(Effective Date: October 1, 2012)
EACH TIME YOU USE OR ACCESS AN APPLICATION, YOU AGREE TO BE BOUND BY THESE TOS AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT USE OR ACCESS THE APPLICATIONS. YOUR CONTINUED ACCESS AND USE OF ANY APPLICATION SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, AS THEY MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.
In some instances, both these TOS and separate terms of service, rules, policies or guidelines set forth additional conditions that may apply to an Application, including, without limitation, the Apple iTunes Store Terms and Conditions, the Google Play Terms of Service, Google Terms of Service, Google Business Play Program and Policies and any applicable SNS terms and conditions (collectively, the “Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.
(b) Limitations. The license granted to you is subject to the following limitations. You shall not or permit any other person to:
(i) in whole or in part, (1) modify or create any derivative work of the Company Materials (defined below), other user’s User Content or Application, or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of any Application;
(ii) modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends in any Company Materials, other user’s User Content or Application;
(iii) sell, grant a security interest in or transfer reproductions of any Company Materials, other user’s User Content or Application to other parties in any way not expressly authorized herein;
(iv) assign, rent, lease, distribute or license any Company Materials, other user’s User Content or Application to others;
(v) exploit any Company Materials, other user’s User Content or Application, or any of its parts for any commercial purpose;
(vi) use any third-party software to modify any Application;
(vii) use any Application to access, copy, transfer, transcode or retransmit content in violation of third party intellectual property rights; or
(viii) create or maintain, under any circumstance, any unauthorized connections to any Application. All connections to the Applications may only be made through methods and means expressly approved by the Company. Under no circumstances will you connect, or create tools that allow you or others to connect, to the proprietary interface or interfaces other than those expressly provided by the Company for public use.
(c) Additional Agreements.
(ii) By accessing and using the Applications, you represent and warrant that you are not prohibited from receiving exports or services under United States or other applicable export laws.
(iii) You agree that by accessing and using the Applications you may be exposed to content that you may find offensive, indecent or objectionable and that you access and use the Applications at your own risk.
Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in immediate (without notice), automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.
2. IP OWNERSHIP
(a) Company Materials. The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Applications (including past, present and future versions) (excluding User Content), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel”; the compilation, assembly and arrangement of the materials of the Applications; and all other materials or content made available on the Applications (collectively, the “Company Materials”) and such Company Materials are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
(b) Trademark Notice. All words and logos in an Application marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing in the Applications are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited.
(c) Application. The Company and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to all Applications, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by the Company, its licensors, you, or otherwise), any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, in-game currency, in-game accessories or incentive points, any related documentation, and “applets” incorporated into the Applications. The rights described in the foregoing sentence are the copyrighted work of the Company and/or its licensors and are protected by the copyright laws of the United States, international copyright treaties and conventions, and/or other applicable laws. The Application may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this TOS.
(d) Third Parties. The Applications may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Applications falls under the scope of these TOS. Any and all other third party software or technology that may be distributed together with the Applications will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with the Company regarding such third party software or technology and you will look solely to the applicable third party and not to the Company to enforce any of your rights.
(e) No Additional Rights. Only those licenses expressly set forth in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
(f) In-Game Items. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE ONLY LICENSING THE RIGHTS TO ACCESS AND USE THE APPLICATIONS, AND AS THE COMPANY EITHER OWNS, OR HAS LICENSED, ALL OF THE COMPANY MATERIALS, APPLICATIONS AND OTHER CONTENT WHICH APPEAR IN THE APPLICATIONS, THE COMPANY DOES NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE APPLICATIONS, OR THE PURPORTED SALE, GIFT OR TRADE IN THE “REAL WORLD” OF ANYTHING RELATED TO THE APPLICATIONS. SPECIFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY VIRTUAL IN-GAME CURRENCY (I.E., COINS, CARDS, CASH, TOKENS, POINTS, ETC.), IN-GAME ACCESSORIES, INCENTIVE POINTS OR OTHER GOODS OR SERVICES FOR USE IN THE APPLICATIONS (COLLECTIVELY, “VIRTUAL ITEMS”), YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH VIRTUAL ITEMS. ACCORDINGLY, YOU MAY NOT SELL SUCH VIRTUAL ITEMS FOR “REAL” MONEY OR EXCHANGE VIRTUAL ITEMS, AND DOING SO MAY LEAD TO THE IMMEDIATE (WITHOUT NOTICE), AUTOMATIC TERMINATION OF THE LICENSE GRANTED HEREUNDER, AND MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL LIABILITY.
