TERMS OF
SERVICE ("TERMS")
1. INTRODUCTION
We thank you for your interest in the Sesisoft Co., Ltd.,
mobile games and related services and game support applications and software
("Games") made available through Platform(s) (being collectively, and
at times individually, Sesisoft App or other game related applications,
Sesisoft-branded websites and/or online communities for Games or other social
network platforms for Games) (the "Services").
The Services include all relevant services that are provided
to you by Sesisoft, regardless of the device you use.
In these Terms, "we", "us",
"our" or "Sesisoft Co., Ltd." (whether capitalized or not)
means Sesisoft Co., Ltd. and "you" (whether capitalized or not) means
the user of the Services.
Our Privacy Policy form an integral part of these Terms and
can be found at
http://www.sesisoft.com/mobile/policy/privacy_en.htm
If you reside outside of the Republic of Korea, by
installing, using or accessing our Services, you agree to be bound by (i) these
Terms; and (ii) the Privacy Policy.
If you do not agree with any one of these, do not install
or use the Services.
We reserve the right to change the Terms at any time in
accordance with Section 20 of these Terms.
THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A
WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 19, BELOW. If you are a
user in the European Economic Area ("EEA"), or any other country that
does not allow such arbitration agreement, Section 19 does not apply to you.
2. ELIGIBILITY
BY AGREEING TO THESE TERMS, YOU REPRESENT THAT (A) IN THE
CASE THAT YOU RESIDE IN THE EUROPEAN UNION, YOU ARE SIXTEEN (16) YEARS OF AGE
OR OLDER, OR IN THE CASE THAT YOU RESIDE OUTSIDE OF THE EUROPEAN UNION, YOU ARE
THIRTEEN (13) YEARS OF AGE OR OLDER, AND YOU HAVE READ, UNDERSTOOD, AND AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HERE, OR (B) IN THE CASE YOU
RESIDE IN THE EUROPEAN UNION AND ARE UNDER SIXTEEN (16) YEARS OF AGE OR RESIDE
OUTSIDE OF THE EUROPEAN UNION AND ARE UNDER THIRTEEN (13) YEARS OF AGE, THAT
YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS AND
CONDITIONS.
3. DEVICE AND
APP STOREUSAGE
You represent that you own or control the device you use to
access our Services and understand that you must have access to an electronic
communication network. As used here, device means any electronic device, such
as smart phones, tablets and PCs in which any content can be downloaded,
installed, viewed, displayed or used. Any connection costs (including but not
limited to network service providers' and or/carriers' costs) and any other
charges may apply and these shall be exclusively borne by you.
We do not make any representations or warranties that our
Services will be compatible with your device and you acknowledge that the
Services may not be available for use on all mobile devices or through all
carriers or network service providers. You acknowledge that the availability
and quality of the Services, the response time or access to certain features
may depend on the capacities of your device and of the electronic communication
network. We may in no case be held responsible for lack of or reduced user
experience.
You can download and use the Sesisoft App or other game
related applications provided by us in accordance with the terms and conditions
and policies of each App Store. We are not responsible for the availability of
any services provided by such App Store, and are not responsible or liable for
any content, advertising, products, or other materials on or available from
their sites or resources. We shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of, inability to use or reliance on any such content, goods
or services provided solely by such App Store.
4. ACCOUNTS
There are several ways to use our Services and these are:
(i) using our guest account system ("Guest Account"); and (ii) via a
third party social network platform account ("SNS Account"). These
are described in further detail below and the term "Account" used in
these Terms refers to all of the previously described (i) and (ii).
(i) Guest Account: If you use the Services without using
SNS Account, we will create and assign to your device an identifier that is
similar to an account number.
YOU ACKNOWLEDGE THAT WITH A GUEST ACCOUNT:
YOU WILL NOT RECEIVE CUSTOMER SUPPORT IN RELATION TO OUR
SERVICES; AND
WHERE YOU HAVE PURCHASED VIRTUAL CURRENCY OR VIRTUAL ITEMS,
YOU MAY NOT BE ABLE TO ACCESS THESE ON A DEVICE THAT DIFFERS FROM THE DEVICE
YOU USED TO PURCHASE SUCH CURRENCY OR ITEMS.
(ii) SNS Account: You may choose to use our Services using
a third party social network platform account. When you allow our Services to interact
with such network or platform, the network or platform will provide data about
you to us.
