Terms OF Service

TERMS OF SERVICE

 

This Terms of Service (“Terms” or “Agreement”) describes and governs the relationship between you (“You”) and Idiocracy, Inc. (hereinafter “Idiocracy” or “us” or “we” or “our”) and its affiliates regarding your use of Idiocracy’s games, websites and related services (“Service” or “Services”).  By installing or using our Services, you agree to Idiocracy’s Terms.

Certain features of the Service may require you to provide personal information, including but not limited to name and email address.  All information collected will be used in accordance with our Privacy Policy.

Should you violate the Terms, we reserve the right to issue you a warning regarding the violation or immediately suspend or terminate any or all accounts you have created using the Service.  You agree that we don’t need to provide you notice before suspending or terminating your account(s), but we may provide such notice at our sole discretion.

Idiocracy reserves the right, at its own discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time.

Should you disagree with any of the provisions herein, you can uninstall the application, stop using the Services or contact us at contact@idiocracy.co.kr.  Idiocracy is all about collaborating to improve its legal documents, and we’ll be happy to hear your comments and suggestions to create an improved version of the Terms of Service and Privacy Policy.

 

 

 

 

 

1. License to Use

Subject to your agreement and continuing compliance with these Terms and relevant Idiocracy’s policies, we grant you a personal, non-exclusive, non-sublicensed, non-transferable, revocable, limited license to use the Service for your own non-commercial entertainment purposes.

You hereby acknowledge that if you violate these Terms at any point or if you do not agree to any of these Terms, your license to use the Service shall be immediately terminated, and you shall immediately refrain from using the Service.

You shall not use the Service if:

  1. A) You are under 13 years of age, in which case you must not create an account, submit personal information through the Service, or access any part of the Service;

  2. B) You cannot enter into a binding contract with Idiocracy;

  3. C) You are convicted of any sex offense or any crime involving moral turpitude; or

  4. D) You have previously been banned, for any reason, from using Idiocracy’s Services.

This license is subject to certain limitations.  Any use of the Service in violation of these limitations will be considered a breach of this Terms of Service and may result in disciplinary or legal action against you or your account.

 

License Limitations

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

  1. A) In any way that violates any applicable federal, state, local and international law or regulation;

  2. B) To send, upload, download, use or re-use any material which does not comply with the Code of Conduct set out below;

  3. C) To transmit, or procure the sending of, any mass advertising or direct solicitation material;

  4. D) To impersonate or attempt to impersonate the Company or a Company employee, another user, or another person or entity (including, without limitation, the use of e-mail addresses or screen names associated with or confusingly similar to any of the foregoing);

  5. E) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service or which, as determined by us, may harm Idiocracy or users of the Service or expose them to liability; and

  6. F) In any manner that could disable, overburden, damage, or impair the game or interfere with any other party’s use of the Service, including but not limited to their ability to engage in real-time activities through the Service.

Any use of cheat utilities including but not limited to Smart Bonus Collector, SmartGamesBonusesCollector, fbcollectbonuses, and any other bonus collector program will be considered a breach of the Terms of Service and may result in suspension or termination of your account or any restriction in our sole and absolute discretion.

 

2. Code of Conduct

You represent and warrant that you have the full right and authority to use the Services and to be bound by these Terms.  You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.

You undertake that you shall not defraud, or attempt to defraud us or other users and that you shall not act in bad faith in your use of the Service.  If we determine that you do act in bad faith in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, we may, at our sole discretion, terminate your account and prohibit you from using the Service.

In addition to the License Limitations, your use of the Services is governed by this Code of Conduct, which is maintained and enforced by us and must be adhered to by all Users at all times when using or accessing the Services.

