Terms of Service
1. Introduction
If you reside outside of the Republic of Korea, the terms of this agreement (the “Terms of Service”) govern the relationship between you(“user” or “you”) and TERRAGAMINGS and/or its affiliates ( “TERRAGAMINGS,” “we,” or “us”) regarding your use of TERRAGAMINGS' mobile games (“TERRAGAMINGS”) and related services, including, without limitation, the use of TERRAGAMINGS Games, participation in an online community for TERRAGAMINGS Games TERRAGAMINGS branded websites (collectively, the “TERRAGAMINGS Service”).
Use of the TERRAGAMINGS Service is also governed by TERRAGAMINGS' Privacy Policy. We may collect and use your content and information in accordance with this Privacy Policy.
By downloading TERRAGAMINGS Games, accessing and/or using the TERRAGAMINGS Service, you accept and agree to be bound by the Terms of Service, the TERRAGAMINGS Privacy Policy
TERRAGAMINGS may amend, at our discretion, any portion of the TERRAGAMINGS Policy at any time by posting or displaying the amended TERRAGAMINGS Policy within and/or on TERRAGAMINGS Games, TERRAGAMINGS branded website. You will be deemed to have accepted such amendments by continuing to use the TERRAGAMINGS Service. Except as otherwise stated, any such amendments will be automatically effective 30 calendar days after they are initially posted.
2. License
2.1. Ownership of TERRAGAMINGS
TERRAGAMINGS owns, has licensed, or otherwise has the right to use all of the content that appears in the TERRAGAMINGS Service, including, without limitation, a user account, virtual items and virtual currencies. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A GUEST(COLLECTIVELY, “GAME ACCOUNTS”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO A GAME ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TERRAGAMINGS
2.2. Limited License
TERRAGAMINGS hereby grant you a non-exclusive, non-transferable, and revocable limited license to use the TERRAGAMINGS Service subject to the terms of the TERRAGAMINGS Policy. You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under the TERRAGAMINGS Policy, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
2.3. Trades of Virtual Items and Virtual Currency
TERRAGAMINGS prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of the TERRAGAMINGS Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the TERRAGAMINGS Service, unless expressly authorized by TERRAGAMINGS. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
3. Game Account If you use the TERRAGAMINGS Service, we will create and assign to your device an identifier that is similar to an account number. We will use the Account information for providing customer supports to any users.
4. User Content
4.1. Your Representations and Warranties
“User Content” means any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through the TERRAGAMINGS Service. By transmitting, submitting, or posting any User Content while using the TERRAGAMINGS Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code. You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via the TERRAGAMINGS Service. TERRAGAMINGS assumes no responsibility for illegal contents or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under the TERRAGAMINGS Policy. You further acknowledge and agree that any of your personal information within such content will at all times be processed by TERRAGAMINGS in accordance with its Privacy Policy.
4.2. License to Use User Content
You hereby grant TERRAGAMINGS a worldwide, royalty free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through the TERRAGAMINGS Service, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving a written notice to us at any time. In such a case, TERRAGAMINGS will cease any use of the User Content within 3 months after receiving such a notice from you.
4.3. Content Screening
You acknowledge and agree that TERRAGAMINGS may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.
5. Fees and Purchase Terms
You agree to pay all fees and applicable taxes incurred by you. TERRAGAMINGS may revise the pricing for the goods and services it licenses to you through the TERRAGAMINGS Service at any time. YOU AGREE AND ACKNOWLEDGE THAT TERRAGAMINGS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A GAME ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Notwithstanding the foregoing, if you verify in a reasonable way that you reside in the European Union and you purchase virtual items or currencies from TERRAGAMINGS, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. You acknowledge and agree that the performance of our service is deemed to begin once you use any portion of virtual currencies or virtual items in playing TERRAGAMINGS Games, which result in losing your right of withdrawal. Some of TERRAGAMINGS Games may be described as a “free game” within the description page of App marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT.
