Terms OF Service
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
THESE TERMS CREATE A LEGALLY BINDING AGREEMENT between you ("User" or "you") and IDIOCRACY, INC in relation to the Services.
If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
1. Accessing and Using Our Services
1-1. Limited License
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant IDIOCRACY, INC policies, IDIOCRACY, INC grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
1-1-1. You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
1-1-2. You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by IDIOCRACY, INC, or previously been banned from playing any IDIOCRACY, INC game.
1-1-3. You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
1-2. Revocation of Limited License Change of Services
We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Money or Virtual Goods (as defined below), without any liability to you.
YOU UNDERSTAND AND AGREE THAT YOU WILL NOT BE COMPENSATED UNDER ANY CIRCUMSTANCES FOR ANY VIRTUAL MONEY, VIRTUAL GOODS, ANYTHING ELSE ASSOCIATED WITH YOUR ACCOUNT, OR FOR ANY OTHER REASON WHATSOEVER, REGARDLESS OF WHETHER YOU ARE BARRED FROM ACCESS TO THEM AS A RESULT OF REVOCATION OF THE LIMITED LICENSE OR CHANGE OF OUR SERVICES.
In addition, we reserve the right to change all or part of our Services without any liability to you, at any time without any prior notice to you. Without limiting the generality of our rights reserved in the foregoing, we may modify our Services: (a) for technical reasons (such as technical difficulties experienced by us or on the internet); (b) to allow us to improve user experience; (c) where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services); (d) because it no longer makes business sense for us to provide the relevant Service; or (e) because we have altered the Services we provide.
1-3. System Outage
There may also be times when our Services or any part thereof are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. You agree that IDIOCRACY, INC has no responsibility and is not liable for unavailability of the Services or any part thereof, any loss of materials, data, transactions or any other information or materials caused by such system outages, or other losses whatsoever resulting from such system outage.
1-4. Game Rules
The specific game rules, scoring rules, controls and guidelines for each Services can be found within the Service itself. Such rules, scoring rules, controls and guidelines form part of the Terms of Service and you agree that you shall comply with them in respect of each individual Service which you choose to access and/or play.
1-5. Third Party Charges
You are responsible for the internet connection and/or mobile charges that you may incur for playing the Games or using the Services. You should ask your mobile operator if you are unsure what these charges will be, before you play or use the Services. In addition, we are not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions in relation to the use of the Services.
1-6. Equipment/ Internet
You are also responsible for obtaining and maintaining computer hardware, mobile phone device, communication device, equipment, operating system, data connection and services necessary for using the Service under your own responsibility and at your own expense.
2. Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify IDIOCRACY, INC and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
IDIOCRACY, INC reserves 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.
2-1. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that IDIOCRACY, INC deems to be in conflict with the spirit or intent of the Service or make improper use of IDIOCRACY, INC support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any IDIOCRACY, INC game or any IDIOCRACY, INC game experience.
- Modify or cause to be modified any files that are a part of the Service or any IDIOCRACY, INC game without IDIOCRACY, INC express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing IDIOCRACY, INC games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any IDIOCRACY, INC game environment.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by IDIOCRACY, INC, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including IDIOCRACY, INC employees, including IDIOCRACY, INC customer service representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a IDIOCRACY, INC employee.
- 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 any IDIOCRACY, INC game, or to obtain any information from the Service or any IDIOCRACY, INC game using any method not expressly permitted by IDIOCRACY, INC.
- Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any IDIOCRACY, INC game.
- Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
IDIOCRACY, INC reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. IDIOCRACY, INC reserves 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.
2-2. Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, IDIOCRACY, INC MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR IDIOCRACY, INC SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND IDIOCRACY, INC IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF IDIOCRACY, INC.
2-2-1. Guest Account
If you use the Services without creating a IDIOCRACY, INC account, we will create and assign to your device an identifier that is similar to an account number ("Guest Accounts")
PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORTS OR MAY NOT USE VIRTUAL MONEY OR VIRTUAL GOODS FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITHOUT CREATING A IDIOCRACY, INC ACCOUNT.