 

You agree not to, under any circumstances:

  1. A) Use any bots, or other automatic device, process or means to access the Service for any purpose, including to monitor or copy any of the material on the Service;

  2. B) Engage in any act that Idiocracy deems to be in conflict with the spirit or intent of the Service or make improper use of Idiocracy’s support services;

  3. C) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Services;

  4. D) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

  5. E) Attempt to obtain private information (including personally identifiable information such as names, addresses, etc.), passwords, identification documents, or financial information from other members (whether in text, image or video form);

  6. F) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is hosted, or any server, computer or database connected to the Service;

  7. G) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Service.

  8. H) Exploit, distribute or publicly inform other members of any game error, bug or miscue which gives an unintended advantage;

  9. I) Deal with Virtual Currency in a manner that violates these Terms, including transferring Virtual Currency to other individuals, or entities, selling or re-selling Virtual Currencies or fraudulently buying, acquiring or obtaining Virtual Currencies or other products or services;

  10. J) Rent, sell, gift, trade, bequeath, lease or otherwise transfer your account to anyone without our written permission;

  11. K) Access or use an account that does not belong to you, or that has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without our written permission;

  12. L) Take part in any fraudulent activity regarding payment methods or advertiser tracking mechanisms;

  13. M) Attempt to use the Service on or through any service that is not authorized by us. Any such use is at your own risk and may subject you to additional or different terms. We take no responsibility for your use of the Services through any other unauthorized service;

  14. N) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or to obtain information from the Service using any method not expressly permitted by us.

  15. O) Post any information that is abusive, threatening, obscene, pornographic, infringing, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

  16. P) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another individual or their family, group, or entities (including Idiocracy’s employees and customer service representatives).

  17. Q) Restrict or inhibit any other user from using and enjoying the Services. For instance, disrupting the flow of chats with vulgar language, abusiveness, “spamming”, or flooding (continuous posting of repetitive text), are all prohibited;

  18. R) Promote, encourage, or otherwise advocate the use of illegal drugs or substances;

Idiocracy reserves the right to determine what conduct it considers to be in violation of the Code of Conduct or otherwise outside the intent or spirit of these Terms of Service or the Service itself.  We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

 

3. Your Account and Access to Services

You may be able to use the Service with an account from a third-party service (such as Facebook) on which the Services are made available. If you are required to open an account directly with us, you must complete the registration process by providing information that is current, complete and accurate as prompted by the applicable registration form.

  1. A) Eligibility

YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES.

If you are at least 13 years of age, but below the Age of Majority, your parent or legal guardian must review and agree to the Terms.

You shall not permit the use or access of the Services through your Account by an individual that is below the age of 13 years old.  You accept full responsibility for any unauthorized use of the Services by minors and you acknowledge that you are responsible for any use of your credit card or other payment instruments by minors.

    2. B) Account ID

You shall not use a username or Account which violates any third party’s trademark right, copyright, or other proprietary rights, or which may mislead others to believe you to be an employee of Idiocracy, or which we deem in our sole discretion to be vulgar or otherwise offensive.  We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

You understand that your username, name and profile picture will be publicly available and that search engines (such as Google) may index your name and profile photo.  You agree that you will supply accurate and complete information to us and that you will update that information promptly after it changes.

 

4. Privacy

Any content or information you provide, and contents or information obtained automatically by us is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service.  Refer to our Privacy Policy for information and notices concerning our collection and use of your personal information.  As part of the Services, we may provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and you will not be able to opt-out of receiving them.

You agree that we may collect various data regarding your in-game activities (including but not limited to activity logs, IP addresses, browser info, operational system info, and so forth).  If you wish for us to stop collecting the information above let us know through our Help Center (http://apps.facebook.com/pirateswar/?action=helpdesk) or via our support e-mail (contact@idiocracy.co.kr).

 

5. Fees and Purchase Terms

In some cases, you may be able to use Facebook Credits, store value (gift card), debit or credit cards, PayPal, or other similar accounts (herein “Payment Method” or “Payment Information”), to pay for optional services and/or upgrades.  You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including family members or friends.

You may purchase virtual currency from Platforms (such as Facebook, Apple’s App Store, Google Play, Amazon Appstore and Steam Store) that we decide to work within exchange for “real world” money.  This is a transaction between you and the Platform.  We are not a party in this transaction.  If you purchase Platform credits or currency, you are agreeing to the Platform’s terms relating to payment and Platform currencies.  We are not responsible or liable for any issues related to the services provided by the Platform to you in connection with the purchase of Platform credits or currencies.  Once you have completed your purchase of Platform credits or currencies you may redeem them for in-game currencies and goods offered in our Service hosted by the Platform.  If you are under the Age of Majority, you may use Payment Methods only with the involvement of your parent or legal guardian.  Make sure to review these Terms and the Platform’s terms with your parent or legal guardian so that both understand all of your rights and responsibilities.

