Terms of Service

Please read these Terms of Service carefully before using KumoMC's Services.

By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with KumoMC ("KumoMC," "we," "us," or "our"). These Terms of Service apply to all users of the "KumoMC Network" which is defined as, but is not limited to the following: (1) the KumoMC Minecraft Server, (2) the KumoMC website and store, (3) each of the games and mini-games available on the server, (4) our Discord community, and (5) all features and functionalities as well as components of each of them, whether they are accessed through a computer or a mobile device. If you do not completely agree to these Terms of Service then you must not use any of our Services.

1. Definitions

"Account" means your Minecraft account provided by Microsoft/Mojang that you use to access our Services.

"Dispute" means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and KumoMC.

"In-App Purchases" means purchases available for purchase through the Services, including ranks, items, and other digital content.

"Intellectual Property Rights" means any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority.

"Notice" means a delivered writing by e-mail to the other party at their respective address, and will be effective upon receipt.

"Privacy Policy" means KumoMC's policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference.

"Service" (or "Services") means the KumoMC Network and any other website, game, platform, content, and other related products and services provided by KumoMC, including without limitation any computer code, themes, objects, characters, stories, concepts, artwork, animations, sounds, methods of operation, documentation, in-game chat transcripts, character profile information, and server software.

"Terms of Service" (or "Terms") means the terms and conditions in this agreement.

"User Content" means any and all data that you upload, transmit, or create through the Services, including without limitation character skins, buildings, forum posts, Discord messages, profile information, software, sound, images, videos, and any other content contributed by users to the Services.

2. Ownership and Limited License

a) Ownership

The Services are owned or licensed by KumoMC and are protected by Intellectual Property Rights and other proprietary rights laws. KumoMC reserves all rights, titles, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of KumoMC.

b) License

Subject to your agreement and continuing compliance with these Terms and any other relevant KumoMC policies, KumoMC grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose.

c) Accounts

You may access the KumoMC server through your Microsoft/Mojang Account and you agree to be bound by these Terms. Should you share an Account with other users, this agreement applies to all users of said Account. It is the responsibility of the Account owner to ensure that all users have read and will comply with these Terms.

KumoMC may permanently delete Accounts on its Services that are deemed inactive. Accounts shall be deemed inactive when they have not been used for One Hundred and Eighty (180) days.

You acknowledge that if your Account is deleted, you may lose access to any information associated with that Account. If you wish to delete your Account, please alert KumoMC by sending Notice to: support@kumomc.xyz

d) License Limitations

Any use or aiding and abetting in other's use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at KumoMC's sole judgment and deletion of your Account, or may subject you to liability for violations of law.

You acknowledge you will not directly or indirectly do the following:

• Partake in any activity or action that KumoMC deems to be against the spirit or intent of the Services;
• Partake in any cheats which are methods of gameplay not expressly authorized by KumoMC, facilitating or influencing gameplay or granting you or any other user any sort of advantages over other players who are not using these methods, including exploits, cheats, bugs, errors, or undocumented features;
• Use robots, spiders, crawlers, bots, hacked clients, or any other automated process or modified client to access, use, reverse engineer, or manipulate the Services;
• Promote, encourage, or participate in any activity involving hacking, phishing, distribution of cheats, or modding of the Services in any way not authorized by KumoMC;
• Exploit the Services for purposes not expressly authorized by KumoMC including, but not limited to: (1) gathering of in-game items or currencies for the purpose of reselling outside of the Services; (2) offering in-game services in exchange for real-world payment not processed through our official store; (3) advertising through text or voice communications; and (4) organizing or promoting any form of gambling or wagering;
• Create or utilize any in-game items created or copied by using existing game bugs, undocumented issues, or design flaws of the Services;
• Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;
• Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services;
• Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from the Services;
• Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, KumoMC itself or its staff;
• Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes;
• Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, corrupted data, denial of service attacks, or other attempts to disrupt the Services or other person's use or enjoyment of the Services;
• Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation staff members;
• Attempt to gain unauthorized access to Services or Accounts not belonging to you;
• Use the Services where it is prohibited by law; or
• Engage in any form of real-money trading (RMT) of in-game items, currencies, or services outside of our official store.

3. Payment and In-App Purchases

In-App Purchases are owned by KumoMC and are not your property. KumoMC may manage, regulate, control, modify or eliminate all In-App Purchases at any time, without Notice or announcement and without payment to you. KumoMC shall have no liability to you or any third party if KumoMC exercises any such rights.

ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-APP PURCHASES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. NOTWITHSTANDING THE FOREGOING, KUMOMC MAY IN ITS SOLE DISCRETION ISSUE A REFUND TO YOU IF YOU HAVE, WITHIN THIRTY (30) DAYS, PROVIDED AN APPROPRIATE REASON FOR REQUESTING SUCH REFUND.

