Terms of Service
Article 1 【Purpose and Definition】
SUPERKOLA TACTICS(the “Game”) is a game developed by
Mantisco, Co., Ltd. (the
“Developer”) and serviced
by Carrieverse, Co., Ltd. (the “Publisher”). The Company
provides
this website (http://carrieverse.io) and the services
related to the Game (collectively, the
“Services”).
The User is a person who agrees to the Terms of Service and uses the
Services.
By agreeing to the Terms of Service, the User
indicates that he or she is thirteen (18) years
old or older. If
the User is between the ages of 13 and 18 or otherwise do not have the
authority to enter into agreements such as these TOS, the User
represents that their legal
guardian, or a holder of parental
responsibility, has reviewed and agreed to these TOS. If
the
User accesses the Service from a Social Networking Service
("SNS"), such as Facebook
or Google+, the User shall
comply with its terms of service/use as well as these Terms of
Service. By using or otherwise accessing the Services, the User
agrees to these TOS. If the
User does not agree to these TOS,
the User may not use or otherwise access the Services.
Article 2 【Specification and Amendment of the Terms of
Service】
1. The Terms of Service can be accessed on the in-game or
connected screens and
official community at any time.
2.
The Company may change the Terms of Service to the extent necessary
unless it
violates applicable laws and regulations. In the event
that the Company changes the
Terms of Service, the changes shall
be posted, along with the effective date and the
details of the
amendment, on the Company’s website at least seven (7) days
prior to the
effective date. Any changes that may be material or
disadvantageous to the User shall be
posted at least thirty (30)
days prior to the effective date.
3. Any User that does not
express his or her rejection of the amended Terms of Services
after the effective date hereof shall constitute the
User’s agreement to the amended
Terms of Service. The User
is responsible for checking the Company’s website regularly
to make note of any changes.
Article 3 【Rules Other Than the Terms of Service】
1. The Company may delegate specific matters that are not covered by
the Terms of Service
to the Operation Policy for purposes of
protecting the rights and interests of the Users
and maintaining
order in the Game.
2. The Operation Policy constitutes a part of the Terms of
Service, and the User is deemed
to have agreed to the Operation
Policy by agreeing to the Terms of Service.
3. The Operation Policy may be found on the Company’s
website at any time.
4. Any change to the Terms of Service that causes material
change in the User’s rights or
obligations or any
amendment to the Operation Policy that has the same effect as the
change to the Terms of Service shall be made pursuant to Article
2, paragraph 2.
Article 4 【Prohibited Acts】
The
Company provides the Services to the Users only for personal,
non-commercial, and
entertainment purposes. The User agrees that
he or she will not commit the following acts.
Committing any of
the following acts may lead to temporary or permanent suspension of
the Services depending on the severity of the act in accordance
with the Terms of Service
and the Code of Conduct.
1. Selling, renting, leasing or transferring, establishing
security rights upon, making copies
of the Game or any account
related thereto, and transferring any portion thereof to any
third party;
2. Making copies of the Game or any part thereof, reproducing,
translating, reverse-
engineering, decompiling or deriving source
code, disassembling, or creating derivative
works based on the
Game;
3. Modifying or committing an act that leads to modifying any
files included in the Game;
4. Using or enabling any third party to use the Game or any of
its parts commercially,
including but not limited to selling the
in-game items outside of the Game, unless
otherwise approved by
the Company and Developer or made through the Services
provided
by the Company;
5. Producing, distributing, using, or advertising any programs that
intercept communication
between the Game and the game server and
any unauthorized third party programs or
hardware devices that
may affect the Game or normal game play, including but not limited
to, programs, hacks, cheats, bots, scripts, trainers, automatic
programs, automatic mouse,
mouse with macro functions that
collect or modify game data by reading the game
memory;
6. Stealing information from others (including but not limited
to personal, non-personal,
and payment information);
7. Impersonating any officers or employees, operators, or any
other interested parties of
the Company and the Developer;
8. Harming the reputation or obstructing businesses of the
Company and the Developer
or any third party;
9. Posting or making public on the Company’s website any
sexually explicit or violent
statement, video, sound or
information that is against the public order and good morals;
10. Making undue profit by exploiting other Users in any way;
11. Using the Services in a manner related to gambling or that
is unwholesome;
12. Exploiting the bugs in the program; or
13. Committing any act that violates any other applicable laws
or is against public morals
or social norms
Article 5 【Accessing and Restricting Access to the
Game】
1. Unless otherwise indicated or notified, the Game will be
available 24 hours a day, 7 days
a week.
