Terms of Service ("TOS")
Effective Date: DECEMBER 08, 2022
These terms of service ("TOS") apply to you and BluePotion Games Games Co., Ltd. address 2F, Teheran-ro 309, Gangnam-gu, Seoul, Republic of Korea, ("BluePotion Games" regarding your use of BluePotion Games games, websites, discussion forums and related services ("Services". Use of the Services is also governed by BluePotion Games's Privacy Notice available at [PRIVACY POLICY], which is incorporated by reference.
For United States residents, these TOS contain a binding arbitration clause in Article 8 and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section 8, you agree that any disputes arising between you and BluePotion Games will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 14 or older. If you are between the ages of 14 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.
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.
Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.
If you access the Services from a social networking site ("SNS", such as Facebook, you agree to comply with its terms of service as well as these TOS.
BluePotion Games may issue additional policies related to specific components of the Services (including, but not limited to, forums, contests, sweepstakes or loyalty programs). Your right to use the Services is subject to such relevant policies and these TOS.
1. Acceptance to the Terms of Service
Subject to these TOS, BluePotion Games hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
2. Limited License Grant
Except as previously set forth, you do not receive any other license. BluePotion Games retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without BluePotion Games's prior written consent. BluePotion Games reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from BluePotion Games or third parties.
3. Purchases in the Services
BluePotion Games may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items". Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
BluePotion Games may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
When using any virtual goods in the game, the paid goods will be consumed first.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither BluePotion Games nor any other person or entity has any obligation to exchange Virtual Items for anything of value. BluePotion Games is not liable for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
By law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that BluePotion Games is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary.
If you ask for your personal data to be deleted as described in BluePotion Games's Privacy Notice, you will permanently forfeit all of your Virtual Items without the right to refund, as BluePotion Games will no longer be able associate such Virtual Items with you.
4. Code of Conduct
You agree that you will not, under any circumstances:
Comply with the terms and conditions of third-party mobile platform providers, such as Apple and Google, from whom you download BluePotion Games Services, including the terms regarding payment for In-App purchases made through the platform.
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 BluePotion Games, 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 BluePotion Games 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 BluePotion Games 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 BluePotion Games, or to obtain any information from the Services using any method not expressly permitted by BluePotion Games.
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 BluePotion Games deems to conflict with the spirit or intent of the Services or make improper use of BluePotion Games´s support services.
5. Third-Party Services
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which BluePotion Games is not a party.
6. Accounts and Login Information
Certain elements of the Services may enable you to create an account or otherwise register with the Services ("Account". You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information". You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. BluePotion Games may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.
BluePotion Games reserves the right to delete your Account if BluePotion Games observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
7. User Contributions
The Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively "User Contributions".
In exchange for use of the Services, you hereby grant BluePotion Games a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BluePotion Games's and other players??use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to BluePotion Games, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.
BluePotion Games, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (ex: game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission ("Unsolicited Content". Please do not submit any Unsolicited Content to BluePotion Games or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by BluePotion Games without compensation to you or any third party and you grant BluePotion Games a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
8. User Interactions
BluePotion Games assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. BluePotion Games does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. BluePotion Games may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.
BluePotion Games reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time BluePotion Games chooses, at its sole discretion, to monitor the Services, BluePotion Games nonetheless assumes no responsibility for content made available by users of the Services, and BluePotion Games assumes no obligation to modify or remove any inappropriate content.
9. Suspension and Termination of Account and Service
Without limiting any other remedies available to BluePotion Games, if BluePotion Games believes that you are in breach of these TOS, BluePotion Games reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services. And purchased virtual items associated with your use of the service, and BluePotion Games is under no obligation to compensate you for any such losses or results.
10. Disclaimer of Warranties
To the fullest extent permissible under applicable law, the Services are provided to you "AS IS," without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. BluePotion Games does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. BluePotion Games does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by BluePotion Games, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
11. Limitations of Liability
In no way will BluePotion Games be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not BluePotion Games has been advised of the possibility of such damages. For purposes of Article 11 "Limitations of Liability," BluePotion Games's licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
In no way will BluePotion Games's total aggregate liability arising out of or in connection with these TOS, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items; or (ii) one hundred euros (100 EUR). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between BluePotion Games and you.
Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
You agree to indemnify, defend and hold BluePotion Games (and BluePotion Games ´s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
12. Copyright and DMCA
If you believe the Services or any of its content infringes your copyrights, email to: bpgames_cs@bluepotion.co.kr. Notices sent to the specified address will reach BluePotion Gamesss agent.
13. Links to Third-Party Sites
BluePotion Games may link to third-party websites or services from the Services. You understand that BluePotion Games makes no promises regarding any content, goods or services provided by such third parties and, you understand BluePotion Games does not endorse them. BluePotion Games is also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand BluePotion Games's Privacy Notice does not apply in relation to such data.
14. Changes to these TOS
BluePotion Games reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant BluePotion Games policies at any time by posting the amended terms on the 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, the BluePotion Games Privacy Policy, or any other BluePotion Games policy, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service. By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
15. Governing Law/Jurisdiction
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 BluePotion Games, 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.
16. Assignment, Severability and Entire Agreement
BluePotion Games may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Notice without BluePotion Games's prior written consent, and any unauthorized assignment and delegation by you is void.
If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. BluePotion Games's failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
This TOS and Privacy Notice set out the entire agreement between you and BluePotion Games regarding the Services and supersede all earlier agreements and understandings between you and BluePotion Games.
Any failure by BluePotion Games to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of BluePotion Games.
If you have any questions about these TOS, please contact bpgames_cs@bluepotion.co.kr