6. Your Responsibility in Using Service
You agree that, while using the TERRAGAMINGS Service, you will not, under any circumstances: • send, post, transmit or make available any material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; • stalk, harass, threaten, or defraud other TERRAGAMINGS users or any members of TERRAGAMINGS support personnel; • use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the TERRAGAMINGS Service; • interfere with or disable any security-related features of the TERRAGAMINGS Service, or any part thereof; • damage, disable, overburden, or impair the TERRAGAMINGS Service, including, without limitation, (i) by sending, posting, transmitting or distributing anything that contains a virus, spyware, or other harmful material intended to damage or interfere with the TERRAGAMINGS Service or (ii) attempting to disrupt servers that relate to the TERRAGAMINGS Service; • make improper use of TERRAGAMINGS ‘s support services, including by submitting false abuse reports; • misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the TERRAGAMINGS Service; • create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a TERRAGAMINGS official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure; • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the TERRAGAMINGS Service; • modify any part of the TERRAGAMINGS Service without TERRAGAMINGS ‘s prior written consent; • send, post, transmit or make available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity; • buy, sell, trade, or advertise to sell any virtual currency or items or Game Account for commercial purposes; • send, post, transmit or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without TERRAGAMINGS' prior written consent • attempt to collect any personal information about any users or to disclose such information; • access another user’s Game Account without permission; • assist, permit or encourage any party in engaging in any of the activities described in the above listing; and • use the TERRAGAMINGS Service in any manner that may violate any applicable laws or regulations or is prohibited by the TERRAGAMINGS Policy.
7. Third Party Advertising
TERRAGAMINGS may feature advertisements from third parties or provide links on the TERRAGAMINGS Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the TERRAGAMINGS Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. TERRAGAMINGS makes no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of TERRAGAMINGS and may collect data or solicit personal information from you. TERRAGAMINGS is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
8. SMS Notifications, Push Notifications & Local Notifications
We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game. We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.
9. User Interactions
9.1. Member Disputes
You are solely responsible for your interactions with other users of the TERRAGAMINGS Service. We may, at its sole discretion, attempt to mediate disputes between users, but is not obliged to become involved in any way with such disputes.
9.2. Release
If you have a dispute with any users of the TERRAGAMINGS Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
10. Suspension & Termination of TERRAGAMINGS Service
TERRAGAMINGS MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE TERRAGAMINGS SERVICE AND/OR GAME. TERRAGAMINGS reserves the right to stop providing or supporting any part of the TERRAGAMINGS Service or a particular game at any time either permanently or temporarily, at which point your license to use the TERRAGAMINGS Service or a part thereof will be automatically terminated or suspended. In such an event, TERRAGAMINGS is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the TERRAGAMINGS Service.
11. Disclaimers & Indemnifications
11.1. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE TERRAGAMINGS SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER TERRAGAMINGS NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “TERRAGAMINGS PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11.2. Disclaimers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT TERRAGAMINGS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TERRAGAMINGS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TERRAGAMINGS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL TERRAGAMINGS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TERRAGAMINGS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
11.3. Indemnification
You agree to indemnify and hold harmless TERRAGAMINGS Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the TERRAGAMINGS Service, (b) any violation by you of the TERRAGAMINGS Policy, or (c) any breach of the representations, warranties, and covenants made by you herein. TERRAGAMINGS may assume the defense of any matter for which you are required to indemnify TERRAGAMINGS by sending notice of such an intention to you. You shall use best efforts to cooperate with TERRAGAMINGS' defense of these claims.
12. General Provision
12.1. Governing Law
The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the TERRAGAMINGS Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
12.2. Dispute Resolution
If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, either party may refer such a dispute in Seoul administered by the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator. All claims filed or brought contrary to Section 13.2. will be considered improperly filed. If you file a claim improperly, TERRAGAMINGS will be entitled to recover attorney fees and costs up to $1,000, provided that TERRAGAMINGS has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
12.3. Entire Agreement
The TERRAGAMINGS Policy is complete and exclusive understanding of you and TERRAGAMINGS relating to your use of the TERRAGAMINGS Service, and supersede all prior understandings of the parties hereto.
12.4. Language
The translation of English language version of the TERRAGAMINGS Policy is provided for informational purposes only and does not modify the English language version of the TERRAGAMINGS Policy. If there is a conflict between the English language version of the TERRAGAMINGS Policy and its translation, the English version of the TERRAGAMINGS Policy will control. The failure of TERRAGAMINGS to require or enforce strict performance by you of any provision of the TERRAGAMINGS Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of TERRAGAMINGS' right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by TERRAGAMINGS in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.
12.5. No Waiver
The failure of TERRAGAMINGS to require or enforce strict performance by you of any provision of the TERRAGAMINGS Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of TERRAGAMINGS' right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by TERRAGAMINGS in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.
12.6. Force Majeure
TERRAGAMINGS will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of TERRAGAMINGS, including, without limitation, any failure to perform under the TERRAGAMINGS Policy due to unforeseen cause beyond TERRAGAMINGS' control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials 12.7. Severability If any portion of the TERRAGAMINGS Policy is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the TERRAGAMINGS Policy remain in full force and effect.