1 About accessing and using our Services
1.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
1.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
1.3 There may also be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
1.4 Paying for items on our Services The charge for any individual item you can purchase via our Services shall be as stated on our Services at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Services. We accept payment via our payment processing partners by credit card, debit card, and Paypal only(Payment method may vary between user’s country). Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase.
2 Accounts 2.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret. 2.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. 2.3 In these terms, references to “log in details" or “account" include your log in details and account for any social network or platform that you may allow our Services to interact with. 2.4 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result. 2.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise. 2.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Currency and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same. 2.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Currency or Virtual Goods associated with your account). 2.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
3 Virtual Currency and Goods 3.1 Our Games may include virtual currencies such as golds and jewels (“Virtual Currency") or items or services for use with our Games such as Music points (“Virtual Goods"). If you are over 18 years old you may be able to buy Virtual Goods or Virtual Currency. You agree that once purchased Virtual Currency and Virtual Goods have no monetary value and can never be exchanged for real currency, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Currency and/or Virtual Goods only from us, and not from any third party. You agree that Virtual Currency and Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Currency or Virtual Goods to anyone else. 3.2 You do not own Virtual Goods or Virtual Currency but instead you purchase a limited personal revocable license to use them - any balance of Virtual Goods or Virtual Currency does not reflect any stored value. 3.3 You agree that all sales by us to you of Virtual Currency and Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods or Virtual Currency from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Currency to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 3.3, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods or Virtual Currency are successfully credited to your account on our servers. 3.4 If you do not connect your game play on a device to an account that is linked to either your social network account or otherwise linked to your personally identifiable information, we will not be able to restore any purchases to a different device if you lose that device or it is damaged. Accordingly, any risk of loss of Virtual Goods or Virtual Currency on a device which is not connected in this way is transferred to you upon completion of the purchase as described in paragraph 3.3 above. 3.5 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. 3.6 We reserve the right to control, regulate, change or remove any Virtual Currency or Virtual Goods without any liability to you. 3.7 We may revise the pricing for Virtual Goods and Virtual Currency offered through the Services at any time. We may limit the total amount of Virtual Goods or Virtual Currency that may be purchased at any one time, and/or limit the total amount of Virtual Currency or Virtual Goods that may be held in your account in the aggregate. You are only allowed to purchase Virtual Currency and Virtual Goods from us or our authorized partners through the Services, and not in any other way. 3.8 Depending on your platform, any Virtual Goods or Virtual Currency purchased will be purchased from your platform provider and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game. 3.9 Without limiting paragraph 3.4, if we suspend or terminate your account in accordance with these terms you will lose any Virtual Currency and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
4 User conduct and content 4.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services. 4.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times. 4.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content"). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services. 4.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
• that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; • that is or could reasonably be viewed as invasive of another's privacy; • that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; • which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); • which infringes any intellectual property right or other proprietary right of others; • which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or • which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 4.5 You agree that you will not:
• use our Services to harm anyone or to cause offence to or harass any person; • create more than one account per platform to access our Services; • use another person or entity’s email address in order to sign up to use our Services; • use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services); • disguise, anonymize or hide your IP address or the source of any Content that you may upload; • use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; • remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services; • interfere with or disrupt our Services or servers or networks that provide our Services; • attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us; • 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or ' passive collection mechanisms '.) • sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods; • disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges; • disobey any requirements or regulations of any network connected to our Services; • use our Services in violation of any applicable law or regulation; • use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or • use our Services in any other way not permitted by these terms.
If you are concerned that someone else is not complying with any part of these terms, please contact us here: firstname.lastname@example.org. 4.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services. 4.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so. 4.8 You are solely responsible for your interactions with other users of our Services.
