These terms of service ("Terms", "Agreement") apply to your access and use of XLsoft Corporation ("XLsoft")'s games, websites and other services (the "Service"). Please read them carefully.
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service.
You agree you are over 13 years old. If you are between 13 and 18 years old, you need to review and agree by your legal guardian (like parents).
This Agreement sets forth the legally for your use of the Service that are made available via the Apple App Store, Google Play, Amazon Appstore, Facebook and/or any related services related to our games.
Also, if a term does not make sense to you, please let us know by e-mailing firstname.lastname@example.org.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Service at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Service or discontinue any use of the Service immediately.
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
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 Money or Virtual Goods associated with your account).
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.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
Our Games may include virtual currencies such as coin and gems ("Virtual Money") or items or services for use with our Games ("Virtuall Goods"). If you are over 18 years old you may be able to buy Virtual Goods or Virtual Money. You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods only from us, and not from any third party. You agree that Virtual Money and Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money or Virtual Goods to anyone else.
The balance of virtual goods or virtual currency does not contain real value. The user agrees that the sales of all virtual currencies and goods are final and that the company does not make refunds once the transactions are complete. When a user purchases virtual goods or currencies from the company, the delivery of goods will be carried out as soon as the purchase is complete and thus, the user agrees that they forfeit the right to withdraw and cancel since they have already received the benefits of the relevant virtual goods and/or currencies.
The company may manage, regulate, change or remove the contents of all virtual currencies or goods without being held liable by the user.
When the company stops or terminates the user's account without limits to its contents according to the Terms and Conditions of the compp any, the user will lose all of the virtual currencies and goods they hold and the company will not make a refund and compensate for the loss.
You can request for a purchase withdrawal if you have purchased any virtual goods or currencies in cash within the last 7 days and if they are completely unused. If you have purchased them within the last 7 days but have used up part of them, then you can no longer request for a purchase withdrawal.
Moreover, if you have received any additional virtual goods together with those purchased and part of such additional virtual goods have been used up, you are no longer able to request for a purchase withdrawal.
In addition, if you have received any virtual goods or currencies as a gift, you cannot request for a purchase withdrawal for these or exchange them for cash.
Purchase withdrawals can be made through our customer service (email@example.com) and it will be returned to the same method you used to make the payment. When processing your purchase withdrawal request, the virtual goods and currencies will be collected, however, please understand that the time of refund will differ according to the payment method used.
However, if there was a fault with the virtual goods and currencies you received, you can make a purchase withdrawal request within the 3 months of their purchase, or within the 30 days from the date you knew or could know about the fault, whichever comes first.
Our Service may allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.
Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.
You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs and then delete them.
You may not post, link and otherwise make available on or through the Service any of the following:
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
XLsoft makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL XLsoft BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO [DEVELOPER NAME]. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
XLsoft grants you a non-exclusive, non-transferable, limited license to use the Service in accordance with this Agreement.
In no event shall XLsoft, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of any third-party's rights.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
XLsoft, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Gyeonggi-do, Republic of Korea, without giving effect to any principles of conflicts of law.
We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms constitute the entire agreement between you and XLsoft regarding the use of the Service, superseding any prior agreements between you and XLsoft relating to your use of the Service.
Please let us know what you think of the Service, these Terms and, in general, Games. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Games, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions or comments about the Service may be directed to us at the email address firstname.lastname@example.org.