Responsibility of Account User: IN RELATION TO EACH OF THE
POSSIBLE ACCOUNTS DESCRIBED ABOVE, YOU ARE SOLELY AND FULLY RESPONSIBLE FOR
KEEPING YOUR LOGIN DETAILS TO YOUR ACCOUNT CONFIDENTIAL AND AGREE TO NOT SHARE
THESE WITH ANYONE. You may not use anyone else's Account or permit others to
use your Account at any time and are solely and fully responsible for all uses
of your Account whether or not authorized by you. If you are a parent or legal
guardian, you may permit your child to use these Accounts instead of you,
provided that parents and guardians are liable for the activities of their
child.
5. GRANT OF
LICENSE
With the exception of third party materials and
user-generated materials as addressed below, all content of our Services,
including features, text, photographs, images, graphics, designs, trademarks,
audio, video, games, applications, functionality, items, software and files
("Content") is proprietary to us and our licensors. We grant you a
limited, non-exclusive, non-transferable, non-sublicensable and revocable
license to install and use the Services for personal use for such time until these
Terms are terminated by either you or us.
You must in no event use or allow others to use the Services or this
license for commercial purposes. These Terms shall apply to any updates,
upgrades, patches and modifications that may be necessary in order to be able
to continue to use the Services on certain hardware.
THE SERVICES ARE LICENSED TO YOU AND NOT SOLD. YOU
ACKNOWLEDGE THAT, AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR
PROTECTIONS SET OUT IN THESE TERMS, DUPLICATION, COPYING OR ANY FORM OF
REPRODUCTION OF THE GAMES OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT,
TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY
OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
Except as expressly permitted by us, you will not, directly
or indirectly (i) sell, rent out, lease, license, distribute, transfer, exploit
the Content, the Game, associated aspects of the Game or any of its parts,
commercially, (ii) copy, reproduce, translate, reverse engineer, decompile,
disassemble, adapt, reproduce, or create derivate works of the Games (except if
the Games enable you, through a specific feature, to create, generate or submit
User Generated Content (described below) and for which you will need to comply
with these Terms), in whole or in part; (iii) create, use, promote, advertise
and/or distribute ¡°auto¡±, ¡°trainer¡±, ¡°script¡± or ¡°macro¡± computer programs or
other ¡°cheat¡± or ¡°hack¡± programs or software applications for the Games
(whether in an online multiplayer game or in a single player game over the
internet or in local area network) or cheats, bots, hacks or any other code
and/or software not expressly authorized by us that can be used in connection
with the Services and/or Platform; and/or (iv) remove, alter, disable or
circumvent any copyright and trademark indications or other authorship and
origin information, notices or labels contained on or within the Games.
Except as expressly set out in these Terms, these Terms do
not grant to you any license to any intellectual property rights or other
proprietary rights.
We may modify the Games for any reason or without any
specific reason, at any time and at our discretion, including but not limited
to, for technical reasons such as updates, maintenance operations and/or resets
to improve and/or optimize the Services. You agree that the Games may install
or download the modifications automatically. You agree that we may stop
supporting previous versions of the Games upon availability of an updated
version.
6. LICENSE
LIMITATIONS
Prohibited Commercial Uses: You will not, in whole or in
part, under any circumstance (i) gather Virtual Currency or Virtual Items
(defined below) for sale outside of the Games; (ii) perform in-Game services including
without limitation account boosting or power-levelling in exchange for payment;
(iii) communicate or facilitate any commercial advertisement, solicitation or
offer through or within the Game or Platform; (iv) organize, promote,
facilitate or participate in any event involving wagering on the outcome or any
other aspect of our Games (whether or not such conduct would constitute
gambling under the laws of any applicable jurisdiction); or (v) conducting
other business activities using the Services without prior permission from us.
Data Mining: You will not use any unauthorized process or
software that intercepts, collects, reads, or ¡°mines¡± information generated or
stored by the Platform; provided, however, that we may, at our sole and
absolute discretion, allow the use of certain third-party user interfaces.
Cloud Computing: You will not use the Platform or the Games
in connection with any unauthorized third-party "cloud computing"
services, "cloud gaming" services, or any software or service designed
to enable the unauthorized streaming or transmission of content of the Games
from a third-party server to any device.
Duplicated items: You will not create, utilize or transact
in any Virtual Items or Virtual Currency created or copied by exploiting a
design flaw, undocumented problem or program bug in either the Platform or the
Services.
Matchmaking: You will not host, provide or develop
matchmaking services for the Games or intercept, emulate or redirect the
communication protocols used by us in any way, for any purpose, including
without limitation, unauthorized play over the internet, network play (except
as expressly authorized by Sesisoft), or as part of content aggregation
networks.
