WW1945 (Term of Service)
[Terms of Service]
This Terms of
Service ("Terms") is an agreement between you and Pinupgames Inc.
and/or its affiliates("Pinupgames", "we", "us",
or "our") regarding your use of Pinupgames's games, websites and
related services (the "Services"). These Terms includes our policy
for acceptable use of the Services and governs your rights, obligations and
restrictions regarding your use of the Services. You are only authorized to use
the Services if you agree to abide by all applicable laws and this Terms. These
Terms include the Pinupgames Privacy Policy, which is hereby incorporated by
reference 개인정보취급방침 URL
Pinupgames reserves
the right to modify these Terms, at its sole discretion, from time to time by
posting the modified version of Terms. Please periodically review the
controlling version of these Terms. You will be deemed to have agreed to any
such modifications by continuing to use the Services after any such
modification is posted. It is therefore important that you review this Terms
regularly to ensure you are updated as to any changes. If you do not agree with
the modifications, please discontinue use of the Services immediately.
Before accessing
or using the Services, including browsing any Pinupgames website or accessing a
game, you must agree to these Terms and Privacy Policy. You may also be
required to register an account on the Services (an "Account"). By
registering for an Account or otherwise using the Services, you represent that you
are age 13 or older and you understand and agree to these Terms. If you are
between the ages of 13 and 17, you represent that your legal guardian has
reviewed and agreed to these Terms. If you access the Services from a Social
Networking Site ("SNS"), such as Facebook or Google+, you shall
comply with its terms of service/use as well as these Terms.
1. LICENSE
Pinupgames owns,
has licensed, or otherwise has the right to use all of the content that appears
in the Pinupgames Services, including, without limitation, an Account, Virtual
Items (as defined below).
YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT,
AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE
AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Pinupgames.
Subject to your
agreement and continuing compliance with these Terms and any other relevant our
policies, we grant you a non-exclusive, non-transferable, non-sublicensable,
revocable limited license subject to the limitations below to access and use
the Services for your own non-commercial entertainment purposes. You agree not
to use the Services for any other purpose.
2. SERVICE
Pinupgames provides
users with access to interactive software products that, among other things,
enable multiplayer gaming experiences on mobile devices. The Services may be
made available to you directly, or through third party services, such as App
Store and Google Play. These third party services may require you to download
and install software and create an Account before downloading the Services. In
addition, you may be required to register an Account with third party services,
such as Game Center or Google+ and sign into that Account in order to access
some portions and features of the Services. If you choose to create and utilize
an Account, 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 our Customer Support Center through
in-game setting or option menu. 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.
3. Guest Account
If you use the Pinupgames
Service without a Game Center or Google Plus Account, we will create and assign
to your device an identifier that is similar to an account number ("Guest
Accounts"). We will use the Guest Account information for providing
customer supports.
PLEASE KEEP IN
MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORTS OR MAY NOT USE VIRTUAL ITEMS OR
VIRTUAL CURRENCY FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE
WITHOUT CONNECTING TO A GAME CENTER AND GOOGLE PLUS ACCOUNT.
4. SUSPENSION
AND TERMINATION OF ACCOUNT AND SERVICES
WITHOUT LIMITING
ANY OTHER REMEDIES, Pinupgames MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE
ACCOUNTS OR ACCESS TO Pinupgames SERVICES OR PORTIONS THEREOF IF YOU ARE, OR Pinupgames
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 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 Pinupgames
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.
Pinupgames RESERVES
THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Pinupgames reserves
the right to stop offering and/or supporting the Services or a particular game
or part of the Services at any time, at which point your license to use the
Services or a part thereof will be automatically terminated. In such event, Pinupgames
shall not be required to provide refunds, benefits or other compensation to
users in connection with such discontinued Services. Termination of your
Account can include disabling your access to the Services or any part thereof
including any content you submitted or others submitted.