2. Notwithstanding the foregoing paragraph 1, the Company may
restrict or suspend
access to all or a part of the Services
without prior notice for a certain period of time
under any of
the following circumstances. However, if the Services are to be ceased
in
accordance with foreseeable technical or operational needs, the
Company may cease the
Services after posting a 30 days’
prior notice on its website. Provided, however; under
unavoidable circumstances, the Company may cease the Services
without prior notice.
① In the event of repair and
maintenance, inspection, replacement, periodic inspection of
information and communications facilities, including but not
limited to computers and
server equipment, or for purposes of
game operation;
② In responding to unforeseen instability of the Services
due to hacking incidents, network
failures, service equipment
failures, or irregular uses of the Game by the User;
③ In the event where the access to the Game is restricted
pursuant to applicable laws and
regulations, policies of the
government or the Company;
④ In the event where the access to the game is obstructed
due to an event of force
majeure, including but not limited to
the acts of God, states of emergencies, power failures,
etc.; or
⑤ Under material management needs of the Company,
including but not limited to split-
off, merger, transfer of
business, termination of business, profit decrease of the Game, etc.
3. The Company shall not be liable for the damages that may
arise as a result of restriction,
discontinuance, or suspension
of the Services in accordance with paragraph 2 hereof unless
there is any intentional act or gross negligence on the part of
the Company.
Article 6 【Ownership】
1. All titles
and authorities, rights, related trademarks, logos and domains, trade
dresses,
and contents related to the Game (including but not
limited to computer codes, titles,
characters, names of
characters, locations, names of locations, stories, storylines,
artwork,
graphics, designs of structures or scenes, animations,
sounds, music, audio-visual effects)
shall be owned by the
Developer. The Developer shall have the exclusive rights to create
any derivative works of the Game. The User agrees that he or she
will not create any
derivative works based on the Game unless
otherwise explicitly permitted by the Developer.
Any further
matters in relation to the contents produced based on the Game shall
be
covered by the User-Created Content Rules posted on the
Company’s website.
2. The Developer shall not authorize any party to use any trademarks,
logos, domains,
trade dresses, or contents without its
permission. Any violation thereof may result in severe
civil or
criminal penalties.
3. The Developer has ownership, licensing rights and all other
rights to all contents related
to the Game. The User has the
right to use the virtual items, goods, currency, game money,
or
any similar contents that appear or are generated in the Game in
accordance with the
Terms of Service. However, the User shall
not have ownership or own copyrights or any
other rights
thereto. Any transfer or sale, gift, or trade of the in-game virtual
property
outside of the Game shall not be acknowledged unless
otherwise approved by the
Developer in writing. Therefore, the
User may not sell or trade the in-game items, goods,
or currency
in exchange for actual currency without the Developer’s
approval, and any
violations thereof may be subject to penalties
in accordance with the Terms of Service and
the Operation
Policyt.
Article 7 【Refund Policy】
In general,
all sales for all paid contents are final and refunds are not
permitted except
with respect to any statutory warranties that
are mandatory by law or the third party
platform’s refund
policy. In case of termination due to the breach of these Terms of
Service,
the User shall not be entitled to any refunds.
Article 8 【Purchase and Usage of NFTs】
Users may purchase and utilize blockchain-based NFTs only if
they are accessing the Game
from jurisdictions that allow such
activities. Users are solely responsible for complying with
all
the laws and regulations of their respective jurisdictions. The User
may purchase NFTs
from external sources and introduce them into
the Game. However, the Game shall not
offer the option to
directly purchase NFTs in-game.
The Company may incorporate NFTs
into the Game’s structure. Any NFT introduced into
the
Game by the User shall be owned by the User. The responsibility to
manage such NFTs
shall also be borne entirely by the User.
The User agrees to use introduce NFTs into the Game after
confirming and understanding
the risk that may occur when
holding NFTs as follows. The Company shall not be liable to
the
User for any of the following.
