SUPER AWESOME
INC. TERMS OF SERVICE
END USER LICENSE
AGREEMENT AND TERMS OF SERVICE
Terms of Service
(the “Terms”) are an agreement between you and Super Awesome Inc. and its
affiliate (“Super Awesome”, the “Companies”, “we”, “our”, or “us”). The Policy
regarding the rights and obligations of the users and Company which you
acknowledge, agree to and consent to by using the Applications.
When using the
Applications, you shall be subject to any Posted rules, community guidelines,
or policies. Such rules, guidelines, and policies are hereby incorporated
by reference into these Terms. We may also offer other Applications,
games or websites that are governed by different terms.
You represent that
you are not a person barred from receiving services under the laws of the
United States or other applicable jurisdictions. You also represent
that you are 18 years of age or older. If you are under 18 years of age,
you may only use the Applications under the supervision of your parent or legal
guardian. Your parent or legal guardian must first review and agree to
these Terms. If you are under 13 years of age, please do not submit any
Personal Information to us, as stated in our Privacy Policy.
YOU CONSENT TO ENTERING THESE
TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN
ELECTRONIC FORM.
Index of Contents
1.
Definitions
2.
Modifications
of Our Terms of Service
3.
Preconditions
to these Terms
4.
Our Services
5.
Privacy
Policy
6.
Content
Posted and Advertising by Company
7.
Content
Posted by Users
8.
Purchasing
Contents
9.
Social Networking Features and
Game Forums
10.
Changes and Stop the
Service
11. The Company’s
Obligations
12. Possession
and Use of Intellectual Property Restrictions
13. Disclaimers
14. Limitation of Liability
15. Responsible department of Company
16. Notice For Parents
17. Notice for
California Users
1. Definitions
Some terms used
herein are defined by following definitions.
1.1 “Users”: “Users” or “You”, the person who
uses full services which operated by Super Awesome Inc., including membership
and non-membership users.
1.2 “Contents”: All network services,
applications, game materials, virtual currency and game contents which are
related to the contents of any services designed digitally.
1.3 “Devices”: Such PC, mobile phone,
smartphone, PDA, tablet, portable game consoles which are available for using
by install or download contents.
1.4 “Network Services”: “Network Services”
refers to Ranking, upload posts, purchasing virtual currency and game items,
using network games by which connecting Internet Access.
2. Modifications of Our Terms
of Service
2.1 These Terms may
be amended by us from time to time at our sole discretion. Please periodically
review the controlling version of these Terms. By continuing to use the
Applications subsequent to us making available an amended version of these
Terms, you thereby acknowledge, agree and consent to such amendment.
2.2 Company can
change these Terms in necessary. If the agreement is changed, the notice allow
you to check Terms of its application seven days before, when you connected to
network access. The revised Terms will take effect from the date of the notice
or notices apply.
2.3 Users have the
right to refuse to accept the changes. You have objections against this
agreement changes and stop the service, you can cancel the contract
(cancellation). If you continue to use the service after changed Terms, it
apply to your agreement to the revised terms.
3. Preconditions to these
Terms
The grant of
license as set forth in these Terms is specifically conditioned upon the
following:
3.1 You have
accepted all of the obligations contained in these Terms, and any additional
requirements, rules, or obligations, as may be applicable to the Application(s)
you are using, which is evidenced by your use of the Application(s);
3.2 You will comply
with all of the Terms until such time as you have completed and permanently
terminated your use of the Application(s) by deleting all aspects of the
Application(s) from your machine (e.g., account deletion, deletion of
Application-related files, destruction of the physical media on which the copy
of the Application(s) in your possession exists, etc.);
3.3 You will use
the Application(s) only on a single mobile entertainment device, for personal
use only, running validly licensed copies of operating systems on which the
Application was designed to operate;
3.4 You will
refrain from using any hacks, cracks, bots, or third party software which may
modify, temporarily or permanently, the code or the user experience of the
Application(s), whether on your local device or on servers which enable use of
any features of the Application(s).