Links

We may provide on the Services links to third-party websites or vendors who may invite you to participate in promotional offers in return for receiving optional Services and/or upgrades (such as in-game currency).  Some of these websites or vendors may charge separate fees, which are not included in any fees that you may pay to us.  Any separate purchases, charges or obligations you incur in your dealings with these third parties are your responsibility.  We make no warranty or representation regarding goods, content and/or services provided by any third party even if linked from one of our Services, and we will not be liable for any claim relating thereto.  The linked sites or vendors may collect data and solicit personal information from you, and we have no control over them.  We are not responsible for their goods, content, services, business practices or privacy policy (that includes the collection, use or disclosure of any information those sites may collect).  We are providing these links to you only as a convenience, and the inclusion of any links does not imply endorsement of these linked sites by us.

 

6. In-game Currencies/Goods

The services may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to gems, cash, gold, points, upgrades or powerups, that may be purchased from us for “real world” money if you are a legal adult in your country of residence.  The Services may also include virtual, in-game digital items and characters (“Virtual Goods”) that may be purchased from us for “real world” money or for Virtual Currency.  Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from us or any other party.

You only get a limited, revocable, personal, non-transferable, and non-sublicensable license to use Virtual Currency and Virtual Goods, and you have no right or title in or to any such Virtual Currency and Virtual Goods appearing or originating in the Services, or any other attributes associated with use of the Services or stores within the Services.

Idiocracy may manage, control, regulate, modify or eliminate Virtual Currency and/or Virtual Goods at any time, with or without notice, in our sole discretion.  Idiocracy shall have no liability to you or any third party in the event that we exercise any such rights.

The transfer of Virtual Currencies and Virtual Goods is prohibited.  Outside of the Service, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value.  Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Services and possible legal action.

All purchases, sales, and redemptions of Virtual Currencies and Virtual Goods are final and non-refundable, except in our sole and absolute discretion.  All Virtual Currencies and Virtual Goods are forfeited if your account is suspended or terminated for any reason, in our sole and absolute discretion, or if we discontinue the provision of the Services or any particular game.

You agree that your Virtual Currencies and Virtual Goods will be forfeited and your account will be permanently suspended in our sole and absolute discretion if you attempt to buy or sell any Virtual Currency or Virtual Goods by selling, buying or transferring any account connected with us.

 

 

 

7. Content Rights and Ownership

“Content” means all the material and information (such as the software, communications, images, sounds), provided by us or by users of the Services, perceived or made available from the Services.  Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Delivery Platforms, including any responses provided through user surveys.

We retain all rights, title and interest in and to the Service materials (including without limitation any games, applications, software, designs, computer code, graphics, themes, objects, texts, information, characters, pictures, videos, sound, music, and other files, and their selection and arrangement).

You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.

You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of gameplay, are our sole and exclusive property and may be used by us (and/or our affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use.

The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall not, nor shall you cause any other party to decompile, modify, disassemble, reverse engineers, copy, transfer, rent, sub-license, create derivative works from, reproduce framed, republish, scrape, display, download, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service materials without our explicit, prior written consent.  The foregoing shall not apply to your own User Content (herein “User Content” or “User Generated Content”) that you post through the Service in accordance with these Terms.  All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written permission from us.  Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.

You agree that you may only upload, post or otherwise transmit on or through our Services content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any content you do transmit, upload or post through the Service will not infringe the intellectual property rights of any third party.

If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the content, you agree to and hereby do assign solely and exclusively to us all of your right, title and interest in and to such content, without additional consideration, under applicable patent, trade secret, copyright, trademark and other similar laws or rights, in perpetuity.  If such assignment is ineffective under applicable law, you hereby grant us the sole and exclusive, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such content, and to incorporate the same in other works in any form, media, or technology now known or later developed.  To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.

You are granted a limited revocable license to post and/or share your own character or any other content that we specifically give you posting/sharing permission to other websites, on your own personal website or on a third-party website so long as the website where the link or content resides complies with all applicable laws, does not obtain any rights to such content other than non-exclusive license to post it at you own discretion, and does not in any way infringe the rights of a third party.

