PLEASE READ CAREFULLY BEFORE USING THE GAME AND RELATED SERVICES OF THE PROJECT OR ANY SERVICES PROVIDED THROUGH THE PROJECT IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PROJECT IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.
These Terms sets out the legal terms between you (either an individual or legal and
non-legal entity) and HyeongYeopy.
These Terms and including cases where personal data. You may print a copy of
these Terms and Privacy Policy for your records and we highly recommend you to do
so. These Terms remain effective from the date of acceptance until terminated by you
or HyeongYeopy in accordance with these Terms. You cannot accept these Terms if: (a)
you are not lawfully entitled to use the Services under any applicable laws in the
country in which you are located or resident; or (b) if you are not of legal age to
form a binding agreement with HyeongYeopy. By accepting these terms you acknowledge,
represent and agree that you have reached the age to enter into such binding
agreement in the country in which you are located or resident or that you have your
parent or legal guardian's permission if required by applicable law. You expressly
represent that you are legally allowed to enter into these Terms and that you do not
violate any applicable laws.
You may also be required to register an account on the Project and (or)
Service (hereinafter referred to as "Account").
If you access the Project and (or) the Service from a social network, you
shall comply with its terms of service/use and Privacy Policy as well as these Terms
and Privacy Policy.
Please note that these rules shall not create any third party's rights
including any enforcement right (civil right of action) thereof, and may be enforced
solely by HyeongYeopy in its sole discretion.
The failure by HyeongYeopy to exercise or enforce any of the Terms shall not
constitute or be deemed a waiver of its right thereafter to enforce each and every
of these Terms.
HyeongYeopy is the owner of all exclusive rights, intellectual property rights and
interests associated with the Project and Services, as well as all their functions
and components, including but not limited to:
- all the virtual content that is contained and displayed in the Project,
including:
1. visual components: project locations, characters (names, appearance,
characteristic behavior and utterances), artwork, structural or landscape design,
animation and audiovisual effects;
2. thematic content: themes, concepts, stories and storylines;
3. musical and sound compositions and recordings;
4. user accounts;
- project elements: Virtual Items and Intra-Project Values, as well as
intra-project options and ways of acquiring them;
- other intellectual property that provides technical and other access to
the Project and Services, including but not limited to:
1. software and source code;
2. methods of work and original works of authorship used in the Project;
- all Accounts, including Account names and any player's identification
tools. Any use of the Account must be in accordance with the interests of
HyeongYeopy. HyeongYeopy does not allow the transfer of Accounts. You cannot
purchase, sell, gift and otherwise assign the Account, and also offer any Account to
purchase, sell, gift or any form of assignment, and any such attempt will be void
and may lead to the termination of the Account;
- intangible rights thereto.
For the avoidance of doubts, the Services shall be construed as providing
you with access to use the Project without transferring any exclusive or other
intellectual property rights or interests to the Project and Services.
HyeongYeopy may offer you the ability to: (i) purchase a limited license to use
intra-project values; (ii) earn a limited license to use intra-project values by
performing specified tasks in the Project (hereafter and everywhere - "Intra-Project
Values"); and/or (iii) earn a limited license, and/or purchase a limited license
with Intra-Project Values, to virtual objects made available by HyeongYeopy in the
Project (hereinafter and everywhere - "Virtual Items"). If HyeongYeopy offers the
ability to purchase or earn such licenses, HyeongYeopy shall grant you a
non-exclusive, non-transferable, revocable, limited right and license to use such
Intra-Project Values or Virtual Items, as applicable. These right and license are
only valid for your personal, non-commercial use exclusively in the Project, subject
to the provisions of these Terms and your compliance therewith.
Intra-Project Values may only be redeemed for Virtual Items for use in the
Project and neither Intra-Project Values or Virtual Items are redeemable for money,
anything of monetary value, or for any monetary equivalent from HyeongYeopy or any
other person or entity, except as otherwise required by applicable law.
Intra-Project Values and Virtual Items do not have an equivalent value in real
currency and do not act as a substitute for real currency. \Neither HyeongYeopy nor
any other person or entity has any obligation to exchange Intra-Project Values or
Virtual Items for anything of value, including, but not limited to, real currency.
You acknowledge and agree that HyeongYeopy may engage in actions that may impact the
intra-project attributes or perceived value of Intra-Project Values and/or Virtual
Items at any time, except as prohibited by applicable law. HyeongYeopy, in its sole
discretion, may impose limits on the amount of Intra-Project Values that may be
purchased, earned, or redeemed.