IMPORTANT NOTICE: The Company does not recognize or condone any outside service that may be used for the exchange of Virtual Items that you may accumulate as a result of accessing or using the Applications. This includes the exchange of any Virtual Items on third party services including eBay™ or Yahoo!™ Auctions. We do not assume any responsibility for, and will not support, such transactions.
(g) ANY PURCHASES OF VIRTUAL ITEMS DO NOT ENTITLE YOU TO SERVICE IN THE EVENT THAT THE COMPANY CEASES TO OFFER THE APPLICATIONS FOR ANY REASON, IS ACQUIRED BY A THIRD PARTY OR FILES A NOTICE OF BANKRUPTCY WITH ANY COURT.
3. ACCOUNT, FEES AND REFUNDS
You may currently access the Applications without establishing a user account (“Account”). We may, however, in the future require Application users to register and establish an Account.
You must pay the applicable fee for each Application and any available Virtual Items. Where applicable and subject to the applicable payment terms and conditions, you can order Virtual Items by visiting the purchase page in the Application, provide your credit card, PayPal or other applicable billing method information
In addition to the foregoing, you hereby acknowledge and agree that you shall solely be responsible for and bear all telecommunication expenses, including, telephone charges, Internet connection charges and electricity charges, arising out of your access and use of the Applications.
Subject to technical problems and revisions to payment policies which may be instituted by the Company and partners at any time without notice, you may pay for any applicable fees and other charges by major credit card or such other methods expressly authorized in writing by the Company and its partners.
Any dispute arising between you and any third party payment provider (including a credit card company) shall be resolved directly between you and such third party provider. Under no circumstances shall Company be liable for any obligations incurred by you to such third party provider in connection with your access and use of the Applications. You agree to indemnify, defend and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such dispute.
You have the right to cease accessing and using any Application at any time. You understand and agree that unless otherwise expressly provided for in this TOS, the cessation of access and use of the Applications is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this TOS or the Company’s enforcement or application of this TOS, (ii) the Company Materials and other content available through the Applications, (iii) your ability to access and/or use the Applications and/or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Moreover, no online time or other credits will be provided to you or converted to cash or other form of reimbursement, and you will have no further access to the subject Applications (including all Virtual Items). Moreover, you will not have the right to transfer, sell, or assign any Virtual Items to anyone else. Under no circumstances shall Company be responsible for storing any User Content and other information following suspension, termination, modification or deletion of your access to the Applications.
We reserve the right to stop offering and/or supporting an Application at any time, at which time your license to access and use the specific Application will automatically be terminated without further action. In such event, we shall not be required to provide refunds, benefits or other compensation to you.
ALL FEES AND CHARGES YOU INCURRED IN PURCHASING VIRTUAL ITEMS ARE NON-REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN WE STOP OFFERING AND/OR SUPPORTING ANY APPLICATION AVAILABLE TO YOU.
4. USER CONTENT
You hereby grant to the Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, delete, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that the Company is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Company, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind. You further perpetually and irrevocably grant the Company the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligations to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
The Company has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest). You also agree and understand that the Company is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any exploitation thereof.
5. ONLINE CONDUCT
You agree that you will be personally responsible for your access and use of the Applications and for all of your User Content and online activity in connection with the Applications, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such use, User Content and activity. Specifically, you agree to comply with these TOS, all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
(a) Post, transmit, promote, or distribute illegal content.
