1. License
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other
relevant Ikkuna Games policies, Ikkuna Games grants you a non-exclusive, non- transferable,
non-sublicensable, revocable and limited license to access and use the Service for your own
non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
● You shall not create an Account or access the Service if you are under the age of 13; You shall
restrict use by minors, and you will deny access to children under the age of 13. You accept full
responsibility for any unauthorized use of the Service by minors. You are responsible for any use
of your credit card or other payment instrument (e.g. paypal) by minors.
● You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account
using a false identity or information, or on behalf of someone other than yourself; You shall not
use the Service if you have previously been removed by Ikkuna Games, or
previously been banned from playing any Ikkuna Games game.
● You shall use your Account only for non-commercial purposes; You shall not use the Service to
advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or
spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to
access the Account (“Login Information”). You shall not share the Account or the Login Information,
nor let anyone else access your Account or do anything else that might jeopardize the security of
your Account. In the event you become aware of or reasonably suspect any breach of security,
including without limitation any loss, theft, or unauthorized disclosure of the Login Information,
you must immediately notify Ikkuna Games and modify your Login Information. You are solely
responsible for maintaining the confidentiality of the Login Information, and you will be
responsible for all uses of the Login Information, including purchases, whether or not authorized
by you. You are responsible for anything that happens through your Account.
Ikkuna Games reserves the right to remove or reclaim any usernames at any time and for any reason,
including but not limited to claims by a third party that a username violates the third party’s
rights.
The Service supports only one Account per game on a supported device. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result
in the immediate revocation of your limited license and may subject you to liability for violations
of law.
You agree that you will not, under any circumstances:
● Engage in any act that Ikkuna Games deems to be in conflict with the spirit or intent of the
Service or make improper use of Ikkuna Games' support services.
● Use or take part (directly or indirectly) in the use of cheats, exploits, automation software,
bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the
Service, any Ikkuna Games game or any Ikkuna Games game experience.
● Modify or cause to be modified any files that are a part of the Service or any Ikkuna Games game
without Ikkuna Games' express written consent.
● Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or
otherwise act in a manner that may negatively affect other users’ experience when using the Service
or playing Ikkuna Games games. This includes win trading and any other kind of manipulation of
rankings, taking advantage of errors in the Service to gain an unfair advantage over other players
and any other act that intentionally abuses or goes against the design of the Service.
● Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or
server (“Server”) used to offer or support the Service or any Ikkuna Games game environment.
● Institute, assist, or become involved in any type of attack, including without limitation
distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt
the Service or any other person’s use or enjoyment of the Service.
● Attempt to gain unauthorized access to the Service, Accounts registered to others or to the
computers, Servers, or networks connected to the Service by any means other than the user interface
provided by Ikkuna Games, including but not limited to, by circumventing or modifying, attempting
to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any
security, technology, device, or software that is part of the Service.
● Post any information that is abusive, threatening, obscene, defamatory, libelous, or
racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic
behavior, such as by repeatedly posting information on an unsolicited basis.
● Post any information that contains nudity, excessive violence, or offensive subject matter or
that contains a link to such content.
● Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of
another person, group, including Ikkuna Games employees, including Ikkuna Games' customer service
representatives.
● Make available through the Service any material or information that infringes any copyright,
trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person
or entity or impersonates any other person, including without limitation a Ikkuna Games employee.
● Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source
code for any underlying software or other intellectual property used to provide the Service or any
Ikkuna Games game, or to obtain any information from the Service or any Ikkuna Games game using any
method not expressly permitted by Superhit.
● Solicit or attempt to solicit Login Information or any other login credentials or personal
information from other users of the Service or any Ikkuna Games game.
● Collect or post anyone’s private information, including personally identifiable information
(whether in text, image or video form), identification documents, or financial information through
the Service.
Ikkuna Games reserves the right to determine what conduct it considers to be in violation of the
rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service
itself. Ikkuna Games reserves the right to take action as a result, which may include terminating
your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, Ikkuna Games MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE
ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Ikkuna Games SUSPECTS THAT YOU
ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR
IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA
IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS,
PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND Ikkuna
Games IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER
ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES
AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE
TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE
CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD
PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY,
WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF
USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Ikkuna Games RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Ikkuna Games reserves the right to stop offering and/or supporting the Service or a particular game
or part of the Service at any time, at which point your license to use the Service or a part
thereof will be automatically terminated. In such an event, Ikkuna Games shall not be required to
provide refunds, benefits or other compensation to users in connection with such discontinued
Service. Termination of your Account can include disabling your access to the Service or any part
thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by emailing
windowgames21@gmail.com and inform Ikkuna Games that you wish to terminate your account.