Under no circumstances will HyeongYeopy be liable in any way for any content or for
any loss or damage of any kind incurred as a result of the use of any content,
emailed or otherwise made available via the Project and (or) the Service
(hereinafter referred to as "User Content").
If you post any comments or User Content within the Projects and (or) the
Service of HyeongYeopy, unless we expressly indicate otherwise, you grant
HyeongYeopy and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable
and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such User Content by
any means and media whether now known or hereafter devised without any further
notice or compensation of any kind to you, in connection with:
1. providing and promoting the Project and (or) the Services; and/or
2. exercising the rights under these Terms.
The license grant to HyeongYeopy survives any termination or revocation of
these Terms. You may not upload, publish, post, distribute or disseminate any User
Content that defames, abuses, harasses, stalks, threatens or otherwise violates the
legal rights (such as rights of privacy and free speech) of other individuals
including the Project's team. You may not upload, publish, post, distribute or
disseminate any User Content that promotes hatred towards groups based on their race
or ethnic origin, religion, disability, gender, age and (or) sexual
orientation/gender identity.
You expressly represent that your use of the Project and all User Content
you posted on, transmitted through or linked from the Project and (or) the Service
and (or) mobile applications (where applicable) is in compliance with these Terms
and Privacy Policy as well as all applicable local, state, national and
international laws, rules and regulations including any laws regarding the
transmission of technical data exported from your country of residence and all
export control laws.
Your use of the Project and (or) Services may include your communication with other users of the Project and (or) Services, subject to other provisions of these Terms. The communication may be done through the Project and (or) Services, if such Project and (or) Services have functional abilities to operate such communication.
Accounts that have been inactive or disabled either by You contacting HyeongYeopy
and requesting the Account be terminated, by You using HyeongYeopy's administration
tools to terminate the account, or by HyeongYeopy's account service team due to
these Terms or otherwise, may be permanently deleted at least seven (7) days, as
applicable, after the date of the Account's termination unless you agree to pay
HyeongYeopy's applicable maintenance fee for the inactive accounts.
For the purposes of this paragraph, the term "applicable maintenance fee"
shall mean any monetary purchase of a limited license to use the Intra-Project
Values, subject to these Terms.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PROJECT AND (OR) SERVICES
IS AT YOUR SOLE RISK, ND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY FOR A PARTICULAR PURPOSE
(EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED
WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD
REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER HyeongYeopy NOR ITS AFFILIATES OR
SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY
CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY REFERRED TO AS
THE "HyeongYeopy PARTIES") WARRANT THAT THE PROJECT AND (OR) SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY
APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL
DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE,
THE PROJECT AND (OR) SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY
JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH
OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE HyeongYeopy PARTIES SHALL
NOT BE LIABLE 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 PROJECT AND (OR) SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE NOT TO SEEK TO HOLD THE
HyeongYeopy PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS
OF THE PROJECT AND (OR) SERVICE AND OPERATORS OF EXTERNAL WEB-SITES, AND THAT THE
RISK OF INFRINGEMENT OF YOUR RIGHTS AND (OR) DAMAGES FROM USING THIRD PARTY SERVICES
AND EXTERNAL WEB-SITES RESTS ENTIRELY WITH YOU.
TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES WILL THE HyeongYeopy PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT
YOU HAVE PAID TO THE HyeongYeopy PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME
OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR,
NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE
OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE
OR FRAUD OF HyeongYeopy.
You and HyeongYeopy agree that, no provision of this Class Action Waiver shall be enforceable against you or HyeongYeopy and all claims shall be governed by Governance Law and Jurisdiction provisions of these Terms, below, in the event either: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any сlaim; or (ii) you submit a proper Opt Out Notice, wherein you have elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by you or HyeongYeopy to participate in a class action.
If any provision of these Terms (or part of it), is found by any court or
administrative body of competent jurisdiction to be illegal, invalid or
unenforceable, then such provision (or part of it) shall be removed from the Terms
without affecting the legality, validity or enforceability of the remainder of the
Terms.
The failure by HyeongYeopy to exercise, or delay in exercising, a legal
right or remedy provided by these Terms or by law shall not constitute a waiver of
HyeongYeopy's right or remedy.
We may make changes to these Terms from time to time and we will publish the
changes at this link. Changes will be effective when published. Please review these
Terms on a regular basis. You acknowledge and agree that you express acceptance of
the Terms of Services after the date of publication shall constitute your agreement
to the updated Terms. If you do not agree with the amended Terms, you may terminate
these Terms in accordance with the set forth below.
If we are unable to provide the Services as a result of force majeure, we
will not be in breach of any of its obligations towards you under these Terms.