7. VIRTUAL
ITEMS AND VIRTUAL CURRENCY
We own, are licensed, or otherwise have the rights to use
all content appearing or originating in our Services, including virtual items
and virtual services ("Virtual Items") and fictional currencies (such
as gold coins or points) ("Virtual Currency") that you purchase or
obtain in order to use certain Services or certain Content in our Games. You agree that you will only purchase
Virtual Currency and/or Virtual Items from us or a third party store authorized
by us, and not from any unauthorized third party.
Virtual Items and Virtual Currency are categories of
Content provided solely for your personal and entertainment use, they may only
be used in our Services, and they have no value outside of such Services. By
purchasing or receiving Virtual Items and Virtual Currency ("In-Game
Purchase"), you are only provided with a limited, revocable license right
to use Virtual Currency and Virtual Items and do not own such Virtual Currency
or Virtual Items. Any balance of Virtual Items or Virtual Currency does not
reflect any stored value and YOU ACKNOWLEDGE THAT VIRTUAL CURRENCY AND VIRTUAL
ITEMS HAVE NO CASH OR OTHER MONETARY VALUE AND CAN NEVER BE SOLD, TRANSFERRED
OR EXCHANGED FOR "REAL" MONEY OR "REAL" GOODS FROM US OR
ANYONE ELSE. The effective period and use range of such Virtual Items or
Virtual Currency can be restricted by us, and we reserve the right to, in our
discretion, modify features, functions or abilities of any element of any
Virtual Items or Virtual Currency, or remove any Virtual Items or Virtual
Currency.
You cannot sell or transfer, or attempt to sell or
transfer, Virtual Items or Virtual Currency through services not provided by
us. Where permitted by us, you can exchange, within our Services, those Virtual
Items and Virtual Currency that cannot be purchased with "real world"
money ("Tradable Items") for other Tradable Items so long as no money
or anything of monetary value is paid or given for Tradable Items. Any other
exchange is strictly prohibited.
Virtual Items and Virtual Currency may never be redeemed by
you for "real world" money, goods, wares, merchandise, services, or
anything of monetary value from us, any of our affiliates, or any other person,
except as expressly required by applicable law.
8. PAYMENT AND
ORDERS
There is no subscription fee or purchase price for
accessing the Game. Some of our Games may be described as a ¡°free game¡± within
the description page of App Stores. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE
OF CHARGE, BUT THESE GAMES MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT
(see below).
You acknowledge and agree to accept full responsibility for
all fees and purchases made through your Account (including any unauthorized
purchases) and agree to fully compensate us for any loss or harm that may
result. Sesisoft will not be responsible to you for any losses resulting from
an unauthorized access or use of your Account, whether fraudulently or
otherwise.
In-Game Purchases and Payments
As described above, the Game will contain Virtual Items or
Virtual Currency that can be purchased within the Game. We reserve the right to
charge fees for the right to access or use Virtual Currency or Virtual Items
("In-Game Purchases"), or to access certain functions or Content
within the Game. You should check before purchasing whether the Virtual Items
or Virtual Currency to be purchased is free or not. The "prices" for
these In- Game Purchases and the amounts and kinds of Virtual Items and Virtual
Currency available may be altered at any time without notice. Virtual Items and
Virtual Currency that you receive may also be changed or discontinued at any
time without notice. We may also decide to distribute Virtual Items or Virtual
Currency without charge, in our sole discretion, from time to time.
If you are under the age of 18 (or under the age of legal
majority that applies in the jurisdiction where you access the Services) you
must have your parents' or guardians' permission to make any In-Game Purchases.
By completing an In-Game Purchase you are confirming that you have obtained all
permissions necessary to make the purchase.
Any order for an In-Game Purchase constitutes an offer for
use of that content. If this offer is accepted then the content will be
automatically downloaded to your account.
In-Game Purchases can only be used within the Games, and
cannot be redeemed for "real world" money or otherwise transferred.
You agree that all In-Game Purchases are final and YOU
UNDERSTAND AND AGREE THAT SESISOFT WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY
OR VIRTUAL ITEMS UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION
TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE SERVICES, EXCEPT
AS EXPRESSLY REQUIRED BY APPLICABLE LAW OR AS SET OUT IN THESE TERMS.
If you are a resident of the European Union, the right to
withdraw from such In-Game Purchase may be available to you during a 14-day
period from the date of purchase ("Cooling Off Period"); however,
this right of withdrawal will not apply where you commence using the In-Game Purchase
before the end of the Cooling Off Period. Therefore, you expressly agree and
understand that in respect of an In-Game Purchase, your right of withdrawal is
forfeited upon your use of the In-Game Purchase.
