Terms of Service
Effective Date: August 31, 2018
If you reside outside of the Republic of Korea, the terms of this agreement (the "Terms of Service") govern the relationship between you (“user” or “you”) and Haegin Corporation ("Haegin" "we," or "us") regarding your play or use of, or participation in, Haegin mobile games ("Games") and related services and game support applications, online communities for Games or social network services offered platform for Games (collectively, the "Services").
By agreeing with the Haegin Policy, you represent that you are thirteen (13) years of age or older. If you are between the ages of 13 and 18 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS. If you access the Service from a Social Networking Service ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.
1.1. Ownership of Haegin
Haegin owns, has licensed, or otherwise has the right to use all of the content and materials that appear in the Haegin Service, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound, other files, a user account, virtual items and virtual currencies, and their selection and arrangement, which are all protected by law from unauthorized use. The entire contents and materials of the Haegin Service are copyrighted under the Republic of Korea copyright laws and/or similar laws of other jurisdictions.
By using the Haegin Service, you agree that no content or materials that appear Haegin Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited, without the express prior written permission of Haegin, expect that the foregoing does not apply to your own User Content (as defined in Section 4.1) that you legally post on the Haegin Service.
All other uses of copyrighted content and materials, including any derivative use, requires express prior written permission from Haegin. Any reproduction or redistribution of the content and materials not in accordance with the Terms of Service is expressly prohibited and may result in severe civil and criminal penalties. Haegin and/or its licensors remain the owners of right, title, and interest, including, but not limited to, copyrights and other intellectual property rights, in and to all content and materials posted on the Haegin Service by Haegin.
By using the Haegin Service, or by accessing any materials posted on the Haegin Service by Haegin, or derivative works thereof, you acknowledge that you do not acquire any ownership rights.
You ackowled and agree that you have no ownership or other property interest in an account (collectively, “Game Accounts”), and your further acknowledge and agree that all rights in and to a game account are and shall forever be owned by and inure to the benefit of Haegin.
1.2. License Limitations
Subject to your agreement and complete compliance with the Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use our Services for your own personal and non-commercial use. You agree not to use our Services for anything else.
1.3. 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.
2.1. Guest Account
If you use the Services without connecting a third party social network or platform, 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 connecting a third party social network or platform account.
2.2. Social Network or Platform 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 our applications through a third-party social network such as Facebook, Game Center(for iOS devices) or Google Play(for android 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.
2.3. 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. Haegin will not be responsible to you for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise.
2.4. Suspension and Termination of Account and Service
Without limiting any other remedies, Haegin may limit, suspend, terminate, modify, or delete accounts or access to the service or portions thereof if you are, or Hagin 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 Haegin 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.
Haegin 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 license to use the Service or a part thereof will be automatically terminated. In such event, Haegin 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.
2.5. 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 365 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 with respected to such Virtual Money or Virtual Goods deleted.
2.6. 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. Purchases in the Service
3.1. Virtual Money and Virtual Goods
Our Services may include fictional currencies such as coins, golds and gems ("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.
3.2. Your Rights
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 have no other rights, title or ownership with respect to Virtual Money or Virtual Goods. 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.
3.3. Refund and Withdrawal
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.
3.4. Our Rights
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.
3.5. Prohibited Transfers
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.
4. User Content and Conduct
4.1. Your Representations and Warranties
“User Content” means any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through the Haegin Service.
By transmitting, submitting, or posting any User Content while using the Haegin Service, you affirm, represent and warrant that such transmission or submission are (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.
You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via the Haegin Service. Haegin assumes no responsibility for illegal contents or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under the Haegin Policy.
4.2. License to Use User Content
You hereby grant Haegin a worldwide, royalty-free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through the Haegin Service, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving a written notice to us at any time. In such a case, Haegin will cease any use of the User Content within 3 months after receiving such a notice from you.
4.3. Content Screening
You acknowledge and agree that Haegin may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.
4.4. User Conduct
You acknowledge and agree that if Haegin finds, at its sole discretion, that you have violated User Conduct, you may no longer have access to the violating item/items and/or Haegin reserves the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part. You agree that you will not:
▶︎ Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
▶︎ Use the Services in violation of any applicable law or regulation.