1. No specific entity, including the Company, guarantees the value of
NFTs, and the User
bear all risks, including losses, that may
arise from owning NFTs.
2. The transfer of NFTs are conducted on their respective
blockchain, and may be
adversely affected by interruptions in
the network. The Company is not the operator of
the NFT
blockchains and is not responsible for any problems.
3. Due to the nature of NFTs, which are blockchain-based tokens
assigned unique
identification codes and metadata, the Company
does not guarantee the security and
integrity of NFTs introduced
into the Game.
4. The User is responsible for checking and verifying network
support, compatibility,
when introducing NFTs into the Game. The
Company does not guarantee that any
particular NFT will be
supported by the Game. The User bears all responsibility for
checking the support before making any transfers.
Article 9 【Trading in-Game Items】
Users may exchange in-Game items for virtual assets only if they
are accessing the Game
from jurisdictions that allow such
activities. Users are solely responsible for complying with
all
the laws and regulations of their respective jurisdictions.
The
User agrees to exchange in-Game items for virtual assets after
confirming and
understanding the risk that may occur. The
Company shall not be liable to the User for
any of the
following.
1. The Company does not guarantee the value of tokens and coins.
Digital assets, and
blockchain technology are relatively new and
their regulation is not clearly defined. New
regulations may
adversely affect blockchain technology, which may negatively affect
the
value of such assets.
2. The Company shall not be responsible for any errors
attributable to the User when
executing the above-mentioned
exchanges such as mistakenly entering wallet addresses
or amount
of tokens to be transferred.
Article 10 【Indemnifications】
The User agrees to defend, protect, indemnify, and hold harmless the
Company from any
claims, lawsuits, damages, losses, liabilities,
and expenses (including reasonable attorney’s
fees to the
extent permitted by applicable laws) arising out of any misuse of the
Services
or violation of the Terms of Service by the User.
The Company may, at its reasonable discretion, reserve the right
to exclusively defend and
control over all matters subject to
indemnification by the Users, in which case, the User
shall
cooperate with the Company’s effort to secure its defense.
1. The Company shall be exempted from any and all liability for
any suspension of the
Service, the interruption of use,
termination of contract due to the causes attributable to
the
User.
2. The Company shall be exempted from any and all liability
incurred to the User due to
discontinuance or failure of normal
operation of telecommunication services by the
telecommunications service providers unless there is any
intentional act or gross
negligence on the part of the Company.
3. The Company shall be exempted from any and all liability
incurred from discontinuance
or failure of the Services due to
unavoidable reasons such as maintenance, replacement,
periodic
inspection, construction, etc. of the service equipment as posted
unless there is
any intentional act or gross negligence on the
part of the Company.
4. The Company shall be exempted from any and all liability
incurred from overall problems
that arise due to the
User’s computer or network environment unless there is any
intentional act or gross negligence on the part of the Company.
5. The Company shall be exempted from any and all liability for
the contents, such as
reliability and accuracy of the
information, data, and/or facts posted or transmitted by the
User or a third party on or from the Company’s website
unless there is any intentional act
or gross negligence on the
part of the Company.
6. The Company is not obliged to become involved or be liable in
any way for the disputes
that arise between the Users or between
the User and a third party in relation to the
Services.
7. The Company shall not be liable for any and all Services that have
been provided free
of charge unless there is any intentional act
or gross negligence on the part of the
Company.
8. A portion of the Services may be provided by other service
providers, and the Company
shall be exempted from any and all
liability for the damages caused by other service
providers
unless there is any intentional act or gross negligence on the part of
the
Company.
9. The Company shall not be liable in any way for the
User’s failure to receive expected
results such as in-game
characters or items, and the Company shall be exempted from any
and all liability for the losses incurred due to selection of
certain services unless there is
any intentional act or gross
negligence on the part of the Company.
10. The Company shall be exempted from any and all liability for
the losses of in-game
cyber assets, items, game money of the
User unless there is any intentional act or gross
negligence on
the part of the Company.
11. The Company may limit the hours of use of the Services
depending on the Users
pursuant to relevant laws, government
policies, etc. Unless there Is any intentional act or
gross
negligence on the part of the Company in applying such restrictions
pursuant to
relevant laws, the Company shall be exempted from
any and all liability for overall matters
related to such
restrictions thereof.