If you use our Services with a Guest Account then you
accept that you may only be able to use In-Game Purchases on the mobile device
that you used when purchasing the Virtual Item and/or Virtual Currency.
If an Account is permanently banned, all content licenses
and Virtual Currency and Virtual Items balances associated with the banned
Account are forfeited. We will have no obligation or responsibility to and will
not reimburse you for any Virtual Currency or Virtual Items lost due to your
violation of these Terms.
You are responsible for paying any fees, charges and
applicable taxes (including VAT, sales or other taxes) incurred in relation to
an In-Game Purchase.
9. CASH AND
POINTS
Through the Game, you can obtain in-game currency that is
not purchased through In-Game Purchases and is provided via events or obtained
by users during the game which is known as ¡°Free Cash¡±.
In addition to the aforementioned Free Cash, we may, at
times during the Game, provide free points (mileage) to you and such points are
known as ¡°Free Points¡±.
The effective period, use range and other terms of such
Free Cash and Free Points obtained shall be notified by us to you.
Where you hold Free Cash, Free Points and Virtual Currency
and/or Virtual Items purchased through an In-Game Purchase, the Virtual
Currency and/or Virtual Items shall be preferentially deducted as a priority
and the Free Cash and/or Free Points thereafter. However, this may vary at the
sole discretion of us and as notified to you.
"Free Cash" and "Free Points" shall not
be subject to refund or compensation.
10. SMS
NOTIFICATIONS, PUSH NOTIFICATIONS & LOCAL NOTIFICATIONS
WE MAY SEND LOCAL OR PUSH NOTIFICATIONS TO YOUR MOBILE
DEVICE TO MAKE YOU AWARE OF GAME UPDATES, PROMOTIONAL EVENTS, NEW GAME INFORMATION
AND OTHER RELEVANT MESSAGES REGARDING THE GAME SERVICE. YOU CAN MANAGE PUSH
NOTIFICATIONS FROM THE ¡°OPTIONS¡± OR ¡°SETTINGS¡± PAGE WITHIN THE RELEVANT GAME.
YOU MAY ALSO BE ABLE TO MANAGE THEM FROM YOUR DEVICE¡¯S SETTINGS PAGE FOR THE
RELEVANT GAME. WE WILL NOT SEND ANY SMS NOTIFICATION TO YOUMOBILE DEVICE UNLESS
WE OBTAIN AFFIRMATIVE EXPRESS CONSENT FROM YOU IN COMPLIANCE WITH ANY
APPLICABLE LAWS OR REGULATIONS.
11. CONTENT
Third party
Our Services may contain links to third party websites and
content (including without limitation text, photographs, images, graphics,
designs, audio, video, games, applications, software, and files) owned by, or
originating from, third parties. We are not responsible for the accuracy,
appropriateness, completeness of, or the opinions expressed or views espoused
on or in, such websites or content and we do not necessarily monitor or
investigate such websites or content or verify their accuracy, appropriateness,
or completeness. Our inclusion of any linked website or third party content in
connection with our Services does not imply approval or endorsement of such
website or content by us. If you follow a link to a third party website or
content, or otherwise access or use such a website or content, you do so solely
at your own risk, and our Privacy Policy and other policies and practices do
not apply to any information gathered by such third party.
We may feature advertisements from third parties or provide
links on our Services to third party websites or vendors who may invite you to
participate in a promotional offer in return for receiving an optional
component of our Services and/or benefits (such as Virtual Items or Virtual
Currency). Any charges or obligations you incur in your dealings with these
third parties are your sole responsibility.
We make no representation or warranty regarding any
content, goods and/or services provided by any third party, and will not be
liable for any claim relating to any third party content, goods and/or
services. The linked sites are not under our control and may collect data or
solicit personal information from you. We are not responsible for their
content, business practices or privacy policies, or for the collection, use or
disclosure of any information those sites may collect. We take no
responsibility for third party advertisements or third party applications that
are posted on or through our Services or goods or services provided or promoted
by any third party through third party advertisements through our Services, nor
do we take any responsibility for goods or services provided by its
advertisers.
We are not responsible for the conduct, whether online or
offline, of any other user. We do not control, and have no liability to you
for, what other users post, transmit, or share.
User Generated Content
You may not post, transmit, store, or share any text,
photographs, images, graphics, designs, audio, video, games, applications,
software, files, user profiles, messages, and other content that you post,
transmit, or share ("User Generated Content") that is not an original
work of authorship by you or for which you do not have rights or permission to
do so. You are solely responsible for all User Generated Content and you are
solely responsible for creating backup copies of any User Generated Content and
for replacing any User Generated Content to the extent you desire to do so and
the replacement is consistent with these Terms.