4. Our Services
4.1 We provide
users with access to interactive software products that, among other things,
enable multiplayer gaming experiences on mobile devices. The Applications
may be made available to you directly, or through third party services, such as
iTunes and Google Play. These third party services may require you to
download and install software and create an account before downloading the
Applications. In addition, you may be required to register an account
with Super Awesome Inc. and sign into that account in order to access some
portions and features of the Applications. If you choose to create and
utilize an account – whether with Super Awesome Inc. or with a third party
service – you are responsible for maintaining the confidentiality of the
password and username, and you are fully and solely responsible for all
activities that occur under your password or username. Please immediately
notify us of any unauthorized use of your password or username or any other
breach of security by contacting us at contact@superawesome.co.kr. If you
interact with us or with third-party service providers, and in the course of
that interaction you provide to us (or the applicable third party) information
about you, including contact information, biographical information, and credit
card or other payment information, you agree that all information that you
provide will be accurate, complete, and current. You will review all
policies and agreements applicable to use of third party services.
When using our
Applications, you hereby acknowledge that your device may connect to or utilize
third party data networks, which may incur fees based on your use of those
networks. If you have a third party network carrier linked to your
device, that carrier’s normal rates and fees, such as text messaging and excess
broadband fees will still apply. In the event you dispose of or transfer
ownership of your mobile device, you agree to uninstall and delete the
Applications before doing so.
5. Privacy Policy
5.1 By installing, accessing or using the Super Awesome’s Services, you
consent to these information collection and usage Terms, Super Awesome respects
your privacy rights and recognizes the importance of protecting any information
collected about you. Super Awesome's privacy policy as amended from time to
time is available at ("Privacy Policy"). Super Awesome’s Privacy
Policy defines how, why and to which extent Super Awesome collects and uses
personal and non-personal information in relation to Super Awesome's products
and services. By installing, accessing or using the Super Awesome Services you
explicitly agree with the terms and conditions of Super Awesome’s Privacy
Policy and to any terms and conditions included therein by reference.
6. Content Posted and
Advertising by Company
6.1 Although we
will not share your Personal Information with third parties for the purpose of
enabling third parties to send marketing materials to you about their products
or the products of others, we may use third party advertisers to deliver
advertising within the mobile environment.
(Refers to section
8 of our “PRIVACY POLICY”)
7. Content Posted by Users
7.1 You understand
that all User Content is the sole responsibility of the person from whom such
content originated. We do not control
User Content and we do not make any guarantee whatsoever related to User
Content. Although we sometimes review User Content, we are not obligated to do
so. Under no circumstances will we be liable or responsible in any way for any
claim related to User Content.
7.2 By Posting any
User Content to or through the Application(s), you grant us a royalty-free,
irrevocable, transferrable, sub licensable, perpetual and non-exclusive license
throughout the universe for use in any and all media whether now known or
hereafter devised to copy, modify, distribute, display, broadcast, perform,
make derivative works from, use and otherwise exploit any and all such User
Content for any purpose whatsoever, including without limitation any
commercial, advertising, or promotional uses, and to license third parties to
do the same. You also waive to the full
extent permitted by law any and all claims against us related to moral rights
in User Content. In no circumstances
will we be liable for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you
own or have the necessary licenses, rights, consents, and permissions to
publish Content you Post.
7.3 If any of the
User Content that you Post to or through the Applications contains ideas,
suggestions, documents, and/or proposals to us, we will have no obligation of
confidentiality, express or implied, with respect to such User Content, and we
shall be entitled to use, exploit or disclose (or choose not to use or
disclose) such User Content at our sole discretion without any obligation to
you whatsoever (i.e., you will not be entitled to any compensation or
reimbursement of any kind from us under any circumstances).
