2016년 6월 29일 수요일

Super Awesome Inc. Terms of Service (16.06.29)

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: 2015-서울강남-00649

The latest update date: 2016.6.29
Effective Date: 2016.7.7