Super Awesome Inc. 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.
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.
This Policy will be
effective on the 10th day of September, 2015 and, in case of modification
thereof, the Company will make public notice of it through posting it on the
bulletin board of Company's website or individual notice through sending mails,
fax or e-mails).
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.
Changes and
Stop the Service
10.
The Company’s
Obligations
11.
Possession
and Use of Intellectual Property Restrictions
12.
Notice for
California Users
13.
Disclaimers
14.
Limitation of
Liability
15. Responsible department of Company
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.
Applications are free to play, however in-app purchases are available for
collecting items and virtual currency.
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 Payments
Purchase price of the content is prescribed in principle by Mobile
Carriers, Application Markets and Online Sites. Also depending on the Policy
and billing Companies (carriers, Open Market Store, an Application Market,
etc.) Policy, payment limits for each payment method, according to the
government’s policy may be granted.
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. 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.
10. 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.
11. 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.
12. 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.
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 laws 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.
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.
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
The latest update date: 2016.6.29
Effective Date: 2016.7.7