8. Purchasing Contents
8.1 Virtual
Currency
While playing our
games, you may have the opportunity to visit online and
in-game stores and use online "cash" to license a variety of
virtual items that can be used while playing various games. You may be
required to provide us or another payment service designated by us (e.g.,
PayPal) with your credit card information and other information related to your
credit card transaction (e.g., your billing and shipping address on record with
the applicable credit card company, your credit card expiration date, etc.).
For each "real world" U.S. Dollar or unit of other
currency that you authorize us to charge to your credit card, you will be
awarded a designated amount of virtual currency; provided, however, that we
reserve the right in our sole discretion at any time to change the number of
units you will be entitled to for each "real world" U.S.
Dollar or unit of other currency. YOU UNDERSTAND AND AGREE THAT ONCE
YOU AUTHORIZE US OR ANOTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD
FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE,
INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON,
TERMINATION OF THESE TERMS AND/OR THE DISCONTINUATION OF THE SERVICE.
You may also be awarded points to use for virtual “shopping.” These
points have no "real world" value, but may be exchanged by you for
designated items. Certain items have an expiration date, while others have no
expiration date. Each item that you obtain using virtual currency or
points will be included in your account until the earlier of that item's
expiration date, your account's expiration or termination date, or such date
when the Application is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED
OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS
IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.
We have no
liability for loss of your items from your account, provided we will use
reasonable efforts to replace such items under certain circumstances in our
reasonable discretion. We have no obligation or responsibility to and will not
reimburse you for any item or any experience lost due to your violations of
this and any other rules, policies, notices and/or agreements. You
understand that any credit card transaction-related information will be treated
by us in the manner described herein and in our Privacy Policy, and, as
applicable, in the manner described in the privacy policy of any third-party
payment service that we choose to use. You agree that all information that
you provide to us or a designated third-party payment service will be accurate,
current and complete. You hereby agree to pay all charges incurred by you
(or your child, if applicable) resulting from your use of the Applications at
the price(s) in effect when such charges are incurred. You will also be
responsible for paying any applicable taxes relating to such
transactions. You understand that we may suspend or terminate your
account if for any reason a charge you authorize us to make to your credit card
cannot be processed or is returned to us unpaid and, if such event occurs, you
shall immediately remit to us payment for such charge through the use of
another credit card or other payment mechanism. We shall not be
responsible or liable for any credit card or bank-related charges or fees
related to any of your transactions. We reserve the right, without prior
notification, to limit the order quantity on any item and/or to refuse to
provide you with any item. Verification of certain information applicable
to a transaction involving an item may be required prior to our acceptance
thereof. Price and availability of the items are subject to change without
notice. You agree that you cannot and have no right to sell or otherwise
transfer any of the items, virtual currency or any other content or information
included in the Applications, in whole or in part, to any third person or
entity whatsoever, including, without limitation, on Internet auction sites
(e.g., eBay, IGE), hack sites, private server sites, gold farming sites or in
return for anything of value (including "real" money) or
otherwise. You acknowledge that the virtual currency acquired through the
Applications is not real currency or any type of financial instrument and is
not redeemable for any sum of money from us at any time.
8.2 Cancellation
and Refund Purchase Price, etc.
Possible Contents: You can withdraw from the purchase offer within seven
days.
Limited Cancellation Contents: To display a
pop-up screen or limited to connecting the screen.
Buy Contents through Third-Party: Companies are
able to refund directly for the convenience of the user and can be within the
range set by the company, depending on your situation can help a refund of some
amount.
Super Awesome is
committed to completing a full refund as fast as possible from the date of
receiving the documents from the user.
9. Social Networking Features and
Game Forums
While using the
Applications, you may enable interactivity between the Applications and certain
social networking services, such as Facebook, Google +, or Twitter. These
services enable you and Super Awesome Inc. to communicate with third parties.