▶︎ Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
▶︎ Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
▶︎ Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
▶︎ Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
▶︎ Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Haegin, 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, encryption, or software that is part of the Services.
▶︎ Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
▶︎ Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
▶︎ Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Haegin employees, directors, officers, and customer service representatives.
▶︎ Make available through the Services 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 which impersonates any other person, including, but not limited to, a Haegin employee, director or officer.
▶︎ Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Haegin, or to obtain any information from the Services using any method not expressly permitted by Haegin.
▶︎ Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
▶︎ Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
▶︎ Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
▶︎ Engage in any act that Haegin deems to conflict with the spirit or intent of the Services or make improper use of Haegin´s support services.
5. Third Party Advertising and Analytics Partners
▶︎ Unity Technologies
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. You may also be able to manage them from your device’s settings page for the relevant game.
7.1. Infringement Notification
The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
If you believe in good faith that any materials in Hagin Games may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to Haegin’s designated agent set forth below. For your notice to be effective, it must include the following information:
1) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;
2) Your contact information, including your address and email address;
3) A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
4) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
5) Your physical or electronic signature.
The contact information of Haegin’s designated agent is as follows:
Attn: Business Department
707, Daerung Post Tower 2, 306, Digital-ro, Guro-gu, Seoul, the Republic of Korea
7.2. Counter Notification
If your User Content or other information has been taken down by the above-infringement notification, you may send Hagin’s designated agent a counter-notification that contains the following information:
1) Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled;
2) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3) Your name, address, and email address; and
4) Your physical or electronic signature.
Please bear in mind that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others.
8. User Interactions
8.1. Member Disputes
You are solely responsible for your interactions with other users of the Haegin Service. We may, at our sole discretion, attempt to mediate disputes between users, but are not obliged to become involved in any way with such disputes.
If you have a dispute with any users of the Haegin Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
9. Disclaimers & Indemnifications
9.1. Disclaimer of Warranties
You expressly acknowledge and agree that use of the Haegin service is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose.
Without limiting the generality of foregoing, neither Haegin nor any of their directors, employees, agents, third-party content providers, distributors, licensees or licensors (collectively, “Haegin Parties”) assume liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Haegin service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the Haegin service, (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Haegin service by any third party, and/or (f) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Haegin service.
9.2. Disclaimers of Liability
You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that Haegin parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, the service.
You further acknowledge and agree that Haegin parties, its directors, officers, agents, contractors, partners, and employees are not liable, and you agree not to seek to hold Haegin parties liable, for the conduct of third parties, including other users of the service and operators of external sites, and that the risk of the service and external sites and of injury from the foregoing rests entirely with you.
To the extent permissible under applicable laws, under no circumstances will Haegin parties be liable to you for more than the amount you have paid to Haegin in the one hundred and eighty (180) days immediately preceding the date on which you first assert any such claim.
You agree to indemnify, defend and hold harmless Haegin, 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.
10. General Provision
10.1. Governing Law
This Terms of Service is governed by and interpreted in accordance with the laws of the REPUBLIC OF KOREA. Any claim or dispute with you and Haegin, relating in any way to the Service or the Terms of Service, will be subject to the exclusive jurisdiction of the courts of the REPUBLIC OF KOREA.
10.2. Entire Agreement
The Terms of Service set out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all earlier agreements and understandings between you and us. A person who is not a party to the Terms of Service has no right to rely upon or enforce any part of the Terms of Service.
The translation of the English language version of the Haegin Policy is provided for informational purposes only and does not modify the English language version of the Haegin Policy. If there is a conflict between the English language version of the Haegin Policy and its translation, the English language version of the Haegin Policy will control.
10.4. No Waiver
The failure of Haegin to require or enforce strict performance by you of any provision of the Haegin Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Haegin’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Haegin in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.
10.5. Force Majeure
Haegin will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of Haegin, including, without limitation, any failure to perform under the Haegin Policy due to unforeseen cause beyond Haegin’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If any part of the Terms of Service is held to be unlawful, void or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of the Terms of Service shall remain valid and enforceable.
If you have any questions about these TOS, please contact firstname.lastname@example.org.