Subject to the following license between you and us, you
retain ownership of all of your rights in the User Generated Content. By
posting, storing, or transmitting User Generated Content, you (i) authorize us
to reproduce, distribute, transmit, and use such User Generated Content as
necessary to facilitate the posting, storage, and transmission of, and the access
to, such User Generated Content; and (ii) grant us a non-exclusive, worldwide,
royalty-free, fully paid, transferable, and sublicensable license to use,
reproduce, distribute, publicly perform, publicly display, reformat, translate,
excerpt, modify, and create derivative works of your User Generated Content for
any purpose (commercial or non-commercial). You may request removal of any of
your User Generated Content from our Services at any time, in which case the
foregoing license will terminate with regard to future use after we remove it;
however, we may retain archived copies of your User Generated Content for so
long as is necessary for administrative purposes, and, if we have used your
User Generated Content prior to removal, we may continue to use your User
Generated Content in any manner that we previously had used such content (for
example, if your User Generated Content was included in an advertisement, we
may continue to use such content in the advertisement.)
We have no
liability to you for User Generated Content, and make no representations or
warranties, express or implied, as to or the accuracy, reliability, or content
of User Generated Content and such User Generated Content does not reflect our
opinions, positions, or our policies. Further, we have no liability to you for
any offensive, inappropriate, obscene, unlawful, or otherwise objectionable
content you may encounter or access.
You acknowledge
that we have no obligation to monitor or record your access to or use of our
Services, or to monitor, record, or edit any User Generated Content, but agree
that we have the right to do so for the purpose of operating our Services, to
ensure your compliance with these Terms, or to comply with applicable law or
the order or requirement of a court, administrative agency, or other
governmental body. You acknowledge and agree that you have no expectation of
privacy concerning uploads, transmissions, or submissions of any User Generated
Content. User Conduct While using the Game, you agree to comply with all
applicable laws, rules and regulations.
In all cases, you may only use the Game according to
anticipated use of the Game.
For example, and without limiting our rights to take action
against you, you may not:
a. create, use, share and/or publish by any means in
relation to the Game any material (including but not limited to text, words,
images, sounds, and videos) which would breach any a duty of confidentiality,
infringe any intellectual property right or an individual¡¯s right to privacy or
which would incite the committing of an unlawful act (in particular, piracy,
cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow
down and/or hinder the normal functioning of all or part of the Game, or the
accessibility of the Game to other users, or the functioning of the partner
networks of the Game, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm,
bomb, corrupted file and/or similar destructive device or corrupted data in
relation to the Game, and/or organize, participate in or be involved in any way
in an attack on our servers and/or the Game and/or those of its service
providers and partners;
d. create, supply or use alternative methods of using the Game,
for example server emulators;
e. spam chat, whether for personal or commercial purposes,
by disrupting the flow of conversation with repeated postings of a similar
nature;
f. transmit or communicate any material or content which,
in the sole and exclusive discretion of us, is believed or deemed offensive,
including, but not limited to, language that is harmful, threatening, unlawful,
abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or
racially, ethnically, or otherwise objectionable;
g. harass or threaten any other users of the Game;
h. falsely claim to be an employee or representative of us
or our partners and/or agents;
i. falsely claim an endorsement in connection with the Game
or with us;
j. impersonate a different person or untruthfully describe
your relationship with other people, steal or illegally use another User's
account and password, or purchase paid Content with another person's credit
card, corded/wireless phone, bank account, or other account without permission; or
k. trade, sell or buy Content with other people through
services not provided by us.
12. COPYRIGHT
INFRINGEMENT/DCMA NOTICE
Sesisoft respects the intellectual property rights of
others and we expect our users to do the same. Accordingly, you may not upload,
post, send, or transmit to or through our Services any materials that violate
third party intellectual property rights. We have the right to suspend,
restrict, or terminate, in appropriate circumstances, subscriptions and
accounts held by users who are repeat infringers of intellectual property
rights.
If you are a copyright owner, or are authorized to act on
behalf of one, or authorized to act under any exclusive right under copyright,
and you believe that any content on the Services infringes on your copyrights,
you may submit a notice pursuant to the Digital Millennium Copyright Act
("DCMA") to our Designated Copyright Agent at the address below. Upon
receipt of the notice as described below, Sesisoft will take whatever action, in
its sole discretion, it deems appropriate, including removal of the challenged
material from the Services.