(b) Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another user or Company or affiliate’s employee or agent.
(c) Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
(d) Infringe upon the intellectual property rights of Company or any third party.
(e) Alter, delete or cancel any user profile information or User Content.
(f) Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting, using ALL CAPS in an attempt to disturb other users, “spamming” or flooding or posting repetitive text.
(g) Impersonate another person, indicate that you are a Company or affiliate employee or agent, or attempt to mislead users by indicating that you represent Company or any of Company’s licensors or affiliates.
(h) Attempt to get a user ID, password, or other user information, or any other private information from a user. Company employees will NEVER ask for your password. DO NOT give your password, secret answers, or billing information out to anyone.
(i) Upload any content that you do not own or have the right to freely distribute.
(j) Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft.
(k) Upload files or display URLs that contain a virus or corrupted data.
(l) Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes.
(m) Make any commercial use of the Applications, including using the Applications as an Internet dating service website, use at a cyber café, computer gaming center or any other location-based site without the express written consent of Company.
(n) Improperly use in game support or complaint buttons or make false reports to Company.
(o) Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
(p) Modify, reproduce, distribute, delete or create derivative works of the Applications, Company Materials or any User Content displayed therein, or any component thereof.
(q) Attempt (or authorize, encourage or support others’ attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Applications or any component thereto.
(r) Solicit or attempt to solicit, and post or communicate any user’s personal information.
(s) Interfere with, hack into or decipher any transmissions to or from the servers running the Applications.
(t) Exploit any bug in any Application or in any Company product to gain unfair advantage in a game or exploit it for commercial purposes. You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party.
(u) Attempt to play any game on or through any service that is not controlled or authorized by Company. You will not participate in any online service that provides online features or game play for a game that is not authorized by Company.
(v) Do anything that interferes with the ability of other users to enjoy playing a game and using the Applications or that materially increases the expense or difficulty of Company in maintaining the Applications for the enjoyment of all its users.
(w) Sell, purchase, gift or exchange Virtual Items for “real” money.
(x) Copy, sell, assign, lease, license or grant a security interest in the Applications or any part thereof (including Company Materials and Virtual Items).
(y) Modify or remove any copyright, patent, confidentiality, and other notices, labels or legends in the Applications.
(z) Host, provide or develop matchmaking services for a game or intercept, emulate or redirect the communication protocols used by Company or its licensors in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to a game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks.
(aa) Attempt to gain and maintain any unauthorized connections to an Application. All connections to a game and/or the Applications may only be made through methods and means expressly approved by Company. Under no circumstances will you connect, or create tools that allow you or others to connect, to a game’s proprietary interface or interfaces other than those expressly provided by Company for public use.
(bb) Interfere or attempt to interfere with the proper functioning of the Applications or connect to or use the Applications in any way not expressly permitted by this TOS.
(cc) Use the Applications in connection with any violation of any applicable laws, rules or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations.
If you encounter another user who is violating any of the items described in the Online Conduct list above, please go to http://www.gunghoonline.com/contact/ and select the corresponding game title to report the violation.
(a) Terms of Service. The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting in the Applications. You are responsible for periodically checking the Applications for changes to the TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you agree that your sole remedy is to cease using the Applications. Your continued access and use of any Application constitutes your agreement to be bound by the modified TOS.
(b) Changes. The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Applications, whether temporarily or permanently, in whole or in part. Any such Change shall be effective immediately upon notice by posting on the Applications or these TOS, or by any other method of notice the Company deems appropriate. Any access or use of the Applications after such notice of Change, constitutes acceptance by you of such Change. Temporary interruptions in the availability of the Applications may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Applications, and termination of any license. The Applications may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Applications are made available internationally and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location.
