Terms AND CONDITIONS

Please read these Terms and Conditions (“Terms”) carefully. These Terms govern your access to and use of our services which include the apps and websites of Head Shot Mofo Ltd. (also referred to in these Terms as “HeadShotMofo”, “we”, “us” or “our”) whether as a guest or a registered user, including any content (purchased or otherwise), functionality, products, and services offered through the Service. These apps and websites collectively referred to herein as “Service” are as follows:

The app “KO-CHA!”
the website www.ko-cha.com

These Terms are an agreement between you and HeadShotMofo Ltd, 23 Stuart Road, London SE15 3BE, United Kingdom. By accessing, downloading, or using the Service, you acknowledge that you have read, understood, and agree to be bound and abide by these Terms.

We reserve the right at any time, to update and modify the terms and conditions of the Terms. Your continued use of the Service following the posting of revised Terms means that you accept and agree to abide by the changes to the Terms.

For reasons that include stability, system security, and multiplayer interoperability, HeadShotMofo may need to automatically update, pre-load, create new versions of or otherwise enhance the Service. Because of this, the system requirements to use the content of the Service may change over time. You consent to such automatic updating. You understand that this agreement does not entitle you to future updates, new versions or other enhancements of the content and services associated with paid for aspects of the Service, although HeadShotMofo may, in its sole discretion, choose to provide such updates, etc. We reserve the right to withdraw or alter the Service at any time without notice and without liability to you, including discontinuation of any function, data, virtual content, application or feature of the Service. Any modifications to the Service we make will be effective immediately upon our making such modifications available on the Service. By continuing to access or use the services after those modifications become effective, you agree that your continued use of the Service constitutes your acceptance of the modifications.

We reserve the right at any time, in our sole discretion, to suspend or terminate your account and access to our Service as a consequence of you breaking the Terms of this agreement. In accepting these Terms, you acknowledge that in the event your account is terminated you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.

Under these Terms you are agreeing to other HeadShotMofo rules and policies that are incorporated into and a part of these Terms and the terms of our current Privacy Policy. Our Privacy Policy describes the personal information we collect, why we collect it, how we share it, and choices we give you. In accepting these Terms you hereby acknowledge that you have read the current version of our “Privacy Policy” (see below) and agree to the terms and conditions held therein. By accepting these Terms, you agree that HeadShotMofo may send you communications (via email, text or through the Service) regarding your use or certain features and applications of the Service that may be of interest to you. You may opt out of certain of these communications via the Settings in your KO-CHA! account, but you may not opt out of administrative communications from HeadShotMofo regarding your use of the Service.

To enter into the agreement created by these Terms, you must have reached the legal age of 18 years and agree in full that you are legally and financially responsible for all actions using or accessing our service, including the actions of anyone you allow to access your account. You understand and accept these Terms (including the dispute resolution terms held therein). If you are under the age of 18, your parent or legal guardian must consent to these terms for you. The KO-CHA! app is not intended for children under 13 and HeadShotMofo will not knowingly collect personal information from children under the age of 13. You are solely responsible for your use of the Service. You may use the service only as permitted by law, and are solely responsible for compliance with the laws of the country and jurisdiction where you use the Service. HeadShotMofo makes no representation that the Service and its content are appropriate or available for use in all locations. You agree that it is solely your responsibility to determine if use of the Service in your jurisdiction is permitted under all applicable laws and regulations. Using the Service in locations where any functions of the Service are illegal, prohibited or unsafe to do so is in breach of these terms. In choosing to use the Service, you or a third party acknowledge and agree that you and such third party do so at each party’s own risk. You acknowledge that HeadShotMofo is not responsible for your use of the Service in violation of any regulation, law or breach of safety protocols. You agree not to capture any unsolicited photos of third parties without their consent. You agree not to access or use the Service for any purpose that is illegal or beyond the scope of the intended use for the Service. You also agree that you will not use the service for the purpose of harassing, bullying or defaming other users of the service or third parties.

It is a fundamental feature of KO-CHA! that your User Alias and Profile Picture are available to other players (within 50m of your phone location) whilst you are signed into the app, to enable ‘Open World Play’. These players may not form part of your friendship group or even be known to you. If at any point you do not wish this information to be available to other players you understand that you will need to either cloak your phone using the ‘Hide Me’ button in Settings or log out of the KO-CHA! app to prevent this information being shared.

We wish to remind you that you are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, affiliates 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. Without prejudice to the above, we reserve the right to become involved in any way with these disputes, but are in no obligation for doing so. You agree that all your communications within any forums or chat areas in the service are public, and you have no expectation of privacy regarding your use of such forums or chat areas. HeadShotMofo is not responsible for information that you choose to share on the forums or chat areas.