2-2-2. SNS Account
You may allow our Services to interact with a third party social network or platform, which will provide data about you to us. If you choose to connect to one of our Websites or Applications through a third-party social network such as Facebook or Game Center (for iOS devices), we may collect personal Information from your profile on such third-party social networks, such as your name, username, and photograph.You should ensure that you read their terms of service and privacy policies to understand how they treat your data and what data they might share with us.
2-2-3. Responsibility of Account User
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS CONFIDENTIAL AND ALL USES OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOGIN DETAILS, WHETHER NOT AUTHORIZED BY YOU. You may not use anyone else's account or permit others to use your account at any time. You acknowledge and agree to accept full responsibility for all fees and purchases made through your account (including any unauthorized purchases) and agree to fully compensate us for any loss or harm that may result. IDIOCRACY, INC will not be responsible to you for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise.
2-2-4. Termination of Inactive Account
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 180 days. In such event, you will no longer be able to access and/or use the Services using the terminated account. Any Virtual Money and/or Virtual Goods associated with the terminated account will also be deleted, and no refund will be offered to you merchandise such Virtual Money or Virtual Goods deleted.
2-2-5. Effect of Account Termination
You understand that if you delete your account, or if we terminate and/or delete your account in accordance with the Terms of Service, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).
3. Virtual Items
3-1. You have no other rights, title or ownership with respect to Virtual Money or Virtual Goods.
IDIOCRACY, INC owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in IDIOCRACY, INC games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any IDIOCRACY, INC game, whether earned in a game or purchased from IDIOCRACY, INC, or any other attributes associated with an Account or stored on the Service.
3-2. Virtual Money or Virtual Goods
Our Services may include fictional currencies such as coins, gold coins and points ("Virtual Money") and virtual items or services for use with our Services ("Virtual Goods"). You can buy Virtual Money from us for real money if you are a legal adult in your country of residence. If you are a legal adult in your country of residence, you may also be able to buy Virtual Goods for real money and/or other credits. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third party store used by us, and not from any third party. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, in our sole discretion.
3-3. Cash value
You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services - any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE.
3-4. license to use Virtual Goods or Virtual is Money
You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our Services begins and completes promptly, and therefore your right of withdrawal is lost at this point.
3-5. Right for Virtual items
We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you.
3-6. Virtual items in the “real world”
We prohibit and do not recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
3-7. Purchase via platforms
We may offer various subscription plans for Games, purchasing of virtual items or virtual currencies via various platforms, such as Apple or Google.
- Your payment shall be made in accordance with the payment policy of the platform of your use. You may change the payment methods.
- Information regarding service or items you are purchasing, payment plan (including yearly or monthly plans), subscription period, expiration date, and subscription cancellation will be provided to you prior to making your payment.
- Information regarding renewal of your subscription will be provided to you 24 hours before the end of your subscription period, and shall be automatically renewed unless you expressly cancel the renewal. Please be advised that the renewal fee will be automatically charged to you upon renewal of subscription period.
- You are able to cancel the auto renewal via your account management feature of your platform of use.
- You shall remain responsible and liable for any and all purchases and pre-orders you have made during the subscription period, even if you cancel your subscription.
All title, ownership, and intellectual property rights in and to the Product (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Activision and/or Activision's licensor(s). The Product is licensed, not sold, for your use. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights in the Product.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THIS AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY PRODUCT OR SERVICE PROVIDED CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PRODUCTS AND SERVICE PROVIDED CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ACTIVISION AND ITS LICENSORS.
You agree that all Products and Third Party Materials contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use. No portion of the Products or Third Party Materials may be reproduced in any form or by any means other than as permitted under applicable license.
5. User Content
5-1. Submission of User Content
5-2. Content Screening
IDIOCRACY, INC assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
IDIOCRACY, INC reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time IDIOCRACY, INC chooses, in its sole discretion, to monitor the Service, IDIOCRACY, INC nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
6. Information Use by Other Members of the Service
6-1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. IDIOCRACY, INC cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. IDIOCRACY, INC shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
6-2. Responsible For Your Own Content
Some of our Services allow you to compete with or against another User. You may be able to choose to (i) play against another User whom we select for you, or (ii) play against one of your contacts from a social network (such as Facebook) or other third party platform that you have allowed our Services to access and interact with. Some of the Services may also allow you to search for your friends (for example, by your friend's email address). We may also display the display names of your past opponents so that you can easily find them to play again.
