Terms of Service

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(Effective Date: May 25, 2018) Gravity Interactive, Inc. ("Company", "we", "us" or "our") maintains these Terms of Service ("TOS") that describes the terms and conditions applicable to the use of our game applications for personal computers and mobile devices and Applications accessible on social networking services ("SNS") (each, an "Application" and collectively, "Applications"). Your use of the Applications is subject at all times to these TOS, our privacy policy ("Privacy Policy") and any additional end user license agreements (the "EULA") which may apply. Any inconsistencies between this TOS, the Privacy Policy or any EULA shall be resolved by the Company in its sole and absolute discretion. PLEASE NOTICE THAT COMPANY DO NOT PROVIDE ANY SERVICES TO USER(S) IN EUROPE EXCEPT FOR “RUSSIAN FEDERATION AND CIS” (“European User”). THEREFORE, PLEASE DO NOT ATTEMPT TO ACCESS OUR APPLICATIONS OR TO PLAY ANY GAME ON OR THROUGH OUR SERVICES IF YOU ARE A EUROPEAN USER. 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. 1. LICENSE (a) License Grant. Subject to the terms and conditions of these TOS, the Privacy Policy and any Additional Terms (each of which are hereby incorporated by this reference), the Company hereby grants to you a limited, non- exclusive, non-transferable and revocable right and license to: (i) download, install and use the subject Applications (excluding source code) on your personal computer and/or mobile device, and (ii) access and use the Application through the subject SNS. The Company may terminate this license without notice in the event you fail to comply with these TOS, the Privacy Policy or any Additional Terms. Upon termination of the license, you must immediately cease accessing and using all Applications. (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.  (i) You agree to use the Applications only in compliance with these TOS, the Privacy Policy, Additional Terms and applicable rules, laws and regulations, including applicable tax laws. (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. Without limiting any other remedies, we may limit, suspend, terminate, modify or delete your access to the Applications (or any portion thereof) at any time if you are, or we suspect that you are, failing to comply with any of this TOS, the Privacy Policy or Additional Terms with or without notice to you. If the Company terminates your access to the Applications, you may lose your user ID as well as any benefits, privileges, Virtual Items and User Content associated with the subject Application, and we are under no obligation to compensate you for any such losses or results. 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 The Company does not solicit submissions, creative materials, ideas or suggestions other than those the Company may specifically request. Any communications or materials you transmit to the Company by e-mail or otherwise including, without limitation, data, questions, feedback, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and non-proprietary except as otherwise described in the Privacy Policy. As part of an Application, the Company may invite you to participate in blogs, message boards, contests, sweepstakes, forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company and/or to or via an Application, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Company Materials not created by you, "User Content"). You agree that your User Content is wholly original with you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these TOS without the Company incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. 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. You acknowledge and agree that your communications with other users via any channel of communication in an Application are public and not private, and that you have no expectation of privacy concerning your access and use of an Application. You acknowledge that personal information that you communicate in an Application may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications in an Application. You are solely responsible for these communications and their legality under all applicable laws and regulations. Company is not responsible for information that you choose to communicate to other users in an Application, or for the actions of other users. For information regarding Company’s use of information collected in connection with the Applications, please refer to the Privacy Policy. 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, includingusing the Applications as an Internet dating service website, use at a cyber cafe, 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 report them to support.warpportal.com. * * * If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Applications, please contact us via e-mail at support.warpportal.com. © 2020 Gravity Interactive, Inc. All Rights Reserved.