END USER LICENSE AGREEMENT AND TERMS OF SERVICE
Terms of Service (the “Terms”) are an agreement between you and CWave Inc. and its affiliate (“CWave", the “Companies”, “we”, “our”, or “us”). The Policy regarding the rights and obligations of the users and Company which you acknowledge, agree to and consent to by using the Applications.
When using the Applications, you shall be subject to any Posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms. We may also offer other Applications, games or websites that are governed by different terms.
You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are 18 years of age or older. If you are under 18 years of age, you may only use the Applications under the supervision of your parent or legal guardian. Your parent or legal guardian must first review and agree to these Terms. If you are under 13 years of age, please do not submit any Personal Information to us, as stated in our Privacy Policy.
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
Index of Contents
1. Definitions
2. Modifications of Our Terms of Service
3. Preconditions to these Terms
4. Our Services
5. Privacy Policy
6. Content Posted and Advertising by Company
7. Content Posted by Users
8. Purchasing Contents
9. Social Networking Features and Game Forums
10. Changes and Stop the Service
11. The Company’s Obligations
12. Possession and Use of Intellectual Property Restrictions
13. Disclaimers
14. Limitation of Liability
15. Responsible department of Company
16. Notice For Parents
17. Notice for California Users
1. Definitions
Some terms used herein are defined by following definitions.
1.1 “Users”: “Users” or “You”, the person who uses full services which operated by CWave Inc., including membership and non-membership users.
1.2 “Contents”: All network services, applications, game materials, virtual currency and game contents which are related to the contents of any services designed digitally.
1.3 “Devices”: Such PC, mobile phone, smartphone, PDA, tablet, portable game consoles which are available for using by install or download contents.
1.4 “Network Services”: “Network Services” refers to Ranking, upload posts, purchasing virtual currency and game items, using network games by which connecting Internet Access.
2. Modifications of Our Terms of Service
2.1 These Terms may be amended by us from time to time at our sole discretion. Please periodically review the controlling version of these Terms. By continuing to use the Applications subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.
2.2 Company can change these Terms in necessary. If the agreement is changed, the notice allow you to check Terms of its application seven days before, when you connected to network access. The revised Terms will take effect from the date of the notice or notices apply.
2.3 Users have the right to refuse to accept the changes. You have objections against this agreement changes and stop the service, you can cancel the contract (cancellation). If you continue to use the service after changed Terms, it apply to your agreement to the revised terms.
3. Preconditions to these Terms
The grant of license as set forth in these Terms is specifically conditioned upon the following:
3.1 You have accepted all of the obligations contained in these Terms, and any additional requirements, rules, or obligations, as may be applicable to the Application(s) you are using, which is evidenced by your use of the Application(s);
3.2 You will comply with all of the Terms until such time as you have completed and permanently terminated your use of the Application(s) by deleting all aspects of the Application(s) from your machine (e.g., account deletion, deletion of Application-related files, destruction of the physical media on which the copy of the Application(s) in your possession exists, etc.);
3.3 You will use the Application(s) only on a single mobile entertainment device, for personal use only, running validly licensed copies of operating systems on which the Application was designed to operate;
3.4 You will refrain from using any hacks, cracks, bots, or third party software which may modify, temporarily or permanently, the code or the user experience of the Application(s), whether on your local device or on servers which enable use of any features of the Application(s).
4. Our Services
4.1 We provide users with access to interactive software products that, among other things, enable multiplayer gaming experiences on mobile devices. The Applications may be made available to you directly, or through third party services, such as iTunes and Google Play. These third party services may require you to download and install software and create an account before downloading the Applications. In addition, you may be required to register an account with CWave Inc. and sign into that account in order to access some portions and features of the Applications. If you choose to create and utilize an account – whether with CWave Inc. or with a third party service – you are responsible for maintaining the confidentiality of the password and username, and you are fully and solely responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at support@cwave.net. If you interact with us or with third-party service providers, and in the course of that interaction you provide to us (or the applicable third party) information about you, including contact information, biographical information, and credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services.
When using our Applications, you hereby acknowledge that your device may connect to or utilize third party data networks, which may incur fees based on your use of those networks. If you have a third party network carrier linked to your device, that carrier’s normal rates and fees, such as text messaging and excess broadband fees will still apply. In the event you dispose of or transfer ownership of your mobile device, you agree to uninstall and delete the Applications before doing so.