In addition, you may display the information generated from your participation
in games on these social networks. You may also engage in Application forums
for the purpose of communicating with other players about topics such as game
strategy.
You understand that
much of the information included in the social networking features and the
forums is from other players who are not employed by or under the control of Super
Awesome Inc.. You further acknowledge that a large volume of information is
available in the social networking features and the forums and that people
participating in them occasionally Post messages or make statements, whether
intentionally or unintentionally, that are inaccurate, misleading, deceptive,
abusive or even unlawful. We neither endorse nor are responsible for such
messages or statements, or for any opinion, advice, information or other
utterance made or displayed by you or the other players. The opinions expressed
reflect solely the opinion(s) of you and the other players and may not reflect
our opinion(s). We are not responsible for any errors or omissions in Postings,
for hyperlinks embedded in messages or for any results obtained from the use of
the information. Under no circumstances will we be liable for any loss or
damage caused by your reliance on such information. You should be aware that,
when you disclose information about yourself using a social networking feature
or a forum, the information is being made publicly available and may be
collected and used by other users. When you disclose any information, you do so
at your own risk. We may, but have no obligation to, monitor the social
networking features or the forums. You acknowledge and agree that we have the
right (but not the obligation) to monitor, record and store your communications
and to disclose such materials and the circumstances surrounding their
transmission to any third party in order to operate the Applications properly,
to protect ourselves, our sponsors and our members and visitors and/or to
comply with legal obligations or governmental requests.
10. Changes and Stop the
Service
9.1 Company may
change the Service offered to meet the needs of operational or technical. Users
can be noticed the issues in advance when users available to access Network
Services. However, if Company that is unavoidable circumstances such as
critical issues occur (server equipment faults, urgent security issues), it
cannot be notified in advance, can be notified after the fact. If Company need
to stop the service by all of the games and operational planning or the
Company’s dire situation, we can notice it on the website before 30 days and
stop providing services. Users cannot claim compensation for service
interruptions after the expiry of Paid Subscription or Pay-elapsed items. Super
Awesome is not liable for problems caused by changes and stop the service.
11. The Company’s Obligations
Super Awesome is
committed to provide continuous and reliable services and does not act contrary
to morals or prohibited agreement. Also we are dedicated to provide the best
Contents and Network Services. The obligations as set forth in these Terms is specifically
conditioned upon the following:
10.1 Company does
not leak/distribute to any other party without your consent personal
information. However, the requirements of the relevant national authorities,
such as by the Telecommunications Act and other related legislation relevant to
include this provision shall not apply.
10.2 If feedback or
complaint raised from user is reasonable, it will be processed immediately.
However, if immediate treatment is difficult, users can be informed of the
reasons and schedules by telephone or email which collected with the consent in
advance.
12. Possession and Use of
Intellectual Property Restrictions
11.1 Super Awesome
and our associated logos and names are our trademarks and/or service marks.
Other trademarks, service marks, names and logos used on or through the
Applications, are the trademarks, service marks or logos of their respective
owners. You are granted no right or license with respect to any of the
aforesaid trademarks, service marks or logos.
11.2 Super Awesome
owns and shall retain all right, title and interest, including, without
limitation, all intellectual property rights, in and to the Applications, and
any portions thereof. You shall not take any action to jeopardize, encumber,
limit or interfere in any manner with Super Awesome ownership of and rights
with respect to the Applications. You
shall have only those rights in and to the Applications as are expressly
granted to you under this Agreement.
11.3 All rights,
title and interest in and to the Service (including without limitation any
games, titles, computer code, themes, objects, characters, character names,
stories, dialogue, catch phrases, concepts, artwork, animations, sounds,
musical compositions, audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile information,
recordings of games played using a Super Awesome game client, and the Super
Awesome game clients and server software) are owned by Super Awesome. Super
Awesome reserves all rights, including without limitation, all intellectual
property rights or other proprietary rights, in connection with its games and
the Service.