(c) Applications. The Company and/or its licensors may deploy or provide patches, updates, upgrades, error corrections, bug-fixes, modifications and additional features or functions to any Application that must be installed for you to continue accessing and using the Application. The Company and/or its licensors may upgrade or update the Application remotely, including, without limitation, the Application residing on the your machine, without your knowledge or consent, and you hereby grant to the Company and its licensors your consent to deploy and apply such patches, updates, upgrades, error corrections, bug-fixes, and modifications, and additional features or functions to the Applications. The Company has no obligation to make available to you any subsequent versions of the Applications. You may have to enter into a renewed version of these TOS, in the event you want to download, install or use a new version of the Applications.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATIONS AND THE INTERNET IS AT YOUR SOLE RISK. THE APPLICATIONS, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE APPLICATIONS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATIONS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE.
8. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE APPLICATIONS. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE APPLICATIONS OR THE ACCESS OR USE THEREOF. MOREOVER, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR THE SUBJECT APPLICATION. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR ACCESS AND USE OF ANY APPLICATION, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ANY APPLICATIONAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. LINKS WITH OTHER SITES
For the convenience of our user, an Application may provide certain links to websites provided by third parties. The Company is not responsible for the content of any other website linked to or from an Application. If you link to another website, you leave the subject Application and you do so entirely at your own risk. The Company provides links from an Application to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other website. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.
11. GOVERNING LAW
You are solely responsible for your interactions with other users of the Applications. If you have a dispute with one or more users of any Application, you release us (and its licensors, affiliates, employees, officers, directors, contractors, agents, third party suppliers, licensors and third party partners) from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in connection with such disputes. If you are a California resident, you waive the rights afforded to you under California Civil Code §1542.
12. INJUNCTIVE RELIEF
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
13. VOID WHERE PROHIBITED
14. COMPLAINTS, NOTICE AND CONTACT INFORMATION
The Company takes claims of infringement of intellectual property rights and violation of rights of privacy or publicity very seriously. If you believe that any of the material that is or was in any Application infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us via the following URL: http://www.gunghoonline.com/contact/.
In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Applications or these TOS, or such other method of notice the Company deems appropriate. Where Company decides to give such notice, any access or use of any Applications after delivery of such notice constitutes acceptance by you of the noticed action.
The Applications may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Applications as well as end-user, end-use and destination restrictions issued by national governments. The Applications are controlled under ECCN 5D992.b.1 of the Export Administration Regulations (“EAR”) per CCATS # G047973 and thus may not be exported or re exported to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15 Code of Federal Regulations. Moreover, the Applications may not be exported or re exported to or downloaded by any person or entity subject to US sanctions regardless of location. The Company is making the Application available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of United States export control and sanctions regulations. The Applications and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Applications or related documentation by or on behalf of the United States Government is subject to restrictions as set forth in these TOS.
* * *
If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Applications, please contact us via the following URL: http://www.gunghoonline.com/contact/.
© 2012 GungHo Online Entertainment, Inc. All rights reserved.
GUNGHO ONLINE ENTERTAINMENT, INC.
(Effective Date: October 1, 2012)
Collecting Personal Information
Our primary goal in collecting the information described below is to provide you, the user, with a customized experience on our Service and to deliver better service, products, and more relevant content to our customers, prospective customers, and visitors.
1. Personal Information We Collect
Personal information may be collected from you during your use of the Service, including, during (a) the registration process, (b) promotional campaigns, (c) customer support and technical service requests, and/or (d) ordering and use of products and other services, or from and through third party service providers and partners.
Information Collected Directly From You
From time to time we may expand or change the information requested upon registration or log-in, so this may not be a complete list. We ask that you provide only your own personal information, not personal information concerning anyone else.
Information Through Mobile Devices. When you use an Application or Third Party Mobile Application on your mobile telephone or other mobile devices (“Mobile Device”), in addition to such information described above, you are authorizing us to collect, store and use/share the following information (as applicable): (i) Mobile Device type; (ii) mobile carrier; (iii) Internet Protocol address; (iv) geographic location/country; (v) platform version; (vi) navigation, interaction and engagement information regarding our users and; (vii) such other information you choose to provide to us. In addition, we receive and store information you provide when you sign up to have Short Message Service (“SMS”) notifications set directly to your Mobile Device.