5. PROHIBITED
CONDUCT/REPRESENTATIONS AND WARRANTIES
You represent
and warrant that you will not, in connection with your use of the Services:
• Violate any
law (including without limitation laws related to torts, contracts, patents,
trademarks, trade secrets, copyrights, defamation, obscenity, pornography,
rights of publicity or other rights) or encourage or provide instructions to
another to do so;
• Act in a
manner that negatively affects other users' ability to use the Applications,
including without limitation by engaging in conduct that is harmful,
threatening, abusive, inflammatory, intimidating, violent or encouraging of
violence, harassing, vulgar, stalking, invasive of another's privacy, or
racially, ethnically, or otherwise objectionable;
• Post any User
Content containing unsolicited or unauthorized advertising, promotional
materials, spam, junk mail, chain letters, pyramid schemes or any other form of
unauthorized solicitation;
• Post any User
Content containing sweepstakes, contests, or lotteries, or otherwise related to
gambling;
• Post any User
Content containing copyrighted materials, or materials protected by other
intellectual property laws, that you do not own or have a license to;
• Make
misleading statements or misrepresent any fact (including without limitation
your identity);
• Institute,
assist, or become involved in any type of attack, including without limitation
distribution of viruses or codes, denial of service attacks upon the Service,
or other attempts to disrupt the Service or any other person's use or enjoyment
of the Service.
• Use any
computer or device that is running any application, software or technology that
is not expressly authorized by Pinupgames for use and that enables cheating or
accomplishing game tasks that cannot be accomplished without the use of such an
application, software or technology, including without limitation automation
software (bots), hacks, mods or other devices for enabling the interoperability
of unauthorized third-party software that modifies the gaming experience;
• Exceed your
authorized access to any portion of the Applications or any database, computer
or device;
• Disrupt,
overburden, or aid or assist in the disruption or overburdening of any computer
or server ("Server") used to offer or support the Service or any Pinupgames
game environment;
• Remove,
delete, alter, circumvent, avoid or bypass any watermark or digital rights
management technology;
• Collect or
store personal data about anyone;
• Sell, rent or
give away your Account, create an Account using a false identify or
information, or on behalf of someone other than yourself;
• Use the
Service if you have previously been removed by Pinupgames or banned from using
Service;
• Modify any
part of the Applications;
• Obtain or
attempt to access or otherwise obtain any Content or information through any
means not intentionally made available or provided for through the
Applications;
• Exploit errors
in design, features which are not documented and/or bugs to gain access that
would otherwise not be available;
Any conduct by
you in violation of the foregoing prohibitions may result in the suspension or
termination of your Account and your access to the Services.
6. Intellectual
Property
Pinupgames 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 Services, 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.
Certain
materials available on or through the Services are our Works. Our Works may be
protected by copyright, trademark, patent, trade secret and/or other laws, and
we reserve and retain all rights in our Works and the Applications. We hereby
grant you a royalty-free, limited, revocable, non-sublicensable, and
non-exclusive license to reproduce our Works solely for your personal use in
connection with using the Applications. You may not otherwise reproduce (other
than incidental reproduction required to run the Application on your device),
distribute, communicate to the public, make available, adapt, publicly perform,
or publicly display the Works or any adaptations thereof unless expressly set
forth herein. Such conduct would, among other things, exceed the scope of your
license and constitute infringement of our proprietary rights.
As part of this
license, you will not:
• Copy the
Application(s) except a single backup copy;
• Sell, rent,
lease, license, distribute or otherwise transfer or make the
Application(s)available to any other person, in whole or in part, or use the
Application(s)or any part thereof in any commercial context, including but not
limited to use on a commercial website or as part of a commercial service;
• Reverse
engineer, derive source code, modify, decompile, disassemble, or create
derivative works based on the Application(s) or any portion thereof, in whole
or in part;
• Remove,
disable or circumvent any proprietary notices or labels contained on or within
the Application(s) or any portion thereof; or
• Export or
re-export the Application(s) or any copy or adaptation in violation of any
applicable export restrictions or other laws or regulations.
