Terms of Service EN

1. About these terms

These terms apply to your download, access and/or use of HW Studio’s games, whether on your computer, on a mobile device or any other website, device or platform (each a "Game" and together the "Games"). These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.

If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.

These terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, Amazon App Store or Windows Phone Store), on any website or platform where you can play our Games. You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy.

For use of our Services, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.

2. Your Right to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right 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:

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 (such as Paypal) by minors.

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 HW Studio, or previously been banned from playing any HW Studio’s games.

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.

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 HW Studio 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.

HW Studio 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.

Use Limitations

Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that HW Studio deems to be in conflict with the spirit or intent of the Service or make improper use of HW Studio's support services.

Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any HW Studio game or any HW Studio game experience.

Modify or cause to be modified any files that are a part of the Service or any HW Studio game without HW Studio's 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 HW Studio's 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 used to offer or support the Service or any HW Studio 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 or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by HW Studio, 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 HW Studio employees, including HW Studio's 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 HW Studio 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 HW Studio game, or to obtain any information from the Service or any HW Studio game using any method not expressly permitted by HW Studio.

Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any HW Studio 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.

Use any HW Studio game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.

HW Studio 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. HW Studio 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.

3. Suspension and Termination of Account and Service

HW Studio 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 right to use the Service or a part thereof will be automatically terminated. In such event, HW Studio shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

4. Virtual Goods and Virtual Money

Our Games may include virtual currencies such as gold (“Virtual Money"), items or services for use with our Games (“Virtual Goods") or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”). To benefit from or use the Virtual Money and/or Virtual Goods in our Games you may first have to reach a certain level or progress to a certain point. You agree that once purchased Virtual Money, Virtual Goods and/or Subscriptions have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else.

You do not own Virtual Goods, Virtual Money and/or Subscriptions but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.

You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the Subscription period. Prices for all Virtual Money, Virtual Goods and Subscriptions exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. A "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.

If you do not connect your game play on a device to an account that is linked to your social network account, we will not be able to restore any Virtual Money or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:

any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase;

any risk of loss of Virtual Money that you receive from us without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers; and

any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.

The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected your game play on a device to an account that is linked to either your social network account. Accordingly, any risk of loss of this data is transferred to you in the case of Virtual Goods which you purchase from us, upon completion of the purchase at the time the Virtual Goods are credited or awarded to you.

If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.

We reserve the right to control, regulate, change or remove any Virtual Money, Virtual Goods and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.

We may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.

Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased may be subject to your platform provider's terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

If we suspend or terminate your account in accordance with these terms you may lose any Virtual Money, and Virtual Goods and/or active Subscriptions that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.

Subscriptions

Payment for a Subscription will be charged to your account at the point of purchase and for renewals will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.

5. User Content.

Our Services may include features by which users can submit or upload content to Services, including without limitation chat and messaging utilities and the ability to select profile names and names for certain In-Service Content, and any other information you submit during your use of the our services (collectively, “User Content”). If you create an account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your account for our services, your User Content includes any information or content provided to us by that Third Party Service. You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous, slanderous material, or material that violates any local, state, or federal law, rule, or regulation.

You retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to publish, reproduce, distribute, and otherwise use your User Content and any modifications thereto in connection with our services in any media now known or hereafter developed, at any time or times, without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the  author).

We do not endorse and we are not under any obligation to pre-screen any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring our services for inappropriate or illegal communications by other users. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with our services or with other users when you are using our services. You acknowledge and agree that you have no expectation of privacy in any User Content. We have the right to investigate violations of these Terms of Use or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

6. Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.

Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. 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.

You must not make use or 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.

7. Disclaimer of Warranties

WITHOUT LIMITING HW STUDIO'S LIABILITY SECTION 8 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. HW STUDIO 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.

8. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HW STUDIO 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 HW STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, HW STUDIO SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HW STUDIO 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 HW STUDIO DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HW STUDIO'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HW STUDIO 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 HW STUDIO OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HW STUDIO.

You agree to indemnify, defend and hold HW Studio (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.

9. Applicable Law.

You agree that these Terms of Use shall be deemed to have been made and executed in South Korea and that any dispute arising under the Terms of Use, as well as any other dispute or claim that may arise between you and us, shall be governed by and resolved in accordance with the laws of South Korea, without regard to conflict of law provisions or principals.

10. Severability

You and HW Studio agree that if any portion of these Terms of Service or of the HW Studio 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.

11. Waivers of our rights

Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

12. Third Party Promotions and Links.

Our Services may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively “Third Party Promotions “), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Service Content. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and we have no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.