Payment and Billing Information. If you purchase any in-Service items, our third party partners will collect the payment and billing information necessary to complete the transaction. Such information may include: (i) your first and last name; (ii) your valid e-mail address; (iii) credit card, PayPal and other third party payment processor information; (iv) billing address; and (v) such other information you choose to provide. Our third party partner may also receive the foregoing information that you provide when you purchase Applications and Third Party Mobile Applications through your Mobile Device.
Customer Service and Support. When you send email or other communications to us in connection with customer service and support, we will collect and store your contact information, information about your use of the Service, your user ID and such other information you provide to us in order to process your inquiries, respond to your requests and improve our Service. We will also store the correspondence and any information contained therein.
Profile Information. We provide areas on our Service where you can post information about yourself and others and communicate with others or upload content such as photographs. Such postings are governed by the applicable Terms of Service. In addition, such postings may appear on other websites or services, or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable areas, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.
Information Received from SNS and APIs
When you use an Application at an SNS, you allow us to access certain information from your profile through such SNS and the applicable SNS platform Application Programming Interface (“API”). The information we receive varies by the Application and by the privacy settings you choose for the SNS and may include any or all of the following information, as allowed by you, the SNS and your privacy preferences: (i) your first and last name; (ii) your profile picture or its URL; (iii) your user ID number; which is linked to publicly available information such as name and profile photo; (iv) the user ID numbers for your friends that are also connected to our Application(s); (v) login e-mail you provided to the SNS when you registered; (vi) your physical location and that of your access device(s) and (vii) your gender.
2. How We Collect Personal Information
Automated Information Collection Technologies
As described below, when you access our Services, we collect certain technical information and may associate such information with your user or account ID number for our internal use.
We may also local shared objects also known as “flash cookies”, which help us to prevent fraud, remember your in-game settings and to track your progress on certain in-game tasks.
You have choices with respect to cookies. By modifying your browser preferences, you have the option to reject all cookies, or limit the type of cookies you allow. Flash cookies operate differently from browser cookies and cookie management tools available in a web browser will not remove flash cookies. To learn more about and manage flash cookies you can visit www.adobe.com. Rejecting or limiting the type of cookies may, however, in limited instances prevent you from accessing certain features on our Service.
Like most Internet services, we may also use log files on the server side. The data held in log files includes your computer’s or Mobile Device’s IP (Internet Protocol) address, browser type, browser language, e-mail application, Internet service provider, referring/exit Web pages, computer platform type, date/time stamp, and user activity. Company uses server log data to analyze trends, administer the services offered through our Service. We and our third party partners may use this information for product and service improvements, and in marketing and advertising services.
The software enabling our Services has associated log and temporary files that are stored on Company’s servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to participate on our Service. Your information may also exist within regularly performed server backups.
Our Services may utilize a variety of methods for tracking purposes, including web beacons (also known as Internet tags, pixel tags and clear GIFs). Web beacons are small pieces of data that are embedded in images on the pages of websites to analyze the traffic patterns, such as the frequency users visit various areas of our Services. Pixel tags may allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation. These methods may involve transmitting information either directly to us or to another entity authorized by us to collect information on our behalf. We also use these technical methods in HTML e-mails that we send our guests to determine whether our guests have opened those e-mails or clicked on links in those e-mails. With web beacon technology, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address.
Third Party Advertisers
Click Through URLs
Some of our Services, including email messages, use “click-through URLs” linked to other content on our Services. We track this click-through data to help us determine interest in topics and use of the Services.
You may also choose to disclose personal information in our Forums. Personal information you disclose in such Forums is public information, and there is no expectation of privacy or confidentiality. Please refer to the Terms of Service for additional information relating to the disclosure of personal information in such Forums.
We may collect or receive information from other sources including other users of the Service and third party information providers and partners. For example, we receive and store the information you provide when you enter any promotion, sweepstakes or loyalty program. Such information may be used to supplement your account information and/or profile and may be combined with other information we collect from you.