For your notice to be effective, it must include the
following information:
a. Sufficient details to enable us to identify the work
claimed to be infringed and the material claimed to be infringing (where
possible, please include the web address (URL) to the webpage where the
material is located);
b. Your contact information, such as your address,
telephone number and, if available, email address;
c. A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
d. A statement, under penalty of perjury, that the information
in the notification is accurate and that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed; and
e. Your physical or electronic signature.
Please note that under 17 U.S.C. ¡×512(f), if you knowingly
and materially misrepresent that a material or activity is infringing, you are
liable for any damages, including costs and attorneys' fees, incurred by us or
our users.
Regarding any content on the Services that is removed or
disabled, if you believe that your content is not infringing or that you have
the authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the material in your content, you may send
a counter-notice to our Designated Copyright Agent pursuant to the DCMA. Upon
receipt of the counter-notice as described below, Sesisoft will take whatever
action, in its sole discretion, it deems appropriate, including sending a copy
of the counter-notice to the original complaining party informing that party
that we may replace the removed content or stop disabling it. Unless the
copyright owner files an action seeking a court order against the provider of
the content, the removed content may be replaced or access to it restored, in
our sole discretion
For your counter-notice to be effective, it must include
the following information:
a. Identification of the material that has been removed or
to which has been disabled and the location at which the material appeared
before it was removed or disabled;
b. A statement, under penalty of perjury, that you have a
good faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material in question;
c. A statement that you consent to the jurisdiction of the
United States District Court where your address is located or, if your address
is located outside the United States, to the jurisdiction of the United States
District Court located in San Francisco, California; and that you will accept
service of process from the person who sent the infringement notification;
d. Your name, address, telephone number, and, if available,
email address; and
e. Your physical or electronic signature.
Please note that under 17 U.S.C. Section 512(f), if you
knowingly and materially misrepresent that a material or activity was removed
or disabled by mistake or misidentification, you are liable for any damages,
including costs and attorneys' fees, incurred by us or our users, or by any
copyright owner or copyright owner's authorized licensee.
13. REMOVAL OR
TERMINATION
We reserve the right in our sole judgment to:
(i) remove, reject, deny, prohibit, disable access to, or
refuse to post or transmit, any User Generated Content and;
ii) deny, restrict, suspend, discontinue, or terminate
access (including deleting your account) to our Services or any portion thereof
and revoke your limited license granted herein or any portion thereof,
at any time and with or without prior notice or
explanation, for any or no reason, and without liability, including where we
determine or believe, in our sole discretion, that you have violated these
Terms or to protect us, third parties, our Services, or other users from
perceived harm.
In such event, Sesisoft is not required to provide refunds,
benefits or other compensation to you in connection with such discontinued
elements of the Services and any Virtual Currency and/or Virtual Items
associated with the terminated account will be deleted.
Without limiting the generality of the paragraph above, if
we believe that you are in material breach of these Terms (including by
repeated minor breaches), we may terminate and delete your Account without
warning.
14. COMPLAINTS
We will work to, but do not guarantee to, address any
complaints raised by you within a reasonable period, when such complaints are
objectively considered appropriate. In the event that a longer period of time
is required, we will notify you of the reasons.
15. PRIVACY
As set out above, our Privacy Policy is incorporated into
and forms an integral part of these Terms and can be found at Privacy Policy
http://www.sesisoft.com/mobile/policy/privacy_en.htm
You agree that by accessing the Services you consent to have
your personal data transferred to, and processed in, the Republic of Korea,
Japan and other countries and territories.
If your account is an SNS Account and you therefore choose
to connect to one of our Platforms through a third-party social network such as
Facebook or Game Center (for iOS devices), we may collect personal information
from your profile on such third-party social networks, such as your name,
username, and photograph. You should ensure that you read the terms of service
and privacy policies of the applicable third-party social network or platform
to understand how they treat your data and what data they might share with us.
You may request access to the personal information we have
collected about you and that we amend or delete that information.
16. DISCLAIMER
OF WARRANTIES
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, THESE
GAMES, SERVICES AND CONTENT ARE PROVIDED "AS IS" AND SESISOFT
DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR
PRACTICE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR
BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO
WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM
YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER USERS ON THE
SERVICE, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU
UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR
OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED
SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR
MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT
RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR
CONTENT. THESE LIMITATIONS APPLY TO THE FULL EXTENT PERMITTED UNDER APPLICABLE
LAW.