13. Disclaimers
◌ YOU USE THE
APPLICATIONS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS "AS
IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL
EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE APPLICATIONS
AND GOODS OR SERVICES PURCHASED THROUGH THE APPLICATIONS, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APPLICATIONS.
◌ WE MAKE NO WARRANTY
THAT (1) THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATIONS
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE APPLICATIONS’ RESULTS
WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATIONS WILL MEET YOUR
EXPECTATIONS; OR (5) THE APPLICATIONS, OUR SERVERS, OR COMMUNICATIONS SENT FROM
US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
◌ NO INFORMATION
OBTAINED BY YOU FROM US OR THROUGH THE APPLICATIONS SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS.
14. Limitation of Liability
Super Awesome is
exempted from responsibility for the following such situations:
◌
Unable to provide
service due to force majeure or similar natural disaster.
◌
Damage caused by
the mobile carrier: stop Network Services or does not provide normally.
◌
The repair work
known in advance (replacement, periodic inspection, construction, etc.), due to
unavoidable reasons for a service stopped or disability.
◌
When users cannot
get the revenue or you get loss from you expected.
◌
Users access the
site by impersonating the service of the Company or APK problem caused by the
modulation network access.
◌
The reliability of
facts and information accuracy which has posted or transmitted in or on the
Website services by users.
◌
The Company has no
obligation to intervene in the service dispute occurred with each other via a
third-party user or users will be liable to compensate the resulting damages.
◌
If Company need to
stop the service by all of the games and operational planning or the Company’s
dire situation, we can notice it on the website before 30 days and stop
providing services. Users cannot claim compensation for service interruptions
after the expiry of Paid Subscription or Pay-elapsed items.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL,
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN
ASSOCIATION WITH THESE TERMS OR ANY INDIVIDUAL OR CLASS-ACTION CLAIM,
OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING
UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT,
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER
GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT
WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF
ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
15. Responsible department of
Company
Super Awesome Inc.
designates the following department and person in charge of personal
information in order to protect personal information of customers and deal with
complaints from customers:
• Department responsible for privacy protection and customer
service:
Address: 12FL, Apex Tower, 513, Seolleung-ro,
Gangnam-gu, Seoul, Korea (06150)
E-mail: contact@superawesome.co.kr
Business Registration Number: 114-87-19610
E-Commerce Registration Number: 제 2015-서울강남-00649호
These Terms and the relationship between you and us shall be
governed by the laws of the Republic of Korea. The competent court to hear
any dispute arising out of or in connection with this agreement is determined
in accordance with applicable law.
Regardless of any statute or law to the contrary, any claim
or cause of action arising under or out of or related to your use of the
Applications or these Terms must be filed within one year after such claim or
cause of action arose or be forever barred. Any claim by you that may
arise in connection with these Terms will be compensable by monetary damages
and you will in no event be entitled to injunctive or other equitable relief.
16. Notice For Parents
Pursuant to 47 U.S.C. Section 230(d), we hereby notify you
that parental control protections (such as computer hardware, software or
filtering services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying current
providers of protections is available from the ESRB:
http://www.esrb.org/about/news/downloads/ESRB_PTA_Brochure-web_version.pdf.
17. Notice for California
Users
12.1 If the user
resides in California, certain rights may be given. The Company prepares
preventive measures necessary for protecting personal information of members so
that the Company can comply with online privacy protection laws of California.
12.2 In case of
leakage of personal information, a user may request the Company to check the
leakage. In addition, all the users in the website of the Company, can modify
their information at any time by using the menu for changing information by
connecting their personal account.
12.3 Moreover, the
Company does not trace the visitors of its website nor use any signals for
'tracing prevent'. The Company will not collect and provide any personal
identification information through ad services without consent of users. If you
have any questions regarding our practices, please contact us at contact@superawesome.co.kr.
The latest update date: 2017.5.24
Effective Date: 2017.5.31