Use, Disclosure and Transfer
Use by Company
We use the information you provide so that we may better understand your needs and the needs of our customers, prospective customers, and visitors. Specifically, we use your personal information for many purposes, including:
(a) to allow you to register for and use our Services;
(b) to apply for employment opportunities at the Company;
(c) to audit and analyze data to improve and ensure the continued smooth operation of our Service;
(d) for market research purposes, including, without limitation, to analyze user characteristics and usage patterns in order to better understand how our Services are used and market them more effectively;
(e) to communicate with you concerning your account or to send you announcements, newsletters, promotional materials and other information about our Services or offerings of our business partners, and to offer you opportunities to participate in surveys, contest and sweepstakes;*
(f) to prevent or investigate actual or suspected fraud, hacking, infringement, or other misconduct involving our Service;
(g) to respond to inquiries, troubleshoot problems, investigate incidents, and handle complaints;
(h) provide, maintain, protect and improve our Services, including keeping you posted on our latest Service announcements, software updates and upcoming events, and develop new services;
(i) protect our rights or property or that of our users;
(j) to satisfy any applicable law, regulation, legal process or enforceable government request;
(l) to enable user-to-user communications; and
(m) protect against harm to the rights, property or safety of the Company, its users or the public as required or permitted by law.
The Company processes personal information on our databases, equipment and servers (owned by the Company and/or third parties in the United States, Japan and in other countries. In some cases, we may process personal information outside of your country.
*If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or follow the process described in the “Opt-Out Provision” section below
Disclosure and Transfer to Third Parties
We generally do not disclose or transfer any personal information about our customers, prospects, or visitors to any third parties. We may however, disclose and transfer data which does not contain or reveal any personally identifiable information or is specifically attributable to you to our business partners, third party analytics service providers, ad networks and advertisers (collectively, “Partners”). Provided, however, some Partners may also act as third party service providers (described below) to us and may have access to your personally identifiable information. Moreover, Partners may obtain public information about you from your profile or other public sources.
We may also periodically engage in co-marketing activities, where we work with a complementary solution provider to launch a joint marketing program. In these situations, we will only send information to you on behalf of the other; we do not provide your personally identifiable information to such partner. We may also enter into business partnerships with other parties to provide specific services. If a user signs up for these services or responds to a particular marketing offer, we may share personally identifiable information such as your name or other contact information that is necessary for our business partner to provide these services or get in contact with you.
Disclosure of your personally identifiable information may occur when we engage or employ service providers, vendors or other third parties to facilitate the provision of our Services (including, without limitation, payment processing, data analysis, e-mail delivery, hosting services, customer service and promotional services) to provide the Services on our behalf, or to assist us in analyzing how our Services are being used. Such third party service providers may have access to your personally identifiable information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Safety, Security and Legally Required Disclosures
Your personally identifiable information, and communications you make within the Service, may be accessed and disclosed if we believe that our Service is being used in the commission of a crime, when we believe in good faith that there is an emergency that poses a threat to the safety of you or another person and when necessary either to protect our rights or property including to enforce our Terms of Service, or for us to render the service you have requested.
We may also disclose personally identifiable information when required by law, regulation, court order, or in response to a subpoena or litigation discovery request, or in the good faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on us. In addition, we will make any legally required disclosures to government authorities and provide notice to you of any breach of security, confidentiality or unauthorized release of personal or private data in accordance with applicable laws, rules and regulations.
Storage and Security
We employ reasonable measures (both online and offline) to protect the security of information we collect from you. Such information is housed in secure databases, equipment and servers located in the United States, Japan and/or in other countries. The databases, equipment and servers we utilize may be owned by third party providers. To prevent unauthorized access, loss, or misuse, maintain data accuracy, and ensure the appropriate use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we maintain. We use industry-standard technology, such as firewalls, in an effort to protect the confidentiality of your personal information. Moreover, in addition to password protection offered in connection with your Service account, we encrypt your transmission of sensitive information to us (e.g., account passwords and payment-related identifiable information) via SSL (secured socket layer) protocol in the interest of heightened privacy protection and information integrity.