5 Playing our Games with other users 5.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to: 5.1.1 choose to play against another user or to play socially with another user whom Superb selects for you, or 5.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by phone number) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again. 5.2 Where Superb selects another user 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, your location or level you have reached in the Game). 5.3 By accessing and/or playing those of our Games which allow you to play against an opponent or to play socially with others, 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 already know your email address themselves in order to search for you.
6 Your breach of these terms 6.1 We reserve the right to suspend or terminate your access to our Services immediately without notice (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 3.1, 3.7, 4.4 or 4.5 are likely to be considered material breaches. 6.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
7 The Services Availability 7.1 We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
8 Limitation of Liability 8.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded. 8.2 We are not responsible for:
• losses or harm not caused by our breach of these terms or negligence; • losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss; • any damage that may be caused to any device on which you access or use any of our Games or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services; • any increase in loss or damage resulting from breach by you of any of these terms and conditions; or • technical failures or the lack of availability of any of our Services where these are not within our reasonable control. 8.3 For any losses or harm (other than those mentioned in paragraph 8.1 and subject to paragraph 8.2) in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 days period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions. 8.4 Subject to paragraph 8.5 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services. 8.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.
9 Intellectual Property 9.1 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. Derivative work from public domain( Such as “Composer portrait and songs”) is also owned by us. 9.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license 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. 9.3 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 CURRENCY 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. 9.4 In particular, and without limiting the application of paragraph 9.3, 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 Currency and/or Virtual Goods, whether on a free of charge basis or otherwise. 9.5 By submitting Content (as defined in paragraph 4.3) via our Services you:
• are representing that you are fully entitled to do so; • grant us and our group companies the right to edit, adapt, publish and use your entry 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; • 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. You agree to waive any such moral rights you may have in the Content; and • 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. 9.6 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. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to email@example.com
• a description of the intellectual property rights and an explanation as to how they have been infringed; • a description of where the infringing material is located; • your address, phone number and email address; • 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.
11 Transferring these terms 11.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
12 Entire Agreement. 12.1 This Agreement (including all terms and conditions incorporated herein by reference) constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.
14 Severability 14.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
15 Waivers of our rights 15.1 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.
16 Governing Law. 16. 1 You understand that the Service is being provided from the Republic of Korea. This Agreement shall be construed in accordance with the laws of the Republic of Korea, conflict of laws principles excluded, and the parties irrevocably consent to bring any action to enforce this Agreement in the courts located in Seoul, Korea. You consent to the exclusive jurisdiction of the courts located in Seoul, Korea. If either we or you employ any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
17 No Third-Party Beneficiaries. 17.1 This Agreement is between you and Superb corp. There are no third-party beneficiaries.
18 Questions about the terms 18. If you have any questions about these terms and agreements, or our Services you may contact us by email at firstname.lastname@example.org
6. YOUR CHOICES ABOUT YOUR INFORMATION: You may, of course, decline to submit personally identifiable information through the Service, in which case we may not be able to provide certain services to you. You can manage or control the information we receive from a Social Networking Site by following the instructions provided by that Social Networking Site. You may update or correct your account information and email preferences at any time by contacting us at email@example.com. You can review and correct the information about you that we keep on file by adjusting the settings within the Service. You can stop our use of your geo-location information or push notifications by adjusting your settings within the Service. You may change your privacy settings on the Service through the features provided through the Service and/or the applicable Social Networking Site or by sending an email to firstname.lastname@example.org. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information. If you no longer want us to use your information, you may contact our help desk at email@example.com and request that we deactivate your account or delete your information. However, certain information, including customer service information, may be retained for our legal and accounting purposes. In addition, we may retain and continue to use indefinitely all information contained in your communications to other users or posted to areas of the Service that are visible to the public, or that are visible to other users of the Service, after termination or deactivation of your user account. 7. CHILDREN’S PRIVACY: Children under the age of 13 are not permitted to use the Service, and we do not knowingly collect personal information from children under 13 years of age. If you believe that we may have any information from or about a child under the age of 13, please contact us at firstname.lastname@example.org.