IF YOU DO NOT AGREE TO THESE TERMS YOU MUST NOT USE THE SERVICE

Registering as a user

When you complete KO-CHA!’s sign-up process a KO-CHA! account ("Account") is created for you. Your Account may also include billing information you provide to HeadShotMofo or third parties for the purchase of content and additional services. You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorised by HeadShotMofo. You are responsible for safeguarding the confidentiality of your login and password and for the security of your device. HeadShotMofo is not responsible for the use of your password and Account or for all of the communication and activity on our Service that results from use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. HeadShotMofo is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission, unless it results from a definitive technical error made by HeadShotMofo. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify HeadShotMofo immediately via https://www.headshotmofo.com/customer-service.

Intellectual Property

Unless expressly negated, all content on the Service is the property of HeadShotMofo and is protected by UK and international copyrights, trademarks and other intellectual property laws (this includes text, artwork, screen shots, graphics, logos, downloads and other file types. Our general policy is to decline use of our trademarks and copyrights, unless written permission is granted by one of our directors. Subject to any limitations under applicable law, you acknowledge and accept that you have no property or other rights to any content on the Service, including but not limited to content that you may have created or developed including user aliases, crowskins, game scores, or Ko-Cha video files created through the KO-CHA! app and files and/or information submitted to the Service or directly to us.

All communications, solicited feedback, and other content submitted to the Service are non-proprietary and non-confidential, however we do not use, reproduce, process, adapt, transmit, display or distribute any of your data collected within the KO-CHA! app (including your photos)for any purpose other than to facilitate the functioning of the app. We do not, however, have control over the use of your data once shared by you outside of the KO-CHA! app. Under these Terms you agree to forfeit any claims that the use of that content violates any of your rights, including privacy rights, proprietary rights, publicity rights and the right to approve the way such content is used. Your use of the Service is hereby agreed as being sufficient compensation for the content and grant of rights herein.

Disclaimers and Limitation of Liability

THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED BY HEADSHOTMOFO ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OF WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. IN USING THE SERVICE, YOU ACCEPT THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICE. HEADSHOTMOFO IS EXEMPT FROM LIABILITY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY ARISING OUT OF OR RELATING TO THE SERVICE, OR THE SUBJECT MATTER OF THESE TERMS, WHETHER OR NOT YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGES, INJURY, LIABILITIES OR LOSSES. FURTHERMORE, HEADSHOTMOFO DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, SOFTWARE OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, HEADSHOTMOFO’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT TO YOU FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL SOFTWARE COMPONENTS.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO HEADSHOTMOFO’S NEGLIGENCE, WILL HEADSHOTMOFO OR ANY OF ITS SPONSORS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, CONSULTANTS, INFORMATION PROVIDERS, LICENSORS, OFFICERS AND OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA OR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. FURTHER, TO THE FULL EXTENT PERMISSABLE BY LAW, HEADSHOTMOFO’S AGGREGATE LIABILITY RELATING TO, ARISING OUT OF OUR TERMS, US, OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNTS (IF ANY) YOU HAVE PAID TO HEADSHOTMOFO IN THE PAST TWELVE MONTHS. THESE LIMITATIONS AND EXCLUSIONS REGARDING LOSSES AND DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

NOTHING IN THESE TERMS WILL PREJUDICE YOUR STATUTORY RIGHTS AS A CONSUMER OF THE SERVICE. CERTAIN EXCLUSIONS OF WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED ARE NOT PERMISSABLE IN SOME JURISDICTIONS. IN SUCH JURISDICTIONS, THE EXCLUSIONS AMD LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF THAT JURISDITION.

Indemnification

You agree to indemnify, defend, and hold HeadShotMofo and its sponsors, affiliates, agents, directors, employees, consultants, information providers, licensors, officers and or other representatives, harmless from any and all liabilities, claims, actions and expenses (including, without limitation, attorneys' fees and other legal costs), incurred in connection with any claim relating to or arising out of the use or misuse of the Service by you, or the violation of any particular regulations or laws by you, or any other breach by you of these Terms, or by third parties using or misusing the Service and/or violating any regulations or laws.

Governing Law

Any dispute or claim by you arising out of or related to these Terms shall be governed by the laws of England, exclusive of its choice of law rules. By using the Service you irrevocably agree that any dispute, controversy, proceedings or claim arising out of, or in any way relating to, these Terms (including any non-contractual disputes or claims), shall be governed by and construed in accordance with English law. You and HeadShotMofo agree to submit to the exclusive jurisdiction of the English law courts for any and all disputes. You and HeadShotMofo agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s statutory rights), as well as any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms. The controlling language of these terms is English. It is the express wish of the parties that these Terms and all related documents have been drawn up in English.