The above
described license is conditioned on your compliance with these Terms, and shall
terminate upon the earlier of: (a) your breach of these Terms; or (b) our
termination of these Terms. If you breach any provision of these Terms, any
license you have obtained will be automatically rescinded and terminated. In
order to protect our rights some Content made available on the Applications may
contain watermarks and/or be controlled by other digital rights management
technologies, which will restrict how you may access and use the Content. You
must not remove, delete, or alter any watermark or other digital rights
management technology or other information. Such conduct is prohibited by law.
When you
download or otherwise copy our Applications and Works, you are not buying or
being gifted copies thereof. Instead, you are licensing a limited, revocable,
non-sublicensable, and non-exclusive right to access and use the Application for
personal, non-commercial use, subject to specific terms and conditions (the
"Content License"). Under this Content License you may not thereafter
reproduce, distribute, communicate to the public, make available, adapt,
publicly perform, or publicly display the Applications and Works or any
adaptations thereof unless expressly set forth herein. Such conduct would
exceed the scope of your Content License and constitute copyright infringement.
At the expiration of your Content License or the termination of these Terms,
you will delete or otherwise dispose of all copies of Applications and Works in
your possession.
7. VIRTUAL ITEMS
Our Services may
include (a) virtual currency, including but not limited to coins, gems, cash,
tokens, or points, all for use in the Services; (b) virtual in-game items; or
(c) certain in-game benefits (collectively, "Virtual Items"). You may
earn or purchase Virtual Items for real money and/or other credits.
You acknowledge
and agree that all sales of Virtual Items are final and non-refundable. The
purchase of any Virtual Item is merely the purchase of a limited personal
revocable license to use the Virtual Item exclusively in the applicable
Services and does not transfer ownership of that Virtual Item to you. This
license is personal to you and cannot be sold, transferred, assigned, gifted,
traded or sublicensed. Accordingly, we expressly prohibit and do not recognize
any purported sales, transfers, assignments, gifts, trades or sublicenses of
Virtual Items, whether for "real money," goods or any other exchange
outside of the Services. Any such transfer or attempted transfer is prohibited
and void, and may subject you to a termination of your account, a lifetime ban
from our products and services, and/or legal action.
YOU ACKNOWLEDGE
AND AGREE THAT VIRTUAL ITEMS HAVE NO REAL WORLD VALUE AND CANNOT BE REDEEMED
FOR ACTUAL CURRENCY, GOODS OR OTHER ITEMS OF MONETARY VALUE, INCLUDING IN THE
EVENT THAT YOU HAVE UNUSED VIRTUAL ITEMS REMAINING IN YOUR ACCOUNT AT THE TIME
YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR NOT.
We reserve the
right to control, regulate, change or remove any Virtual Items in our sole
discretion and without any liability to you. We reserve the right to charge
fees for the right to access or use Virtual Items, and we may revise the
perceived value or pricing for any Virtual Items. We may also decide to
distribute Virtual Items without charge, at our sole discretion.
8. PURCHASES /
PAYMENTS / REFUNDS
We associate
ourselves with certain Services, including, without limitation, for the
download of Services, and the purchase of Virtual Items. Such products or
services will be made available for purchase on a third party store used by us
(such as Google Play or App Store). Certain Services allow you to purchase
Virtual Items within the Services. Such purchases may be made available in both
Services which you must purchase to download as well as Services which are free
to download.
You are
responsible for all third party charges, including but not limited to the internet
connection, and mobile communication charges, that you may incur for accessing
or using our Services. Prices for all products and services exclude all
applicable taxes and telecommunication charges, unless otherwise indicated. To
the extent permissible by law, you agree to be responsible for any such
applicable taxes and telecommunication charges. Your purchase of any Services,
or Virtual Items or other content through the Services constitutes your
representation and warranty that you are of legal age to form a binding
contract, and if not of legal age that you have placed such order with the
permission of a parent or legal guardian, and that you are not a person barred
from using or receiving the Services by any local, state, federal or international
law.