6-3. Your License to IDIOCRACY, INC
You hereby grant to IDIOCRACY, INC an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to IDIOCRACY, INC the right to authorize others to exercise any of the rights granted to IDIOCRACY, INC under these Terms of Service. You further hereby grant to IDIOCRACY, INC the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. IDIOCRACY, INC does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. IDIOCRACY, INC has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
6-4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or IDIOCRACY, INC games. IDIOCRACY, INC reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with IDIOCRACY, INC to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting IDIOCRACY, INC access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
6-4-1. Some of our Services allow you to compete with or against another User. You may be able to choose to (i) play against another User whom we select for you, or (ii) play against one of your contacts from a social network (such as Facebook) or other third party platform that you have allowed our Services to access and interact with. Some of the Services may also allow you to search for your friends (for example, by your friend's email address). We may also display the display names of your past opponents so that you can easily find them to play again.
6-4-2. When we select an opponent for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or level you have reached in the Service).
6-4-3. By accessing and/or using our Services which allow you to use against an opponent, you agree to your display name, scores, and other related details being displayed to other Users. You also understand and agree that other Users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another User must know your email address themselves in order to search for you.
6-4-4. You will be able to connect your third party platform accounts to our community services in accordance with IDIOCRACY, INC Policy, as we desire to promote friendship among Users of our Services by allowing Users to interact and transfer information freely with others. Our community services may be interlinked with third party platforms as you register your third party platform account as an account for our community services, and therefore, our community services may not be normally provided if you no longer qualify for such third party platform service or withdraw from such platform. IDIOCRACY, INC Policy may include rules for managing our community services that govern your activity in connection to our community services, support rights of Users and/or others and enhance sound culture for the community services we provide.
IDIOCRACY, INC strongly encourages you not to disclose any personal information about yourself in your communications via the community services. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in submissions or for any results obtained from the use of any such statements or information. Under no circumstances will IDIOCRACY, INC or its affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the submissions or on any information or materials obtained through the Websites, Services, or any third party platform. We have no obligation to monitor the Websites, Services, any third party platform, or the community services, or any submissions or other materials that you or other third persons or parties transmit or post on the Websites, in the Services, on any third party platform, or in the community services.
7-1. We reserve the right to suspend or terminate your access to our Services (including by deleting your account) and revoke your limited license granted herein, with or without prior notice to you, at any time for any reason or for no reason. In such event, IDIOCRACY, INC is not required to provide refunds, benefits or other compensation to Users in connection with such discontinued elements of the Services.
7-2. Without limiting the generality of Section 7-1, if we believe that you are in material breach of the Terms of Service (including by repeated minor breaches), we may terminate and delete your account without warning. We may also terminate or suspend your account for any other reason that we in our sole discretion determine appropriate. For the purposes herein, any breach of Sections 2-1 shall be deemed to constitute material breaches of the Terms of Service subject to immediate termination of your account and access to our Services.
7-3. You agree to compensate us for all losses, harm, claims and expenses that may arise from any of your breaches of the Terms of Service.
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.
9. Disclaimer and Release
WITHOUT LIMITING IDIOCRACY, INC'S LIABILITY UNDER SECTION 7 BELOW, 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. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
10. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDIOCRACY, INC SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, 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 OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IDIOCRACY, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IDIOCRACY, INC SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO IDIOCRACY, INC IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO IDIOCRACY, INC DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND IDIOCRACY, INC'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH IDIOCRACY, INC IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF IDIOCRACY, INC OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF IDIOCRACY, INC.
You agree to indemnify, defend and hold IDIOCRACY, INC (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU IN THE 100 DAY PERIOD ENDING ON THE DATE OF YOUR CLAIM.
10-1. Member Disputes
You are solely responsible for your interactions with other Users of the Services. We may, at its sole discretion, attempt to mediate disputes between Users. We are not responsible and expressly disclaim any liability for any transactions administered by a third party payment service provider and/or store.
11. Intellectual property
11-1. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by Users) is owned by or licensed to us.