17. LIMITATION
OF LIABILITY
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, SESISOFT
(AND ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS,
LICENSORS AND LICENSEES) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THESE
DAMAGES INCLUDE DAMAGES FOR LOST PROFITS AND LOST INCOME, COST OF SUBSTITUTE
GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF
GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY
CLAIM ARISING OUT OF OR RELATED TO THE SERVICES, INCLUDING CLAIMS BASED ON
MISTAKES OR INACCURACIES OF THE CONTENT OF OUR SERVICES,
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES OR SECURE
SERVERS, THE INTERRUPTION OF OUR SERVICE, ANY VIRUS OR THE LIKE THAT MAY BE
TRANSMITTED TO OR THROUGH THE SERVICE, AND APPLIES WHETHER SUCH CLAIM IS BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE,
AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
WITHOUT LIMITING THE TERMS OF THE PARAGRAPH IMMEDIATELY
ABOVE, AND TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SESISOFT'S
TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR
FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED FIFTY U.S.
DOLLARS ($50.00). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SESISOFT AND YOU.
18.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Sesisoft
(and its officers, directors, subsidiaries, affiliates, employees, agents,
licensors and licensees and any other parties with whom Sesisoft may contract
to provide the Services) from and against any and all claims, actions,
lawsuits, liabilities, damages, judgments, awards, losses, penalties, fines,
costs, expenses, or fees (including reasonable attorneys' fees and expenses) of
any kind and nature imposed on, incurred by or asserted against Sesisoft
arising out of your breach or alleged breach of any representation, warranty,
covenant or obligation pursuant to these Terms. Sesisoft reserves the right, at
our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you (without limiting your
indemnification obligations with respect to that matter), and in that case, you
agree to cooperate with our defense of that claim.
19. DISPUTE
RESOLUTION, BINDING ARBITRATION, CLASS ACTION WAIVER
YOU AGREE THAT DISPUTES BETWEEN YOU AND SESISOFT WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A
TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS NOTICE DOES NOT APPLY IF
a. IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION
WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT.
b. IF YOU OPT OUT OF ARBITRATION AS DESCRIBED BELOW, OR
c. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN
SECTION (E) BELOW
This section offers a streamlined way to resolve disputes
between you and Sesisoft if they arise. If a dispute arises between you and
Sesisoft, we strongly encourage you to first contact us directly to seek a
resolution by contracting our customer support email (cs@sesisoft.com). If we
cannot resolve your concern, you and Sesisoft agree to be bound by the
procedure set forth in this Section to resolve any and all disputes between us.
a. Any matter we are unable to resolve and all disputes or
claims arising out of or relating to these Terms or your use of the Services (a
"Claim"), with the exception of the matters described in Section
19(e) below, shall be finally settled by binding arbitration administered by
the American Arbitration Association in accordance with the provisions of its
Commercial Arbitration Rules and the supplementary procedures for consumer
related disputes of the American Arbitration Association ("AAA")
excluding any rules or procedures governing or permitting class actions. The
arbitrator, and not any federal, state or local court or agency, shall have
exclusive authority to resolve all claims. The arbitrator shall be empowered to
grant whatever relief would be available in a court under law or in equity. The
arbitrator's award shall be binding on the parties and may be entered as a
judgment in any court of competent jurisdiction. The parties understand that,
absent this mandatory provision, they may have the right to sue in court and
have a jury trial. They further understand that, in some instances, the costs
of arbitration could exceed the costs of litigation and the right to discovery
may be more limited in arbitration than in court.
Any such arbitration shall be conducted by the parties in
their individual capacities only and not as a class action or other collective,
consolidated or representative action, and the parties waive their right to
file a class action or seek relief on a class basis. If any court or arbitrator
determines that the class action waiver set forth in the preceding sentence is
void or unenforceable for any reason or that an arbitration can proceed on a
class basis, then the arbitration provision set forth in this section shall be
deemed null and void in its entirety and the parties shall be deemed to have
not agreed to arbitrate claims. Except as provided in the preceding sentence,
this Section will survive any termination of these Terms.
b. The arbitration shall be conducted in either San
Francisco, California or in the United States county in which you reside. In
the event that you select the county of your United States residence, Sesisoft
may transfer the arbitration to San Francisco, California (with your consent) in
the event that Sesisoft agrees to pay any additional fees or costs you incur,
with such fees or costs (including travel costs of your attorney) to be
determined by the arbitrator, as a result of the change in location to San
Francisco, California.
c. The rules governing the arbitration may be accessed at
www.adr.org. The Federal
Arbitration Act will govern the interpretation and enforcement of this section.
d. To the extent the initial filing fee for the arbitration
exceeds the initial filing fee for a lawsuit, we will pay the difference in
fees. If the arbitrator finds the arbitration to be non-frivolous, we will pay
all of the actual filing and arbitrator fees for the arbitration, provided your
claim is less than U.S. $75,000. The arbitration rules also permit you to
recover attorney's fees in certain cases.
