Terms & Conditions

Last Updated 5th October 2018

We recommend that you periodically review this page as any amendments to our policy will be posted here and as a user of Kigso you accept that it is your responsibility to ensure you are familiar with our most current policies. Continued use of our site constitutes your agreement to any changes posted within our Terms & Conditions as well as our Privacy Policy.

Kigso.com (herein referred to as Kigso) is an Aspire Communication Services, LLC company (herein referred to as ACS), mailing address: 7512 Dr Phillips Blvd, Suite 50-613, Orlando, FL 32819.

As a user of Kigso you must agree to the following Terms & Conditions as well as our Privacy Policy. If you have any questions about any of our policies please feel to contact us by selecting 'Contact' on the Kigso web site and completing the form.

You should not purchase any Kigso products or continue to use our site or services if you disagree with any of our policies, find them to be unclear or questionable to you. if you are not a current user of our site/services, we ask that you do not create an account until you are in full agreement with both our Terms & Conditions and Privacy Policy.

You agree that you are at least 13 years of age. You must not create a Kigso account or use any Kigso services if you are not at least 13 years of age.

Kigso services are available within UK, USA and Canada. Services can not be accessed through a VPN, Kigso may block VPN access. Redemption codes can only be redeemed in the country that the code was designated to. Kigso reserves the right to restrict game play outside of the designated country.

Redemption codes for game credits or game bundles can be purchased at participating retailers through physical gift cards, eGift cards or digital distribution.

Refunds are not available for purchased redemption codes or redemption codes which have subsequently been redeemed. Game credits can only be used to redeem games and are non-refundable and have no cash value.

Should you redeem all games but still have game credits available those game credits will be stored in your account. These stored credits can be used for other games as and when Kigso makes new games available. Kigso will release new games at its own discretion and is not required to release new games at any particular time.

Unactivated accounts (Where an account has been created but no codes have been redeemed) will be deleted after 60 days. Kigso is not responsible for the storage of the redemption code which was used to apply for the account. It is your responsibility to enter a correct email address and to contact us within the 60 days if you have any trouble receiving your emailed confirmation PIN.

Redemption codes expire 12 months after purchase. Once a code is redeemed for game credits the credits must then be redeemed for games within 6 months after which time they will expire.

Kigso may make available free installs/offers from third parties within its platform, these installs/offers are not owned or operated by ACS and therefore use of them is at your own risk. We recommend you read all of the policies for these installs/offers. ACS may receive a payment for your participation with these installs/offers.

LICENSE AGREEMENT

IMPORTANT: CAREFULLY READ THIS LICENCE BEFORE USING KIGSO.

REDEEMING CODES, USING KIGSO SERVICES AND PLAYING KIGSO GAMES INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENCE AND AGREE TO ITS TERMS. THIS LICENCE AGREEMENT IS YOUR PROOF OF LICENCE. If you do not accept these terms you must cease use of KIGSO immediately.

KIGSO GAMES ARE PROVIDED UNDER THE FOLLOWING LICENCE WHICH DEFINES WHAT YOU MAY DO WITH THE GAMES AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENCE IS GRANTED BY ASPIRE COMMUNICATION SERVICES, LLC. HEREAFTER KNOWN AS ACS.

ACS Will:

Provide you with access to web based services and games (hereafter called the "the games"), which may also include "online" or electronic documentation, this license agreement (hereafter called the "License"). ACS grants you a license to use the games in accordance with the terms of this agreement. The copyright and all other rights to the games shall remain with ACS.

DISCLAIMER OF WARRANTY:

The games are provided on an "as is" basis, without any other warranties or conditions, expressed or implied, including, but not limited to, warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. The entire risk as to the results and performance of the Kigso services and games is assumed by you. Neither ACS nor its resellers, merchants, directors, managing members, officers, agents, employees, its parent, subsidiaries, suppliers, dealers, affiliates, successors and assigns shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other personal, commercial or economic loss, even if ACS has been advised of the possibility of such damages, or they are foreseeable. ACS is also not responsible for claims by any third party. ACS’s maximum aggregate liability to you and that of our resellers, merchants, suppliers, dealers, affiliates, shall not exceed the amount paid by you for the games.