Article 11 【Disclaimer of Warranties】
The Game is provided on an “AS IS” and “AS
AVAILABLE” basis without any express or
implied warranties
or representations.
Unless there is any intentional act or gross
negligence on the part of the Company, the
Company hereby
disclaims all express and implied warranties of any kind that may
apply
to the Game, including but not limited to the implied
warranties of title, non-infringement,
merchantability, fitness
for particular purpose, the warranties that may arise during the
course of transactions, implementation or use of transactions,
the warranties for accuracy,
reliability or quality of the
contents and information included in the Game.
The Company does
not represent, warrant or guarantee that the Game will be provided
uninterrupted, error-free, virus-free, free from other harmful
factors, or that defects will be
corrected. Notwithstanding the foregoing, the Company will make
commercially
reasonable efforts to resolve any issues related to
the above. The User shall select the
Game in order to obtain the
intended result and be liable for all matters from installation,
use and results thereof unless there is intentional act or gross
negligence on the part of
the Company.
Some states or
jurisdictions do not allow the disclaimer of implied warranties;
therefore,
all or part of the disclaimers may not be applicable
to the User.
Article 12 【Limitation of Liability】
In no event shall the Company be liable for any indirect,
incidental, consequential, special,
exemplary, or punitive
damages (including but not limited to the loss of business, loss of
data, loss of goodwill, loss of profits) and damage (including
but not limited to the
interruption of work operation, hardware
breakdown or malfunction, other commercial
damage or loss)
arising out of the User’s misuse unless there is intentional act
or gross
negligence on the part of the Company, and this is also
true whether or not the Company
already knew or had to know
about the possibility of such damages.
The Company shall not be
liable for any interruption of service, including but not limited
to ISP failure, software or hardware failure, or any other
circumstances that may result in
data loss or interruption of
Services unless there is any intentional act or gross negligence
on the part of the Company.
Article 13 【Agreement Term and Termination】
The Terms of Service continue to be effective unless and until
terminated. The User may
terminate the Terms of Service at any
time. The User may terminate the Terms of Service
by
discontinuing the use of the Game and shall stop using and delete the
Game
immediately after the termination of the Terms of Service.
If the User terminates the Terms
of Service, refund policies
shall be determined statutory warranties that are mandatory by
law or the third party platform’s refund policy.
The
Company may terminate the Terms of Service and delete the User’s
account with prior
notification if the User violates their
obligations under the Terms of Service. However, if
the User has
caused material damages to the Company due to intentional acts or
gross
negligence, the Company may terminate without prior
notice.
Article 14 【Transfer of the Terms of Service】
The Company may transfer all or part of the Terms of Service to any
third party at any
time. The User shall not transfer the Terms
of Service without the Company’s prior written
consent,
and any unauthorized transfer by the User shall be invalid.
Article 15 【Force Majeure】
The
Company shall not be liable for any damages incurred from any and all
delays or non-
performances due to events beyond the reasonable
control of the Company (including but
not limited to acts of
God, terrorism, riots, embargoes, acts of civil or military
authorities,
fire, floods, labor disputes, shortage of
transportation facilities, fuel, energy, labor or
materials).
Article 16 【Grievance Handling and Dispute
Resolution】
1. The Company should inform on the Company’s website
about the means of presenting
the opinions or complaints of the
Users, considering their convenience.
2. If a dispute arises
between the Company and the User and a third party dispute
resolution authority becomes involved, the Company shall
faithfully demonstrate the
measures taken on the User, including
restrictions of use, and may comply with the
resolution of the
authority.
Article 17 【Governing Law】
These
Terms of Service shall be interpreted and governed by the laws of the
Republic of
Korea.
All lawsuits related to the Terms of
Service shall be subject to the jurisdiction of the
competent
courts pursuant to relevant laws such as the Code of Civil Procedure.
Article 18 【
Information Collection】
1. In order to maintain a
smooth gaming environment, the company may store and
retain
users' chat log exclusively within the company.
2. To prevent
abusing, the company may collect users' data, and such data is held
solely
by the company.
3. For stable game operation and
service provision, the company may collect and utilize
users'
device information (settings, specifications, operating system,
version, etc.)
<Addendum>
These Terms of Service shall take effect as of May 18, 2023.