2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games,
titles, computer code, themes, objects, characters, character names, stories, dialogue, catch
phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods
of operation, moral rights, documentation, in-game chat transcripts, character profile information,
recordings of games played using a Ikkuna Games game client, and the Ikkuna Games game clients and
server software) are owned by Ikkuna Games reserves all rights, including without limitation, all
intellectual property rights or other proprietary rights, in connection with its games and the
Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO
OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL
RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE
BENEFIT OF IkkunaGames.
2.3. Virtual Items
Ikkuna Games owns, has licensed, or otherwise has rights to use all of the content that appears in
the Service or in Ikkuna Games games. Notwithstanding any provision to the contrary herein, you
agree that you have no right or title in or to any content that appears in the Service, including
without limitation the virtual goods or currency appearing or originating in any Ikkuna Games game,
whether earned in a game or purchased from Ikkuna Games, or any other attributes associated with an
Account or stored on the Service.
3. User Content
3.1. Submission of User Content
“User Content” means any communications, images, sounds, and all the material, data, and
information that you upload or transmit through a Ikkuna Games game client or the Service, or that
other users upload or transmit, including without limitation any chat text. By transmitting or
submitting any User Content while using the Service, you affirm, represent and warrant that such
transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation
of any laws, contractual restrictions or other third party rights, and that you have permission
from any third party whose personal information or intellectual property is comprised in the User
Content; (c) free of viruses, adware, spyware, worms or other malicious code; and
(d) you acknowledge and agree that any of your personal information within such content will at all
times be processed by Ikkuna Games in accordance with its Privacy Policy.
3.1.1. Content Screening
Ikkuna Games assumes no responsibility for the conduct of any user submitting any User Content and
assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do
not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own
risk. By using the Service, you may be exposed to User Content that is offensive, indecent
or otherwise not in line with your expectations. You bear all risks associated with the use of any
User Content available in connection with the Service. At our discretion, our representatives or
technology may monitor and/or record your interaction with the Service or communications (including
without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such
monitoring and recording. You acknowledge and agree that you have no expectation of privacy
concerning the transmission of any User Content, including without limitation chat text or voice
communications.
Ikkuna Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete,
disable access to or otherwise make unavailable any User Content (including without limitation your
User Content) without notice for any reason or for no reason at any time. If at any time Ikkuna
Games chooses, in its sole discretion, to monitor the Service, Ikkuna Games nonetheless assumes no
responsibility for User Content and assumes no obligation to modify or remove any inappropriate
User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to
post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content,
including your observations and comments on designated topics. Superhit cannot guarantee that other
members will not use the ideas and information that you share. Therefore, if you have an idea or
information that you would like to keep confidential and/or don’t want others to use, do not post
it on the Service. Ikkuna Games shall have no responsibility to evaluate, use or compensate you for
any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the
Service and that you provide to others. Ikkuna Games may reject, refuse to post or delete any User
Content for any or no reason, including, but not limited to, User Content that in the sole judgment
of Ikkuna Games violates these Terms of Service.
3.2.3. Your License to Ikkuna Games
You hereby grant to Ikkuna Games an irrevocable, perpetual, transferable, fully paid up, royalty-
free, worldwide license (including the right to sublicense and assign to third party) and right to
copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize,
publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display,
publicly perform, or provide access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and practice, in any way,
your User Content as well as all modified and derivative works thereof in connection with our
provision of the Service, including marketing and promotions of the Service. You also hereby grant
to Ikkuna Games the right to authorize others to exercise any of the rights granted to Ikkuna Games
under these Terms of Service. You further hereby grant to Ikkuna Games the unconditional,
irrevocable right to use and exploit your name, likeness and any other information or material
included in any User Content and in connection with any User Content, without any obligation to
you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you
may have in your User Content, regardless of whether your User Content is altered or changed in any
manner. Ikkuna Games does not claim any ownership rights in your User Content and nothing in these
Terms of Service is intended to restrict any rights that you may have to use and exploit your User
Content. Ikkuna Games has no obligation to monitor or enforce your intellectual property rights in
or to your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other
parties with whom you interact through the Service and/or Ikkuna Games games. Ikkuna Games reserves
the right, but has no obligation, to become involved in any way with these disputes.
You will fully cooperate with Ikkuna Games to investigate any suspected unlawful, fraudulent or
improper activity, including, without limitation, granting Ikkuna Games access to any password
protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way connected
with such disputes.
4. Fees and Purchase Terms
4.1. Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable,
non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to
virtual cash or diamonds, all for use in Ikkuna Games games; (b) “virtual in-game
items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services
(“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners
through the Service, and not in any other way.