Resolving Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS TO A TRIAL BY JURY OR TO FILE A CLASS ACTION LAWSUIT.
At HeadShotMofo we have every confidence that most issues can be resolved amicably if you contact our customer support at https://www.headshotmofo.com/customer-service. However, we do understand that disputes are not always able to be resolved through such channels. In this event you and HeadShotMofo agree to make a good-faith effort to negotiate any dispute between us for at least 30 days. Such informal negotiations will start on the day you or HeadShotMofo receive a written “Notice of Dispute”. If this applies to you, please send your Notice of Dispute by secure mail that requires a signature on receipt to HeadShotMofo Ltd, 23 Stuart Road, London SE15 3BE. The following section explains how you and HeadShotMofo agree to resolve disputes by binding, individual arbitration.

Arbitration is a way of settling a dispute without having to go to court. More informal than a lawsuit in court, any dispute between you and HeadShotMofo is submitted to a neutral arbitrator (not a judge or jury) for fair resolution. Arbitration is more cost effective and efficient for both parties. Our agreement to arbitrate disputes includes, but is not limited, to all claims arising out of or relating to any aspect of these Terms, whether based in statute, tort, regulation, ordinance, fraud, fraudulent inducement, misrepresentation or any other legal or equitable theory, and regardless of whether the claims arise during or after the termination of these Terms. Notwithstanding, you also acknowledge that nothing herein shall be deemed to deny you your statutory rights or limit your right or HeadShotMofo’s right to bring an individual action in the small claims court. Any cause of dispute you may have related to these Terms, HeadShotMofo or its affiliates negligence, liability or other theory arising out of or relating to the Service must, however, be commenced within 1 year after the claim or cause of action arises. BY ENTERING INTO THESE TERMS YOU UNDERSTAND AND AGREE THAT YOU AND HEADSHOTMOFO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN OR PARTICIPATE IN A CLASS ACTION LAWSUIT. To the maximum extent permissible by law, you also agree that You and HeadShotMofo only bring disputes in an individual capacity and shall not participate in any action where another entity or individual acts in a representative capacity. Under no circumstances shall arbitration be conducted on a collective or class basis without HeadShotMofo’s express consent. If the arbitrator deems that you brought an arbitration claim against HeadShotMofo for any improper purpose, frivolously, or without sufficient investigations into the facts or applicable law prior to making the claim, then the payment of all fees will be at your cost. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. The Terms outlined in this ‘Resolving Disputes’ section survives any termination of these Terms or the termination of HeadShotMofo’s provision of services to you.

In the event that any provision of these Terms is found unenforceable, invalid or illegal, then you and HeadShotMofo agree that the provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect and be construed as if any eliminated provision had not been included. Any failure of HeadShotMofo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Purchase of Virtual Services

The KO-CHA! app includes the option to purchase “Virtual Services” (such as additional weapons and/or crowskins from within the app. The applicable fees for any purchases you make through the KO-CHA! app are inclusive of all sales taxes and other charges, and shall be displayed on the app at the time of purchase. Under these Terms, you are responsible for all purchases made by you or anyone using your Account or credentials. You may pay using the methods available in your Apple, Google or Amazon account, or other similar accounts and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. HeadShotMofo is not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase. You are responsible for the mobile charges and/or internet connection that you may incur for accessing or using the Service. You should consult your mobile operator or internet service provider if you are unsure of the cost of these charges before you use our services. Additional charges may be issued by your financial provider (credit card interest etc.). This is beyond the control of HeadShotMofo and as such we accept no liability in relation to any of these additional charges. It is your sole responsibility to check with your financial provider (to see if additional charges will be applied) before making purchases through our app

In using the Service you agree to the following statements:

You represent that you are authorised to use the payment method you use and that any payment information you provide is true and accurate.
You authorise us and/or the applicable payment provider to charge you for the Service using your payment method.
You must promptly update all billing information to keep it current, complete and accurate (such as a change in billing address, credit card number, or credit card expiry date), and you must promptly notify the applicable payment provider if your credit card is cancelled, lost or stolen or if the security of your payment method has otherwise been compromised.
Once purchased, Virtual Services have no ‘real world’ monetary value and can never be exchanged for real money, real goods or real services from us or anyone else.
You do not own our Virtual Services, but instead you purchase a limited, personal, non-transferable and revocable license to use them.
Any balance of Virtual Services does not reflect any stored value.
All sales of Virtual Services by us to you are final. HeadShotMofo is under no obligation to refund any transaction once it has been made.
If you live in the European Union we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
HeadShotMofo reserves the right to regulate, control, change or remove any Virtual Services without any liability to you at any time.
HeadShotMofo reserves the right to terminate your account if it has not been used for 200 days.
If HeadShotMofo suspends or terminates your account in accordance with these Terms you may lose any Virtual Services that you may have associated with your account and we will not compensate you for this loss or make any refund to you.
HeadShotMofo reserves the right to alter the pricing for the Virtual Services offered through the Service at any time.