We assume no
liability for purchaser error, trial versions, software purchased for the wrong
device or platform, promotion codes or discounts not provided at the time of
purchase. We will not be liable for any errors on billing statements issued to
you by your carrier. You accept full responsibility for confirming that the
phone or other device manufacturer, phone or other device model, and carrier
are supported and that the phone or other device is compatible to the products
or services purchased, downloaded or otherwise obtained by you through the
Services. Please read the system requirements very carefully before making any
purchases.
9. USER CONTENT
"User
Content" means any communications, images, sounds, and all the material,
data, and information that you upload or transmit through the Services, or that
other users upload or transmit, including without limitation any chat text. 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.
By posting any
User Content to or through the Services, 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.
If any of the
User Content that you post to or through the Services 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).
If any of the
User Content you post to or through the Services contain the name, image,
voice, likeness, or biographical information ("Likeness") of any
person, you hereby represent to Pinupgames that you have obtained all necessary
rights to that Likeness, and that Pinupgames 's use of that person's Likeness
will not violate the proprietary rights of any person or entity. Upon request,
you will provide Pinupgames with a signed consent regarding the rights granted
to Pinupgames regarding your Likeness,
and you will provide Pinupgames with copies of similar consents and permissions
for any Likeness other than your own that is included in your User Content.
By transmitting
or submitting any User Content while using the Service, you affirm, represent
and warrant that such transmission or submission is (a) accurate and not
confidential; (b) not in violation of any 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; (c) free of viruses, adware, spyware, worms or other malicious code;
and (d) you acknowledge and agree that any of your personal information within
such content will at all times be processed by Pinupgames in accordance with
its Privacy Policy. Pinupgames reserves the rights in its sole discretion to
review, monitor, prohibit, edit, delete, disable access to or otherwise make
unavailable any User Content (including without limitation your User Content)
without notice for any reason or for no reason at any time.
10. LINKS
We may feature
advertisements from third parties or provide links on the Services to third party
websites or vendors who may invite you to participate in a promotional offer in
return for receiving an optional component of the Services and/or benefits. Any
charges or obligations you incur in your dealings with these third parties are
your sole responsibility. We make no representation or warranty regarding any
content, goods and/or services provided by any third party, and will not be
liable for any claim relating to any third party content, goods and/or
services. The linked sites are not under the control of us and may collect data
or solicit personal information from you. We are not responsible for their
content, business practices or privacy policies, or for the collection, use or
disclosure of any information those sites may collect.
11. PUSH NOTIFICATIONS
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. We will not send any SMS notification to your mobile device
unless we obtain affirmative express consent from you in compliance with any
applicable laws or regulations.
12. INFRINGEMENT
Without limiting
the foregoing, if you believe that any content, including User Content, or
other materials, posted on the Services constitutes an infringement of your
copyrights or trademarks, we will respond promptly to any properly submitted
notice containing the information detailed below. Please contact us at our
Customer Support Center through in-game setting or option menu.
The written
notice of infringement must provide the following information:
1.
Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
2.
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material;
3. Information
reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and if available, an electronic mail address at
which the complaining party may be contacted;
4. A statement,
made under penalty of perjury, that the complaining party has a good faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law, and that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
5. A physical or
electronic signature of person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Please note that
any person who knowingly materially misrepresents that material or activity is
infringing, or that the material or activity was removed or disabled by mistake
or misidentification may be subject to liability. Please also be advised that
we may terminate or disable user account following repeated notice and takedown
requests for two or more postings by the user.
13.
INDEMNIFICATION
You will
indemnify and hold us harmless from any and all third party claims, losses,
damages, liabilities, costs, and expenses (including reasonable attorneys' fees
and expenses), relating to or arising under or out of the relationship between
you and us described in these Terms, including any breach of the
representations and warranties contained herein, or your violation or breach of
any rights of or agreements, undertakings, representations or warranties with
another in any way related to the Services and/or Content. You hereby agree
that we shall have the sole right and obligation to control the legal defense
against any such claims, demands, or litigation, including the right to select
counsel of our choice and to compromise or settle any such claims, demands, or
litigation.
14. 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.