5. Privacy Policy
5.1 By installing, accessing or using the CWave’s Services, you consent to these information collection and usage Terms, CWave respects your privacy rights and recognizes the importance of protecting any information collected about you. CWave's privacy policy as amended from time to time is available at ("Privacy Policy"). CWave’s Privacy Policy defines how, why and to which extent CWave collects and uses personal and non-personal information in relation to CWave's products and services. By installing, accessing or using the CWave Services you explicitly agree with the terms and conditions of CWave’s Privacy Policy and to any terms and conditions included therein by reference.
6. Content Posted and Advertising by Company
6.1 Although we will not share your Personal Information with third parties for the purpose of enabling third parties to send marketing materials to you about their products or the products of others, we may use third party advertisers to deliver advertising within the mobile environment.
(Refers to section 8 of our “PRIVACY POLICY”)
7. Content Posted by Users
7.1 You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.
7.2 By Posting any User Content to or through the Application(s), you grant us a royalty-free, irrevocable, transferrable, sub licensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to copy, modify, distribute, display, broadcast, perform, make derivative works from, use and otherwise exploit any and all such User Content for any purpose whatsoever, including without limitation any commercial, advertising, or promotional uses, and to license third parties to do the same. You also waive to the full extent permitted by law any and all claims against us related to moral rights in User Content. In no circumstances will we be liable for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you Post.
7.3 If any of the User Content that you Post to or through the Applications contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).
8. Purchasing Contents
8.1 Virtual Currency
While playing our games, you may have the opportunity to visit online and in-game stores and use online "cash" to license a variety of virtual items that can be used while playing various games. You may be required to provide us or another payment service designated by us (e.g., PayPal) with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). For each "real world" U.S. Dollar or unit of other currency that you authorize us to charge to your credit card, you will be awarded a designated amount of virtual currency; provided, however, that we reserve the right in our sole discretion at any time to change the number of units you will be entitled to for each "real world" U.S. Dollar or unit of other currency. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR ANOTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THESE TERMS AND/OR THE DISCONTINUATION OF THE SERVICE. You may also be awarded points to use for virtual “shopping.” These points have no "real world" value, but may be exchanged by you for designated items. Certain items have an expiration date, while others have no expiration date. Each item that you obtain using virtual currency or points will be included in your account until the earlier of that item's expiration date, your account's expiration or termination date, or such date when the Application is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.
We have no liability for loss of your items from your account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. You understand that any credit card transaction-related information will be treated by us in the manner described herein and in our Privacy Policy, and, as applicable, in the manner described in the privacy policy of any third-party payment service that we choose to use. You agree that all information that you provide to us or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges incurred by you (or your child, if applicable) resulting from your use of the Applications at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse to provide you with any item. Verification of certain information applicable to a transaction involving an item may be required prior to our acceptance thereof. Price and availability of the items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in the Applications, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites (e.g., eBay, IGE), hack sites, private server sites, gold farming sites or in return for anything of value (including "real" money) or otherwise. You acknowledge that the virtual currency acquired through the Applications is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time.
8.2 Cancellation and Refund Purchase Price, etc.
Possible Contents: You can withdraw from the purchase offer within seven days.
Limited Cancellation Contents: To display a pop-up screen or limited to connecting the screen.
Buy Contents through Third-Party: Companies are able to refund directly for the convenience of the user and can be within the range set by the company, depending on your situation can help a refund of some amount.
CWave is committed to completing a full refund as fast as possible from the date of receiving the documents from the user.
9. Social Networking Features and Game Forums
While using the Applications, you may enable interactivity between the Applications and certain social networking services, such as Facebook, Google +, or Twitter. These services enable you and CWave Inc. to communicate with third parties. In addition, you may display the information generated from your participation in games on these social networks. You may also engage in Application forums for the purpose of communicating with other players about topics such as game strategy.
You understand that much of the information included in the social networking features and the forums is from other players who are not employed by or under the control of CWave Inc.. You further acknowledge that a large volume of information is available in the social networking features and the forums and that people participating in them occasionally Post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed by you or the other players. The opinions expressed reflect solely the opinion(s) of you and the other players and may not reflect our opinion(s). We are not responsible for any errors or omissions in Postings, for hyperlinks embedded in messages or for any results obtained from the use of the information. Under no circumstances will we be liable for any loss or damage caused by your reliance on such information. You should be aware that, when you disclose information about yourself using a social networking feature or a forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information, you do so at your own risk. We may, but have no obligation to, monitor the social networking features or the forums. You acknowledge and agree that we have the right (but not the obligation) to monitor, record and store your communications and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Applications properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.