e. Section (a) above does not apply to any claim:
(1) in which a party is attempting to protect its
intellectual property rights (such as its patent, copyright, trademark, trade secret,
or moral rights, but not including its privacy or publicity rights), or
(2) that may be brought in small claims court.
f. You have the right to opt out of the provisions of this
section by sending written notice of your decision to opt out to 2Fl., 20,
Bangbae-ro 22 gil, Seocho-gu, Seoul, Korea, within 30 days of the start of your
use of the Services. If you send this notice, then this section will not apply
to either party. If you do not send this notice, then you agree to be bound by
this section.
g. You and Sesisoft agree that the state or federal courts
located in San Francisco, California have exclusive jurisdiction over any suit
between the parties not subject to arbitration, with the exception of any
disputes or claims that are filed in and within the jurisdiction of a small
claims court located in the United States, and you agree to be subject to
personal jurisdiction and venue in the state or federal courts in San
Francisco, California for any suit between you and Sesisoft not subject to arbitration.
Any dispute between the parties will be governed by this Agreement and the laws
of the State of California, without regard to any conflict of laws principles
that may provide for the application of the law of another jurisdiction.
h. Notwithstanding Section 19(a), above, in the event that
you breach the Terms, you hereby agree that Sesisoft would be irreparably
damaged if the Terms were not specifically enforced, and therefore you agree
that Sesisoft shall be entitled, without bond, other security, or proof of
damages, to appropriate equitable remedies with respect to breaches of these
Terms, in addition to such other remedies as Sesisoft may otherwise have
available to it under applicable law.
20. CHANGES TO
THESE TERMS
We reserve the right, at our discretion, to change,
suspend, remove or delete, any or all portion of these Terms at any time. If we
change these Terms in a material way, we will give notice of that in our
software, on our website, via banners within the Game and/or by email to any
email address we may have for you at that time. Your continued use of our
Services after we have changed these Terms will indicate your agreement to the
updated Terms.
You can view the most current version of these terms by
clicking on the link at
http://www.sesisoft.com/mobile/policy/policy_en.htm
You are
responsible for checking these Terms periodically for changes. In the case of
other users, you may terminate these Terms by (i) erasing the Game from your
device; (ii) using a device that differs from the device that you originally
used in relation to the Game; or (iii) resetting the Game.
21. GENERAL
Governing Law
These Terms are governed by the laws of the State of
California without regard to conflict of law principles. Certain mandatory laws
of other countries in which you are resident may also apply.
Survival
Upon the termination of any Services or your Account, any
part of these Terms which by their nature should survive the termination of
these Terms, shall survive such termination, including without limitation the
following Terms: Grant of License, License Limitations, Content, Disclaimer of
Warranties, Limitation of Liability, Indemnification, and the General Terms in
this Section including but not limited to this provision.
Waiver
Any failure by Sesisoft to enforce any right or provision
of these Terms will not be considered a waiver of such right or provision. The
waiver of any such right or provision will be effective only if in writing and signed
by a duly authorized representative of Sesisoft. Except as expressly set forth
in these Terms, the exercise by either party of any of its remedies under these
Terms will be without prejudice to its other remedies under these Terms or
otherwise.
Independent Parties
You and Sesisoft are independent parties, and nothing in
these Terms constitutes a partnership between or joint venture of you and
Sesisoft or makes either party the agent of the other. You may not hold
yourself out contrary to the terms of this paragraph. Sesisoft is not liable
for any representation, act or omission by you contrary to the provisions of
these Terms.
Notice to California Residents
If you are a California resident, please note the following
pursuant to California Civil Code ¡×1789.3: (a) Sesisoft Corporation is located
at 2Fl., 20, Bangbae-ro 22 gil, Seocho-gu, Seoul, Korea (cs@sesisoft.com); (b)
the fees and charges for the Services vary depending on the services selected
by you, and (c) if you have a complaint regarding the Services or desire
further information on use of the Services, contact us via email
(cs@sesisoft.com) .
Compliance with Applicable Export Controls and Other Laws
You agree to comply with all laws applicable to your use of
the Services, and in particular you agree to follow U.S. and other export
control and economic sanctions laws and agree not to directly or indirectly
export, re-export or transfer any Service to prohibited countries or
individuals or to permit any use of the Services by prohibited countries or
individuals. You also acknowledge you are not a person with whom Sesisoft is
prohibited from doing business under these export control or economic sanctions
laws.
This terms of service takes effect from April. 17, 2023.