Although we take reasonable precautions against possible security breaches of our Service, databases, equipment or servers, and records, we cannot guarantee that unauthorized access, hacking, data loss, or other security breaches and factors beyond our control will never take place and result in disclosure of your personal information. Accordingly, we disclaim any guarantees, warranties or representations relating to maintenance or nondisclosure of any personal information collected from you. We strongly urge you to take reasonable measures at all times (online and offline) to protect your personal information, including your password and other sensitive information.
In addition, while we strive to protect your personal information, you should know that information sent over the Internet, whether by e-mail or by using one of our on-line forms, is not necessarily secure against interception. Therefore, we cannot be responsible for such interception and cannot guarantee the security of such information.
Your California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, customers, prospective customers, and visitors of our Service who are residents of the State of California have the right to request certain information regarding its disclosure of personal information to third parties during the preceding year for direct marketing purposes. If you are a California resident and wish to request such information please contact us via the following URL: http://www.gunghoonline.com/contact/ with the email form titled as “California Privacy Rights”.
Review, Update, Correct, or Delete Personal Information
Generally, you may review, update, correct or delete your personal information collected by or through our Service by logging into your account. You may also correct factual inaccuracies. Certain types of personal information that is necessary to check eligibility, such as birth date or age, cannot be deleted, but may be modified with sufficient verification of the new information. Note that we reserve the right to terminate or delete any registration or promotional entry if we believe the personal information submitted was knowingly false or fraudulent.
To delete your personal information, you may following URL: http://www.gunghoonline.com/contact/. We will use commercially reasonable efforts to honor your request.
To have access to your personal information, you must provide proof of identification such as full name, street address, city/state and zip code, user ID and password, and/or information about your recent activity on our Service. We reserve the right to deny access to any user if we believe there is a question about your identity. And if the burden or expense of providing access to your personal information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. Moreover, we may still retain an archived copy of your information in our files as required by law or for legitimate business purposes, including, resolving disputes, enforcing the Terms of Service, and for other technical and legal requirements and constraints related to our Service.
To manage the information we receive about you from the SNS where you play our games, you will need to follow the instructions at that SNS for updating your information and changing your privacy settings.
Notification of Changes
Links to Third Party Websites, Services and Offers.
Our Service may contain links to other websites, services and/or offers from third parties. We are not responsible for, nor will it be liable to you or any third party for, your interaction with such third parties or the information requests initiated by such third parties or the subsequent use, treatment or dissemination of the information you voluntarily chose to provide to them. You should review the applicable privacy policies and information practices of such third parties carefully before providing personal information to them. Moreover, if you have any questions or concerns, you should contact the third party directly.
Protection of Children’s Privacy
Company is committed to providing special protection for the privacy of children who may use our Service. The Service is not intended for nor directed to children under the age of 13 and we do not knowingly collect, use or retain personally identifiable information from such children. If we discover that we have inadvertently collected personal information from children, we will take all reasonable measures to delete any records of such personal information that come to our attention.
Special Note to Parents
If you become aware that your child has provided us with personal information at our Service, we invite you to notify us so that we may delete the information from our records and discontinue any related features or services (see Opt-Out Provision above). We also urge parents to instruct their children never to give out their real names, addresses or phone numbers without parental permission when using the Internet. We appreciate your cooperation in assisting us to provide a safe and enjoyable online experience for your children.
Users Outside United States
Users in certain jurisdictions may have a right to access his/her personal information held by the Company and/or its Affiliates. Your right of access to such personal information can be exercised in accordance with applicable laws, rules and regulations. Please submit any requests for such access via the following URL: http://www.gunghoonline.com/contact/.
Copyright © 2012 GungHo Online Entertainment, Inc. All rights reserved.