You understand and agree that any content published by you through the Service is done so through the use of technology and tools provided by us.  Furthermore, you agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your publishing of the content complies with all applicable laws.  You also understand and agree that you may not distribute, transfer, sell, or license this content and/or application in any manner, in any country, or on any social network, or other media without our explicit prior written permission.  You grant us the right to act as an agent on your behalf as the Service operator.

Although we may monitor certain content on the Service, at our own discretion, we assume no responsibility for the conduct of any user submitting any user content and assume no responsibility for monitoring the Service for inappropriate content or conduct.  Idiocracy cannot monitor or prescreen all of the content on the Service and does not attempt to do so.  You bear all risks associated with the use of any user-generated content available in connection with the Service.

Idiocracy and its designees have the right, but not the obligation, to edit, block, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination, without notice and for any reason whatsoever.  If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by “flagging” it or reporting it via the in-game support system.

By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable.  You understand and agree that we will not be responsible or liable for any User Content, including but not limited to errors in any User Generated Content or any damage or loss incurred by use of the User Generated Content or for any failure to or delay in removing User Content.

We do not assume any responsibility or liability for Content that is generated by users of the Services.  You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.

You acknowledge and agree that we may use built-in tracking features to obtain information regarding your use of the Service and individual game and that such information is deemed to be Content for all purposes under these Terms.

 

8. Communication Channels and User Generated Content

The Services contain user-generated content and may also contain message boards, personal web pages or profiles, forums or other interactive features (collectively, “Interactive Services” or “Communication Channels”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Services.

We claim no intellectual property rights over the User Content.  Your profile and materials uploaded remain yours.  However, by setting your pages to be viewed publicly, you agree to allow others to view, comment, edit and branch your Content, and you grant us the right to use, copy, distribute and disclose to third parties any such material for any purpose.  You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the Company and its affiliates the license granted above.  You represent and warrant that all of your User Content does and will comply with these Terms of Service, and you agree to defend, indemnify and hold harmless Idiocracy and its affiliates and licensors for any breach of that representation and warranty.

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  Any content and/or opinions uploaded, expressed or submitted to the Services, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

In particular, User Content is not intended to be legal advice or form an attorney-client relationship between the users, or between the users and the Company.  Use of the Service should never be understood to be replacing the use of a qualified attorney, and our relationship to all documents and transactions completed using the Service is that of a trusted, disinterested technology platform.

You agree that all your communications within the Communication Channels are public, and 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 others.

 

9. Copyright Infringement

If you believe that any User Content violates your copyright, please email us at contact@idiocracy.co.kr for instructions on sending us a notice of copyright infringement.  It is the policy of the Company to terminate the user accounts of repeat infringers.

 

10. Termination

We may suspend or terminate, at any time, your Account and/or access to the Services through your Account for an indefinite period of time, for any reason, and/or terminate this Agreement immediately and without notice if you breach these Terms of Service or any terms of service or privacy policy of any third-party platform (such as Facebook or mobile platforms) or if we, in our sole discretion, believe you to have willfully infringed upon any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide us, or upon gameplay, chat or any user activity whatsoever which is, in our sole discretion, inappropriate, an abuse and/or violation of the spirit of Idiocracy and other Services.

In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by us, you will not be entitled to any refund nor will any credits or in-game items (e.g., points in an online game) 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 (such as points or in-game items).  If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.

In addition to the foregoing, we may selectively remove, revoke or garnishee Benefits associated with your account.  “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements.  If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service.

Idiocracy reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated.  In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You acknowledge that Idiocracy is not required to provide you notice before suspending or terminating your Account or selectively revoking, removing or garnisheeing Benefits associated with your Account.  Upon termination of your Account, you may not participate or use any of the Services again without our express permission.  We reserve the right to refuse to keep Accounts for and provide access to the Service or other services to any individual.  You may not allow individuals whose accounts have been terminated by us to use your account.  If you believe that any action has been taken against your account in error, please email us via contact@idiocracy.co.kr.

 

11. Service As-Is

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. IDIOCRACY, INC DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Your access and use of the Services is at your own risk.  We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, gameplay, items or characters from delays, non-deliveries, errors, system downtime, misdeliveries or service interruptions caused by us, or by your or by any other user’s errors and/or omissions.