Ikkuna Games may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at
any time, with or without notice. Ikkuna Games shall have no liability to you or any third party in
the event that Ikkuna Games exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in
the Service. Other than as expressly authorized in the Service, you shall not sell, purchase,
redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of
the aforesaid, including but not limited to Ikkuna Games, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND
NON-REFUNDABLE.
The provision of Virtual Items for use in Ikkuna Games games is a service provided by Ikkuna Games
that commences immediately upon acceptance by Ikkuna Games of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account
registered to you. Ikkuna Games may revise the pricing for the goods and services offered through
the Service at any time. YOU ACKNOWLEDGE THAT Ikkuna Games 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
AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. Ikkuna Games may require that you accept
updates to the Service and to Ikkuna Games games you have installed on your device or computer. You
acknowledge and agree that Ikkuna Games may update the Service and Ikkuna Games games, with or
without notifying you. You may need to update third party software from time to time in order to
receive the Service and play Ikkuna Games games.
6. Disclaimer of Warranties
WITHOUT LIMITING Ikkuna Games' LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE. Ikkuna Games DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT
THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT
DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above
disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ikkuna Games SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES
(HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF
SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT Ikkuna Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT
PROHIBITED BY LAW, Ikkuna Games SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID
TO Ikkuna Games IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY
PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE
NOT PAID ANYTHING TO Ikkuna Games DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Ikkuna Games'
EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH Ikkuna Games IS TO STOP USING THE SERVICE AND TO CANCEL
YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR
RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Ikkuna Games OR FOR
DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF IkkunaGames.
You agree to indemnify, defend and hold Ikkuna Games (and our officers, directors, agents,
subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other
losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising
out of your use of the Service, or any breach by you of these Terms of Service, however the
foregoing does not apply if the infringement of rights is not attributable to your intentional or
negligent behavior.
8. Dispute Resolution and Law
You agree that all disputes between you and Ikkuna Games shall be governed by the laws of Finland,
without regard to conflict of law provisions. You agree that any claim or dispute you may have
against Ikkuna Games must be resolved exclusively by a court located in Oulu, Finland.
9. Severability
You and Ikkuna Games agree that if any portion of these Terms of Service or of the Ikkuna Games
Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent
jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of
such determination of invalidity or unenforceability without affecting the validity or
enforceability thereof in any other manner or jurisdiction and without affecting the remaining
provisions of the terms, which shall continue to be in full force and effect.
10. General Provisions
10.1. Assignment
Ikkuna Games may assign or delegate these Terms of Service and/or the Ikkuna Games Privacy Policy,
in whole or in part, to any person or entity at any time with or without your consent. You may not
assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without
Ikkuna Games' prior written consent, and any unauthorized assignment and delegation by you is
ineffective.
10.2. Supplemental Policies
Ikkuna Games may publish additional policies related to specific services such as forums, contests
or loyalty programs. Your right to use such services is subject to those specific policies and
these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by
reference herein (including the Ikkuna Games Privacy Policy), contain the entire understanding of
you and Ikkuna Games, and supersede all prior understandings of the parties hereto relating to the
subject matter hereof, whether electronic, oral or written, or whether established by custom,
practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The failure of Ikkuna Games to require or enforce strict performance by you of any provision of
these Terms of Service or the Ikkuna Games Privacy Policy or failure to exercise any right under
them shall not be construed as a waiver or relinquishment of Ikkuna Games' right to assert or rely
upon any such provision or right in that or any other instance.
The express waiver by Ikkuna Games of any provision, condition, or requirement of these Terms of
Service or the Ikkuna Games Privacy Policy shall not constitute a waiver of any future obligation
to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations,
statements, consents, waivers, or other acts or omissions by Ikkuna Games shall be deemed a
modification of these Terms of Service nor legally binding, unless documented in physical writing,
hand signed by You and a duly appointed officer of Ikkuna Games.
10.5. Notices
We may notify you via e-mail or any other communications means to contact information you provide
to us. Any notices that you provide without compliance with this Section on Notices shall have no
legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Ikkuna
Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Ikkuna
Games and which cannot be replaced by monetary damages alone so that Ikkuna Games shall be entitled
to injunctive or other equitable relief (without the obligations of posting any bond or surety or
proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or
restrain the operation of the Service or any Ikkuna Games game, exploitation of any advertising or
other materials issued in connection therewith, or exploitation of the Service or any content or
other material used or displayed through the Service and agree to limit your claims to claims for
monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Ikkuna Games shall not be liable for any delay or failure to perform resulting from causes outside
the reasonable control of Ikkuna Games, including without limitation any failure to perform
hereunder due
to unforeseen circumstances or cause beyond Ikkuna Games' control such as war, terrorism,
riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or
shortages of transportation facilities, fuel, energy, labor or materials.
© Ikkuna Games 2023