15. LIMITATION
OF LIABILITY
To the extent
allowed by law, we shall not be responsible or liable to you for any loss or
damage of any sort incurred as the result of the following:
• Delaying, rejecting
or removing any or all Content at any time for any or no reason whatsoever with
or without notice to you;
• Modifying or
discontinuing temporarily or permanently, the Applications (or any part
thereof) with or without notice to you for any or no reason whatsoever;
• Immediately
terminating your access to the Applications for any or no reason whatsoever and
with or without notice to you;
• The accuracy,
usefulness or availability of any information Posted to or through the
Applications, including but not limited to any securities trading or investment
related information;
• Any User
Content that does not get recorded, or is deleted; or
• Any loss or
damage of any sort incurred by you as a result of interactions you have with
other Applications users, third-party advertisements or service providers, or
third-party websites, found on or through the Applications, including payment
and delivery of related goods or services, and any other terms, conditions,
policies, warranties or representations associated with such dealings.
Pinupgames SHALL
NOT 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 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. Pinupgames SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT
YOU HAVE PAID TO Pinupgames IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE
SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.
YOU ACKNOWLODGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO Pinupgames DURING
SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY
DISPUTE WITH Pinupgames IS TO STOP USING THE SERVICE AND TO CANCEL YOUR
ACCOUNT. 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.
16. Dispute
Resolution
If a dispute
arises between you and Pinupgames, we strongly encourage you to first contact
us directly to seek a resolution quickly by contacting us at our Customer
Support Center through in-game setting or option menu. These Terms of Service
and any dispute arising out of or related to it or Privacy Policy or the
Service shall be governed in all respects by Law of Republic of Korea, without
regard to conflict of law provisions. You agree that any claim or dispute you
may have against Pinupgames must be resolved exclusively by a court located in
Seoul, Korea.
17. Force
Majeure
Pinupgames will
not be liable for any delay or failure to perform resulting from any cause
outside the reasonable control of Pinupgames, including, without limitation,
any failure to perform under the Pinupgames Policy due to unforeseen cause
beyond Pinupgames'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,
cybercrimes, strikes, or shortages of transportation facilities, fuel, energy,
labor or materials.
18.
Miscellaneous
These Terms
constitute the entire agreement between you and Pinupgames, and govern your use
of the Services.
These Terms
supersede any prior agreements between you and us with respect to the Services.
These Terms and
the rights, benefits and obligations contained herein are fully assignable by
us and will be binding upon and inure to the benefit of our successors and
assigns.
No party, nor
any of the parties' respective attorneys, shall be deemed the drafter of this
agreement for purposes of interpreting any provision hereof in any judicial or
other proceeding that may arise between the parties.
Except as
otherwise expressly provided in these Terms, there shall be no third-party
beneficiaries to this agreement. For the purpose of clarity, Pinupgames's
affiliates, representatives, managers, partners, joint ventures, employees, and
agents are intended third-party beneficiaries.
No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
Any failure by
us to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. Any waiver of any right or
provision of these Terms must be in writing.
If any provision
of these Terms is found by a court of competent jurisdiction to be invalid, the
court should nevertheless endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of these Terms remain in
full force and effect.
The headings in
these Terms are for convenience only and have no legal or contractual effect.
We may terminate
these Terms for any or no reason at any time by notifying you through a notice
on the Applications, by email, or by any other method of communication. Any
such termination will be without prejudice to our rights, remedies, liability
limitations, warranty disclaimers, claims, or defenses hereunder. Upon
termination of these Terms you will no longer have a right to access your
account, your code, or your User Content. We will not have any obligation to
assist you in migrating your data or your User Content and we may opt not to
keep any backup of any of your User Content. We will not be responsible for
deleting your User Content. Note that, even if your User Content is deleted
from our active servers, it may remain in our archives (but we have no
obligation to archive or back-up your User Content).
Upon termination
of these Terms the following provisions will survive: 7, 8, 9, 10, 12, 13, 14,
15, 17, 18.
Last updated: February 22, 2018