We partner with Tebex Limited (www.tebex.io), who are the official merchant of digital content produced by us. If you wish to purchase licenses to use digital content we produce, you must do so through Tebex as our licensed reseller and merchant of record. In order to make any such purchase from Tebex, you must agree to their terms, available at checkout.tebex.io/terms. If you have any billing or transactional enquiries regarding a purchase made through Tebex, you should contact Tebex support at www.tebex.io/contact/checkout. For other enquiries, please contact support@kumomc.xyz.

4. User Content

To the maximum extent permissible by law, KumoMC assumes no responsibility or liability for the conduct of any user submitting any User Content, and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.

When you transmit or upload User Content, you agree to abide by the following rules:

• All content will be accurate, complete, and free from fraud and deception;
• All content will be free of any Intellectual Property Rights infringement;
• All content will be free from obscenity, threats, defamation, invasion of privacy, and other injuries to third parties;
• All content will be in compliance with these Terms of Service;
• All content will not be in violation of any law, contractual restrictions, or other parties' rights;
• All content will be free of viruses, adware, spyware, worms, or other malicious code; and
• All content will be free of spam, commercial solicitation, chain letters, and mass mailings.

All User Content that you post will be considered non-confidential. KumoMC will only share personal information that you provide in accordance with applicable privacy laws. KumoMC is not responsible for any other user or third party's use or appropriation of any User Content that you have submitted through the Services.

You hereby grant KumoMC a non-exclusive, revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license and right to use, copy, reproduce, adapt, modify, create derivative works from, publish, distribute, publicly display, publicly perform your User Content in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to KumoMC the right to authorize others to exercise any of the rights granted to KumoMC under this Section. 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 a manner. KumoMC 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.

If you believe that your content has been infringed in the Services, please notify us at: support@kumomc.xyz

5. Account Access and Permissible Use

If you have been previously banned from using any KumoMC Services, you may not use our Services unless explicitly unbanned by staff.

6. Service Availability and Termination

You acknowledge that:

• KumoMC may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
• KumoMC has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts, at any time, for any reason, without Notice and without liability to you;
• You may terminate these Terms at any time by ceasing to use the Services and contacting support@kumomc.xyz;
• Access to the Services may be interrupted for reasons within or beyond the control of KumoMC, and that KumoMC cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
• In the event of a termination or suspension any pre-purchased services or virtual goods, such as currencies, equipment, items, ranks, or progress are forfeited, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this agreement;
• KumoMC may not offer the Services in all countries or geographic locations; and
• You are solely responsible for any internet connection and data fees that you may incur as a result of using our Services.

7. Warranty and Liability

YOU ACKNOWLEDGE THAT KUMOMC IS NOT LIABLE (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE. THE SERVICES ARE PROVIDED BY KUMOMC TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. KUMOMC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KUMOMC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KUMOMC DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF KUMOMC ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO KUMOMC IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID KUMOMC ANY AMOUNT IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KUMOMC IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

8. Indemnity

You agree to defend, indemnify and hold harmless KumoMC, and any employee, contractor, vendor, agent, supplier, shareholder, director or officer, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney's fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

• Your failure to comply with any provision of these Terms of Service;
• Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
• Your actions to knowingly affect the Services via any malware, computer virus, worm, Trojan horse, spyware, or other harmful program.

This Section shall survive the termination of this agreement.

9. Dispute Resolution

a) Informal Resolution

With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any legal proceeding. Such informal negotiations commence upon KumoMC's receipt of Notice from you at support@kumomc.xyz.

b) Contact Information

KumoMC can be reached at: support@kumomc.xyz

10. Miscellaneous

a) Changes

It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that KumoMC may make changes to these Terms of Service at any time. Unless KumoMC states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.

b) Complete Agreement

This agreement is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto.

c) Force Majeure

No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.

d) Severability

If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.

e) Governing Law

Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws applicable in your jurisdiction.

f) Language

To the fullest extent permitted by law, the controlling language for these Terms of Service is English.

11. Age Requirements

Our Services are intended for users of all ages. If you are under the age of 13 (or the minimum age of digital consent in your country), you must have permission from a parent or guardian to use our Services. By using our Services, you represent that you meet these requirements.

12. Third-Party Services

Our Services may contain links to third-party websites, services, or resources (including Discord, Tebex, and voting sites). We are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

13. Minecraft and Mojang

KumoMC is not affiliated with, endorsed by, or connected to Mojang Studios, Mojang AB, or Microsoft Corporation. Minecraft is a trademark of Mojang Studios. All Minecraft-related content and materials belong to their respective owners.