10. Changes and Stop the Service
9.1 Company may change the Service offered to meet the needs of operational or technical. Users can be noticed the issues in advance when users available to access Network Services. However, if Company that is unavoidable circumstances such as critical issues occur (server equipment faults, urgent security issues), it cannot be notified in advance, can be notified after the fact. If Company need to stop the service by all of the games and operational planning or the Company’s dire situation, we can notice it on the website before 30 days and stop providing services. Users cannot claim compensation for service interruptions after the expiry of Paid Subscription or Pay-elapsed items. CWave is not liable for problems caused by changes and stop the service.
11. The Company’s Obligations
CWave is committed to provide continuous and reliable services and does not act contrary to morals or prohibited agreement. Also we are dedicated to provide the best Contents and Network Services. The obligations as set forth in these Terms is specifically conditioned upon the following:
10.1 Company does not leak/distribute to any other party without your consent personal information. However, the requirements of the relevant national authorities, such as by the Telecommunications Act and other related legislation relevant to include this provision shall not apply.
10.2 If feedback or complaint raised from user is reasonable, it will be processed immediately. However, if immediate treatment is difficult, users can be informed of the reasons and schedules by telephone or email which collected with the consent in advance.
12. Possession and Use of Intellectual Property Restrictions
11.1 CWave and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Applications, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
11.2 CWave owns and shall retain all right, title and interest, including, without limitation, all intellectual property rights, in and to the Applications, and any portions thereof. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with CWave ownership of and rights with respect to the Applications. You shall have only those rights in and to the Applications as are expressly granted to you under this Agreement.
11.3 All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a CWave game client, and the CWave game clients and server software) are owned by CWave. CWave reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
13. Disclaimers
◌ YOU USE THE APPLICATIONS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE APPLICATIONS AND GOODS OR SERVICES PURCHASED THROUGH THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APPLICATIONS.
◌ WE MAKE NO WARRANTY THAT (1) THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE APPLICATIONS’ RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (5) THE APPLICATIONS, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
◌ NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. Limitation of Liability
CWave is exempted from responsibility for the following such situations:
◌ Unable to provide service due to force majeure or similar natural disaster.
◌ Damage caused by the mobile carrier: stop Network Services or does not provide normally.
◌ The repair work known in advance (replacement, periodic inspection, construction, etc.), due to unavoidable reasons for a service stopped or disability.
◌ When users cannot get the revenue or you get loss from you expected.
◌ Users access the site by impersonating the service of the Company or APK problem caused by the modulation network access.
◌ The reliability of facts and information accuracy which has posted or transmitted in or on the Website services by users.
◌ The Company has no obligation to intervene in the service dispute occurred with each other via a third-party user or users will be liable to compensate the resulting damages.
◌ If Company need to stop the service by all of the games and operational planning or the Company’s dire situation, we can notice it on the website before 30 days and stop providing services. Users cannot claim compensation for service interruptions after the expiry of Paid Subscription or Pay-elapsed items.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH THESE TERMS OR ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
15. Responsible department of Company
CWave Inc. designates the following department and person in charge of personal information in order to protect personal information of customers and deal with complaints from customers:
• Department responsible for privacy protection and customer service:
Address: 8F, Samjeung Building, 20, Teheran-ro 20-gil, Seoul, Republic of Korea (06235)
E-mail: support@cwave.net
Business Registration Number: 120-87-99526
These Terms and the relationship between you and us shall be governed by the laws of the Republic of Korea. The competent court to hear any dispute arising out of or in connection with this agreement is determined in accordance with applicable law.
Regardless of any statute or law to the contrary, any claim or cause of action arising under or out of or related to your use of the Applications or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
16. Notice For Parents
Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of protections is available from the ESRB: http://www.esrb.org/about/news/downloads/ESRB_PTA_Brochure-web_version.pdf.
17. Notice for California Users
12.1 If the user resides in California, certain rights may be given. The Company prepares preventive measures necessary for protecting personal information of members so that the Company can comply with online privacy protection laws of California.
12.2 In case of leakage of personal information, a user may request the Company to check the leakage. In addition, all the users in the website of the Company, can modify their information at any time by using the menu for changing information by connecting their personal account.
12.3 Moreover, the Company does not trace the visitors of its website nor use any signals for 'tracing prevent'. The Company will not collect and provide any personal identification information through ad services without consent of users. If you have any questions regarding our practices, please contact us at support@cwave.net.
The latest update date: 2018.7.11
Effective Date: 2018.7.18