 

12. Disclaimer of Warranty

We make no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:

(i) Errors, mistakes, or inaccuracies relating to content;

(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;

(iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

(iv) Any interruption or cessation of transmission to or from the Service;

(v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or

(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

 

13. Limitation of Liability

Idiocracy, its directors, officers, agents, contractors, partners, and employees shall not be liable to you for any direct, indirect, incidental, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of these damages.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  You specifically acknowledge that we shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Additionally, you agree to indemnify and hold us, and each of our directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with

(i) Your use of and access to the Service;

(ii) Your violation of any term of this Agreement;

(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;

(iv) Any claim that a user submission made by you has caused damage to a third party; or;

(v) Any User Content you post or share on or through the Service.

 

14. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages.  Accordingly, some of the above disclaimers and limitations may not apply to you.

 

15. Indemnification

You agree to indemnify, defend and hold Idiocracy harmless from and against any claim, liability, loss, injury, damage, costs, or expense, including reasonable attorney’s fees, asserted by any third party resulting from or arising out of your use of the Service, your violation of these Terms or any content posted, transmitted or provided by you on your behalf.

 

16. Waiver and Severability

The failure of Idiocracy to require or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

You and Idiocracy agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

 

17. Injunctive Relief

You acknowledge that the rights granted and obligations made under these Terms of Service to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm Idiocracy and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive relief (without the obligations of posting any bond or surety or proof of damage) in the event of any breach or anticipatory breach by you.

 

18. Dispute resolution and Controlling Law

If a dispute arises between you and Idiocracy, we strongly encourage you to first contact us directly to seek a resolution by going to our Help Center at http://apps.facebook.com/pirateswar/?action=helpdesk.

The Terms of Service govern all use of Idiocracy’s services and they were constructed in accordance with the laws of the Republic of Korea.  You and Idiocracy hereby agree that any and all claims, disputes, causes of action arising from or relating to these Terms of Service, the Privacy Policy or the relationship between you and Idiocracy shall be brought solely to the Seoul Central District Court in the Republic of Korea.

We strongly encourage you to contact our customer support team and seek a resolution before taking action if you have any claims out of the Terms of Service or the Privacy Policy.  If 30 calendar days have passed since the date of occurrence of the first contact, either party may refer to such a dispute to the Korean Commercial Arbitration Board in accordance with its Arbitration Rules.  The arbitration is to be conducted before a single arbitrator whom the parties jointly agree upon.  If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.

 

19. Other Jurisdictions

The information provided on this Agreement is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

 

20. Changes to the Terms of Service and Supplemental Policies

We reserve the right to modify and amend the Terms at any time and without notice.  It is your responsibility to review these Terms of Service for any changes.  Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised Terms.  If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services.  It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.

Idiocracy may publish additional policies related to specific services such as forums, contests or loyalty programs.  Your right to use such services is subject to those specific policies and these Terms of Service.

 

21. Updates to the Service

You understand that the Service is an evolving one.  It may be necessary that you accept updates to Idiocracy’s games you have installed on your computer or mobile devices in order to keep using the Service. You acknowledge and agree that Idiocracy may update the Service and games, with or without notifying you.  You may also be required to update third-party software from time to time in order to receive the Service and play our games.

 

22. Third-Party Advertising

Our Service and our games may feature advertisements from us or other companies.  Please read our Privacy Policy, which explains what information we share with advertisers.

Sometimes we provide links in our games or on the Service to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some features of the Service or upgrade (such as in-game currency) in exchange.  Any charges or obligations you take on in dealing with these other companies are your responsibility.

We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from Our Service or games.  Also, just because we allow a link to be included in our games or Service does not mean we endorse the linked site.  We are not liable for any claim relating to any content, goods and/or services of third parties.

Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you.  When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content.  We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you.  Your relationship with that other company will control how it can use, store, and share your information.

 

23. Entire Agreement

These Terms of Service, and Supplemental Policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

The Service is operated and provided by us.  If you have any questions about these Terms, please contact us at the Help Center (http://apps.facebook.com/pirateswar/?action=helpdesk) or via the following e-mail address: contact@idiocracy.co.kr

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