Terms of Service
Effective Date: August 1, 2016 (Last updated: August 1, 2016)
This Terms of Service (“Terms of Service” or “Terms”) is a legal agreement between The JoyPlus Soft (“The JoyPlus Soft” or “We”) and you (collectively or individually “Users” or “you”). By accessing or using any of our services or applications (collectively, the “Services”), you agree that you have read, understood, and accept to be bound by the Terms. We reserve the right, in our sole discretion, to modify or revise these Terms at any time, and Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance of the revised Terms. Our Privacy Policy is incorporated herein by reference.
License to Use the Services
Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing them through your web browser or other application provided by us or our service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement and may result in disciplinary or legal action against you or your account. You agree that you will not:
- Cheat or use, develop, or distribute automation software programs (“bots”), “macro” software programs, or other “cheat utility” software programs or applications which are designed to modify the Services experience to the detriment of fair play;
- Disrupt, attempt to, or otherwise assist in the disruption of any computer used to support the Services or any other player's experience;
- Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
- Exploit the Services or any of their parts for any commercial purpose;
- Promote or encourage any illegal activity including, without limitation, hacking, cracking, or distribution of counterfeit software, or cheats or hacks for the Services;
- Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.
Intellectual Property / Ownership
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. You agree that no materials that are part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without our express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, require express prior written permission from The JoyPlus Soft. You agree and understand that all comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to us in connection with the use of the Services shall be the exclusive property of The JoyPlus Soft. You agree that, unless otherwise prohibited by law, we may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
User Content
Any data, text, graphics, photographs and their selection and arrangement (“User Content”) uploaded to the Services are subject, whether in whole or in part, to unlimited commercial, non-commercial, and/or promotional use by us. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and The JoyPlus Soft is not responsible, for any files users upload, post, or otherwise make available. We may or may not regulate User Content and do not guarantee the accuracy, quality, or integrity of any User Content posted via the Services. By using the Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that we will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. We reserve the right to remove and permanently delete any User Content from the Services with or without notice. You agree that you are willingly publishing the User Content on the Services using technology and tools provided by us. You understand and agree that you may not distribute, sell, transfer, or license your User Content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of The JoyPlus Soft.
Code of Conduct
We may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. We have no obligation to monitor these Communication Channels, but we may do so and reserve the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. We will not under any circumstance be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. We are not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
- post, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, or otherwise objectionable;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, or abuse anyone, hatefully, racially, ethnically, or, in a reasonable person's view, otherwise offensive or objectionable;
- violate the contractual, personal, intellectual property, or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- attempt to obtain passwords or other private information from other members;
- improperly use support channels or complaint buttons to make false reports to us;
- develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs, or other “cheat utility” software programs or applications in violation of the applicable License Agreements;
- exploit, distribute, or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage.
You agree to obey all federal, state, and local laws, regulations, and rules that apply to your activities when you use the Services. We reserve the right to terminate your account and to prevent your use of any and all Services if your account is used to engage in illegal activity or to violate these Terms of Service.
Account and Security
You may be able to use your user account and/or user ID of the website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete, and accurate information (including, if required, your email address) as prompted by the applicable registration form. YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES. (Where the laws of the Republic of Korea apply, you must be at least 14 years of age, or have the consent of a legal guardian.) You are responsible for maintaining the confidentiality of your account information (including usernames, passwords, and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by us or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.
Virtual Currencies and Goods
The Services may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) such as gold, coins, or points that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from us for “real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from us or any other party. You understand that you have no right or title in or to any such Virtual Goods or Virtual Currency. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Services and/or legal action. You acknowledge and agree that your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, or transferable, except in our sole discretion.
Links to Third-Party Sites
The Services may include third-party advertisements from us or other third parties. You acknowledge further that the Services may include links to other websites or resources which may invite you to participate in a promotional offer in return for receiving Virtual Currency and/or goods. Any charges or obligations you may incur in your dealings with these third parties are your responsibility. We have no control over (and are merely a passive conduit with respect to) any such third-party advertisements or links to websites or other resources (“Linked Sites”) that may exist in or on the Services. You acknowledge and agree that we shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any Linked Sites. All correspondence or business dealings with, or participation in promotions of, advertisers found on or through any advertisement, including payment and delivery of related goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You acknowledge that the Linked Sites are not under the control of The JoyPlus Soft and may collect data or solicit personal information from you. The JoyPlus Soft is not responsible for the content, business practices, or privacy policies of any Linked Sites, nor for the collection, use, or disclosure of any information Linked Sites may collect.
Suspension and Termination
We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason, and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service. In the event your account or access to the Services is terminated, suspended, or cancelled, whether by you or by us, you will not be entitled to any refund, nor will any credits, virtual currency, or virtual goods be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it. If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts. We also reserve the right to stop offering and/or supporting part or all of the Services at any time, either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services.
Indemnification
You agree to defend, indemnify, and hold The JoyPlus Soft, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or Content, or your violation of these Terms of Use.
Limitation of Liability
The JoyPlus Soft and its licensors will not be liable in any way for damage or loss of any kind resulting from (1) the use of or inability to use the Services, including without limitation loss of goodwill, work stoppage, computer failure or malfunction; (2) the loss of or damage to characters, accounts, statistics, inventories, or user profile information; or (3) interruptions of services including without limitation ISP disruption, software or hardware failures, or any other event which may result in a loss of data or disruption of Services. To the maximum extent permitted by applicable law, in no event will The JoyPlus Soft or its licensors be liable to you or anyone else for any direct, indirect, incidental, special, exemplary, or consequential damages, even if they have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Refunds and Right of Withdrawal
As stated above, purchases of Virtual Currency and Virtual Goods are generally final and non-refundable. However, nothing in these Terms limits any statutory right you may have. Refunds and cancellations are also subject to the policies of the applicable app store (such as the Apple App Store or Google Play) through which you made the purchase. In addition, where the mandatory consumer protection laws of the Republic of Korea apply (including the right of withdrawal under the Act on the Consumer Protection in Electronic Commerce, Etc.), we will honor the rights granted to you under such laws.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict-of-laws principles. Any dispute arising out of or in connection with the Services or these Terms shall be submitted, as the court of first instance, to the competent court having jurisdiction over the location of The JoyPlus Soft's principal place of business.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
Entire Agreement
These Terms are the entire and exclusive agreement between The JoyPlus Soft and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing. The Services are operated and provided by The JoyPlus Soft. If you have any questions about these Terms, please contact us at support@thejoyplus.com.
Company Information
Representative: Jaemyung Park
Business Registration No.: 572-86-00718
Mail-Order Sales Registration No.: 2021-Gyeonggi Gwangmyeong-0103
Address: 362 Ori-ro, Gwangmyeong-si, Gyeonggi-do, Republic of Korea
Email: support@thejoyplus.com