1. Introduction
The terms of this agreement ("Terms of Service") govern the relationship between you and STARTER LLC, a South Korean company having its registered office at VentureOffice 211, Samsung Campus, 51, Hoam-ro, Buk-gu, Daegu, Republic of Korea, (hereinafter "STARTER" or "Us" or "We") regarding your use of STARTER' games, websites and related services (the "Service"). Use of the Service is also governed by STARTER' Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any STARTER website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account" or “Game Account” or “SNS Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. 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 Service from a Social Networking Site ("SNS"), such as Facebook, Google+ or Game Center, you shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
STARTER reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant STARTER policies at any time by posting the amended terms on the STARTER Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, STARTER Privacy Policy, or any other STARTER policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
2. License
2. 1. Ownership of STARTER
STARTER owns, has licensed, or otherwise has the right to use all of the content and materials that appear in STARTER 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 STARTER Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.
By using STARTER Service, you agree that no content or materials that appear STARTER 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 STARTER, expect that the foregoing does not apply to your own User Content (as defined in Section 4.1) that you legally post on STARTER Service.
All other uses of copyrighted content and materials, including any derivative use, requires express prior written permission from STARTER. 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. STARTER 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 STARTER Service by STARTER.
By using STARTER Service, or by accessing any materials posted on STARTER Service by STARTER, or derivative works thereof, you acknowledge that you do not acquire any ownership rights.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A GUEST OR SNS ACCOUNT (COLLECTIVELY, “GAME ACCOUNTS”), AND YOU 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 STARTER.
2. 2. Limited License
STARTER hereby grants you a personal, non-exclusive, non-transferable, and revocable limited license to use STARTER Service subject to the terms of STARTER Policy. You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under STARTER Policy, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
2. 3. Trades of Virtual Items and Virtual Currency
STARTER prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of STARTER Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in STARTER Service, unless expressly authorized by STARTER. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
3. Game account
3. 1. Guest Account
If you use STARTER Service without using your SNS Account, we will create and assign to your device an identifier that is similar to an account number (“Guest Account”). We will use the Guest Account information for providing customer support to any users who have not created a Game Account with their SNS Account.
PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORT OR MAY NOT USE VIRTUAL ITEMS OR VIRTUAL CURRENCY FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITH GUEST ACCOUNT.
3. 2. SNS Account.
We encourage you to create a Game Account using your SNS Account because such an account:
enables you to maintain your Game Account information even when you change your mobile device;
enables you to log-in when you are playing STARTER Games without creating further account.
When creating a Game Account, you may be required to provide STARTER with certain personal information. This information will be held and used in accordance with our Privacy Policy.
3. 3. Deactivating Your Game Account
You may freely delete your Game Account at any time by logging into the Game and clicking “Delete Account” button. You may also request us to delete your Game Account by contacting our customer support team. We will use commercially reasonable efforts to respond to your request.
4. User content
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 STARTER Service.
By transmitting, submitting, or posting any User Content while using STARTER 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 STARTER Service. STARTER 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 STARTER Policy.
You further acknowledge and agree that any of your personal information within such content will at all times be processed by STARTER in accordance with its Privacy Policy.
4. 2. License to Use User Content
You hereby grant STARTER a worldwide, royalty-free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through STARTER 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, STARTER 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 STARTER may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.
5. Fees and purchase terms
5.1.Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds, all for use in STARTER games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
STARTER may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. STARTER shall have no liability to you or any third party in the event that STARTER exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to STARTER, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in STARTER games is a service provided by STARTER that commences immediately upon acceptance by STARTER of your purchase.
5.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. STARTER may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT STARTER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
6. Your responsibility in using service
You agree that, while using STARTER Service, you will not, under any circumstances:
send, post, transmit or make available any material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
stalk, harass, threaten, or defraud other STARTER Service users or any members of STARTER support personnel;
use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of STARTER Service;
interfere with or disable any security-related features of STARTER Service, or any part thereof;
damage, disable, overburden, or impair STARTER Service, including, without limitation, by (a) sending, posting, transmitting or distributing anything that contains a virus, spyware, or other harmful material intended to damage or interfere with STARTER Service or (b) attempting to disrupt servers that relate to STARTER Service;
make improper use of STARTER’ support services, including, without limitation, by submitting false abuse reports;
misrepresent the source, identity, or content of information sent, posted, transmitted or made available via STARTER Service;
create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a STARTER official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of STARTER Service;
modify any part of STARTER Service without STARTER’ prior written consent;
send, post, transmit or make available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity;
buy, sell, trade, or advertise to sell any virtual currency or items or Game Account for commercial purposes;
send, post, transmit or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without STARTER’ prior written consent
develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs, or other “cheat utility” software programs or applications in violation of the applicable License Agreements;
exploit, distribute, or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage;
attempt to collect any personal information about any users or to disclose such information;
share the password of the Game(SNS) Account or other information that let anyone else access your Game Account.