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. ACS AGGREGRATE LIABILTY TO MERCHANT OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE KIGSO WEB SITE OR GAMES, HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Accessing games

You May:

A. You may access your account to play games on multiple devices, to a maximum of 6 devices per account.

B. Transfer the account to someone else, only if you assign all of your rights under this License, cease all use of the games and ensure that the other person agrees to the terms of this License.

You May Not:

1. Translate, reverse engineer, decompile, or disassemble the games except to the extent the foregoing restriction is expressly prohibited by applicable law.

2. Rent, lease, assign, or transfer the games except as set out in paragraph B above.

3. Modify the games or merge all or any part of the games with another program.

4. Share access to your account with any other person.

C. Term:

This License shall continue for as long as you use the games. However, it will terminate if you fail to comply with any of its terms or conditions.

D. General:

This License is the entire agreement between yourself and ACS, it supersedes any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. If any provision of this license is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the license and the other provisions shall remain in full force and effect.

Online Requirements/Data costs

To access Kigso and play games an Internet connection is required. Use of the internet will use data and as such depending on how you connect to the internet and your agreement with your data provider you may incur data usage charges. As a Kigso user you are responsible for any data charges that you incur while using our services/playing games.

Copyright

The Kigso web site and games are copyright (c) 2018 by Aspire Communication Services, LLC, all rights reserved.

Governing Law

The validity of this agreement and any of its terms and provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the state of Florida, without reference to its conflict of laws principles. All disputes arising out of this agreement shall be subject to the exclusive jurisdiction and venue of the Florida state courts of Orange County, Florida (or, if there is exclusive federal jurisdiction, the United Stated District Court for the Orange County, Florida) and the parties consent to the personal and exclusive jurisdiction of these courts. If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the Parties with the other provisions remaining in full force and effect. Either Party's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right unless acknowledged and agreed to by ACS in writing.

You agree to relinquish all rights for any legal action against ACS or any of its resellers, merchants, directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns. All notices, requests, demands, payments and other communications which are required or may be given under this agreement shall be in writing and shall be deemed to have been duly given on receipt if delivered personally, two days after being sent by a nationally recognized overnight carrier, or three days after being mailed by certified mail, postage prepaid, return receipt requested.

Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its fault or negligence, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather condition or strikes. The Parties shall resume performance under this Agreement once the Force Majeure condition ceases, with an option, at the mutual agreement of the Parties, to extend any affected delivery or performance date up to the length of time the Force Majeure condition endured.

You will indemnify and hold harmless ACS or any of its resellers, merchants, directors, managing members, officers, agents, employees, its parent, subsidiaries, suppliers, dealers, affiliates, successors and assigns from and against any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys fees) incurred or arising from and against any action or claim brought against ACS to the extent that it is based on (a) any breach of the representations and warranties of you set forth in this agreement, (b) any other intentional, negligent act, or storage of illegal material by you. ACS shall have no liability hereunder to the you for any indirect, special, punitive or consequential damages including without limitation, personal financial loss, loss of profit or business opportunities, whether or not the party was advised of the possibility of such damages.

If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this agreement shall not be affected and shall remain in full force and effect.

ACS is not responsible for any errors or omissions. All decisions by ACS are to be considered final.

Kigso reserves the right to close the site temporarily for maintenance from time to time potentially resulting in not being able to login to the Kigso site, use Kigso services or play games without offering any compensation.

ACS reserves the right to immediately cancel your account and forfeit access to Kigso services and games should you violate any of the conditions within our policies.

You agree that this license agreement constitutes a legally binding agreement between you and the ACS and is governed by the Electronic Signatures in Global and National Commerce Act (commonly known as the “E-Sign Act”), 15 U.S.C. § 7000, et seq., By continuing to use the Kigso web site and/or play the games, you are indicating your agreement to be bound by the license agreement and you affirmatively adopt the Next button as your signature and the manifestation of your consent.