11-2. All pages within the Websites and any material made available through Services are the property of IDIOCRACY, INC and/or its affiliates. The Websites and the Services are protected by federal and international copyright and trademark laws. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing. All rights not expressly granted by the Terms of Service are reserved by IDIOCRACY, INC.
11-3. In particular, and without limiting the application of paragraph 11-2, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
11-4. The trademarks, trade names, trade dress, logos, and service marks displayed in the Services or any third party platform, including but not limited to " "회사 홈페이지" are the registered and/or unregistered trademarks of IDIOCRACY, INC. All other trademarks, service marks and logs used in the Services are the trademarks, service marks or logos of their respective owners
11-5. By submitting Content via our Services you: (a) are representing that you are fully entitled to do so; (b) grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, edit, adapt, modify, host, store, publish, create derivative works of, publicly perform, display, market, advertise and sell your Content and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; (c) acknowledge that you may have what are known as "moral rights" in the Content (for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment), and agree to waive any such moral rights you may have in the Content; and (d) agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
11-6. You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other User of our Services.
11.7. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.
If you believe in good faith that materials hosted by us infringe your intellectual property rights, then please contact us by accessing the Customer Center in our Services and provide the following information:
11-7-1. a description of the intellectual property rights in reasonably sufficient details and an explanation as to how they have been infringed;
11-7-2. a description of the infringing material and where the infringing material is located;
11-7-3. your address, phone number and email address at which we can contact you;
11-7-4. a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
The notice of your claim may also be submitted in writing to our designated agent as follows:
A-928 Indeogwon IT Valley, 40, Imi-ro, Uiwang-si, Gyeonggi-do, Republic of Korea, 16006
12-3. You acknowledge that the Websites and Services may not be private or secure, and we may no guarantees whatsoever. You are responsible for taking necessary and appropriate precautions and security measures bested suited for your use of the Services.
We may provide links to third party websites or services within our Services solely as a convenience to you. You understand that we do not control any contents, goods or services by such third party. We do not make any representations or warranties whatsoever about any other website that you may access through our Services, and we do not endorse the same. Access and use of the linked site or services is solely at your own risk and responsibility, and you acknowledge and agree that we are not responsible or liable to you, directly or indirectly, for any losses or harm caused by your use of the linked website or services, and any contents, information, advertisement, or other links therein.
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefore. However, we may transfer or assign all or a part of our rights or responsibilities under the Terms of Service to someone else without obtaining your consent and without any restriction.
16. Non-excluded liabilities
Notwithstanding Section 9 and 10, nothing in the Terms of Service limits our liability for fraud, willful injury or
violation of law, or any other liability which may not by law be excluded.
You agree to indemnify, defend and hold harmless IDIOCRACY, INC, its officers, directors, affiliates, parents, subsidiaries, partners, employees, consultants, representatives, and agent from and against any and all liabilities, claims, losses, damages, expenses, and costs (including reasonable attorneys' fees and court costs) that may arise from any breach by you of the Terms of Service, your access to and use of the Services.
18. Entire agreement
20. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by IDIOCRACY, INC shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of IDIOCRACY, INC.
21. Dispute Resolution and Law
If you have any claim arising out of the Terms of Service 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 to 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.
22. Governing Law
The Terms of Service are governed by and construed in accordance with the laws of the Republic of Korea without regard to its conflict of law provisions. You and IDIOCRACY, INC hereby agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of the Service or the relationship between you and IDIOCRACY, INC, shall be brought exclusively to the Seoul Central District Court in the Republic of Korea.
23. Supplemental Policies
IDIOCRACY, INC 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.
24. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to IDIOCRACY, INC are of a unique and irreplaceable nature, the loss of which shall irreparably harm IDIOCRACY, INC and which cannot be replaced by monetary damages alone so that IDIOCRACY, INC shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any IDIOCRACY, INC game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 10 (if any).
25. Force Majeure
IDIOCRACY, INC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of IDIOCRACY, INC, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond IDIOCRACY, INC's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
26. Questions about the Terms of Service
If you have any questions about the Terms of Service or our Services, you may contact us via customer center provided within the Services, or at: ''