access another STARTER Service user’s Game Account without permission;
assist, permit or encourage any party in engaging in any of the activities described in the above listing; and
use STARTER Service in any manner that may violate any applicable laws or regulations or is prohibited by STARTER Policy.
7. Third party advertising
STARTER may feature advertisements from third parties or provide links on STARTER Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of STARTER Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. STARTER makes 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 STARTER and may collect data or solicit personal information from you. STARTER is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
8. SMS, Push, Local & E-Mail notification
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.
Also, we may send e-mail to your e-mail account to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. If you do not want to receive our e-mail notification, please contact us.
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.
9. Copyright notice
9. 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 STARTER Games or STARTER branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to STARTER’ designated agent set forth below. For your notice to be effective, it must include the following information:
(a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
(d) 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
(e) Your physical or electronic signature.
The contact information of STARTER’ designated agent is as follows:
STARTER.LLC
Attn: VentureOffice 211, Samsung Campus, 51, Hoam-ro, Buk-gu, Daegu, Republic of Korea
Email: devilbookworld@startergames.com
9. 2. Counter Notification
If your User Content or other information has been taken down by the above-infringement notification, you may send STARTER’ designated agent a counter-notification that contains the following information:
(a) 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;
(b) 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;
(c) Your name, address, and email address; and
(d) 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.
10. User interactions
10. 1. Member Disputes
You are solely responsible for your interactions with other users of STARTER 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.
10. 2. Release
If you have a dispute with any users of STARTER 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.
11. Suspension & Termination of STARTER service
STARTER MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF STARTER SERVICE AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAIL TO COMPLY WITH ANY PORTION OF STARTER POLICY.
STARTER reserves the right to stop providing or supporting any part of STARTER Service or a particular game at any time either permanently or temporarily, at which point your license to use STARTER Service or a part thereof will be automatically terminated or suspended. In such an event, STARTER is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of STARTER Service.
12. Disclaimers & Indemnifications
12. 1. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF STARTER 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 STARTER NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “STARTER 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 STARTER 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 STARTER SERVICE, (e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH STARTER 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 STARTER SERVICE.
12. 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 STARTER 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 STARTER PARTIES, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD STARTER 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 STARTER PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO STARTER IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
12. 3. Indemnification
You agree to indemnify and hold harmless STARTER Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of STARTER Service, (b) any violation by you of STARTER Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.
STARTER may assume the defense of any matter for which you are required to indemnify STARTER by sending notice of such an intention to you. You shall use best efforts to cooperate with STARTER’ defense of these claims.
13. General provision
13. 1. Governing Law
The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to STARTER Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
13. 2. Dispute Resolution
If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within thirty (30) calendar days after the first contact occurs, either party may refer such a dispute in Seoul administered by the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.
All claims filed or brought contrary to Section 13.2. will be considered improperly filed. If you file a claim improperly, STARTER will be entitled to recover attorney fees and costs up to $1,000, provided that STARTER has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
13. 3. Entire Agreement
STARTER Policy is complete and exclusive understanding of you and STARTER relating to your use of STARTER Service, and supersede all prior understandings of the parties hereto.
13. 4. Language
The translation of the English language version of STARTER Policy is provided for informational purposes only and does not modify the English language version of STARTER Policy. If there is a conflict between the English language version of STARTER Policy and its translation, the English language version of STARTER Policy will control.
13. 5. No Waiver
The failure of STARTER to require or enforce strict performance by you of any provision of STARTER Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of STARTER’ right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by STARTER 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.
13. 6. Force Majeure
STARTER will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of STARTER, including, without limitation, any failure to perform under STARTER Policy due to unforeseen cause beyond STARTER’ 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
13. 7. Severability
You and STARTER agree that if any portion of these Terms of Service or of STARTER Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
Updated Date : July 15, 2021