TERMS OF USE

TERMS OF USE

Last updated: December 29, 2019

The terms of this agreement (“Terms of Use”) govern the relationship between You and OOPEE Limited("OOPEE") regarding Your use of OOPEE’s games and related services (“Service”), including all information, text, graphics, software, and services, available for Your use.

OOPEE is a developer and publisher of games/applications and mobile game/applications that are made available via app stores including the Apple Application Store and Google Play Store.

By using this Service offered on it, downloading any software, as well as by downloading any of OOPEE’s applications (the "App" or "Apps") from app stores, you are agreeing to be bound by these terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using the App. The materials contained in this App are protected by applicable copyright and trademark law.

1. End-User License Agreement

Permission is granted to temporarily download one copy of the materials (information or software) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Service;
  • Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
  • Access Service in order to build a similar or competitive service or application;
  • Copy, reproduce, distribute, republish, download, display, post or transmit part of Service in any form or by any means except as expressly stated herein;
  • Remove or destroy any copyright notices or other proprietary markings contained on or in Service. Any future release, update, or other addition to functionality of Service (including in-app purchases in App (Virtual items and Virtual Currency, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Apps content must be retained on any copies.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by OOPEE at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Ownership

Service provided to You is licensed to You and not sold.

OOPEE (and its licensors, where applicable) own all rights, title and interest, including without limitations any Apps, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by OOPEE and/or received or made available while using the Apps and all related intellectual property rights, in and to Service.

3. Copyright

Copyright, trademarks, and all other proprietary rights shown in Service (including, but not limited to, software, services, text, graphics, and logos) are reserved to OOPEE. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the website, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of OOPEE is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

4. In-Game Currencies and Goods

OOPEE’s Apps include virtual in-game currency ("Virtual Currency"), such as coins, cash, and/or diamonds, that can be purchased for real money and in turn used to purchase virtual in-game items ("Virtual Items").

Virtual Currency and Virtual Items are not sold but licensed to You, You are granted a limited, personal, non-transferable, non-sublicensable and revocable license for non-commercial use.

All Virtual Currency and Virtual Items transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency and Virtual Items, You are bound by and agree to the third-party payment providers’ Terms of Use.

In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. The transfer of Virtual Currency or Virtual Items is prohibited except where expressly authorized in Service. Other than as expressly authorized in Service, You shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Items to any person or entity, including but not limited to OOPEE, another user or any third party.

OOPEE has no liability for hacking or loss of Your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

OOPEE may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. OOPEE may also revise the pricing for the goods and services offered through the Service at any time. OOPEE shall have no liability to You or any third party in the event that OOPEE exercises any such rights.

5. Third Parties

5.1 Application Stores

You acknowledge and agree that the availability of the App is dependent on the third party from which You received App, e.g., the Apple iPhone or Android stores ("Application Store"). You acknowledge that this Agreement is between You and OOPEE and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).

In the event of any failure of the App to conform to any applicable warranty, You may notify Application Store, and Application Store will refund the purchase price for the App to You in accordance with the Refund Policy accepted by the Application Store in question; and that, to the maximum extent permitted by applicable law, Application Store will have no other warranty obligation whatsoever with respect to the App.

You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and Your license to use Game is conditioned upon Your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using a Game. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.

5.2 Third-Party Services

OOPEE may permit certain third-party applications (like leaderboards, game networks) to provide content through the App ("Third Party Services"). The App may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When You do so, OOPEE will share information with the Third-Party Service as described in the OOPEE Privacy Policy. OOPEE is not responsible for and does not control Third-Party Services. OOPEE provides these Third-Party Services only as a convenience to You. OOPEE has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at Your own risk. When You access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.

5.3 Other Users

A Game may contain User Content provided by other users of the Game. OOPEE is not responsible for and does not control the User Content. OOPEE has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at Your own risk. Your interactions with other users are solely between You and the other user and we are under no obligation to become involved. You agree that OOPEE will not be responsible for any liability incurred as the result of any such interactions.

5.4 Release

You hereby irrevocably and unconditionally release and forever discharge OOPEE (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.»

6. Refunds

6.1 General provisions

All purchases and redemptions of Virtual Items and Virtual Currency made through Service are final and non-refundable. You acknowledge and expressly consent that the provision of Virtual Items and Virtual Currency for use in Service is a process that commences immediately upon purchase and You forfeit Your right of withdrawal once the performance has started.

You agree that OOPEE is not required to provide a refund for Virtual Items and Virtual Currency for any reason, and that You will not receive money or other compensation for unused Virtual Items and Virtual Currency, whether You lost license under this Agreement voluntary or involuntary.

However, You may address to Google Play Store or Apple App Store to receive a refund in accordance with their refund policies.

Please note that if You request Your personal data to be erased as specified in OOPEE's Privacy Policy, You will permanently and without a right to a refund lose all Your Virtual Items and Virtual Currency as OOPEE can no longer associate such Virtual Items and Virtual Currency with You.

You acknowledge that OOPEE 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 you delete your account or when you cease to use the App.

6.2 Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). Subscription provides access to dynamic content or services in the App on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the App ("Subscription Period"). Payment will be taken from Your iTunes or Google Play account ("Account") when You confirm the Subscription by available confirmation tools of the App.

Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the App. If You do not cancel the Subscription within such period, Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-day trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. OOPEE cannot cancel Your free-trial subscription if it has already been activated.

Subscription is automatically renewable, unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.

Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated.

Except when required by law, paid Subscription Fees are non-refundable.

OOPEE in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period.

You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.

7. Warranties and Disclaimers

All information, software, and service offered on this website are provided on an “as is” basis without warranties of any kind expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement, and those arising from course of dealing or usage of trade.

OOPEE does not warrant that you will be able to access or use of service at the times and locations of your choosing; that service will be uninterrupted or error-free; that defects will be corrected; ot that the games or service will be free of viruses or other harmful components.

OOPEE assumes no responsibility for errors or omissions in the information, software, or services referenced or linked to on this website.

In no case shall OOPEE be held liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions arising out of or in connection with the use or performance of OOPEE information) regardless of whether OOPEE has been advised of the possibility of such damages.

Downloading and using any of the software or service offered on the website is done at your own discretion and risk and you are solely responsible for all damage to your device system, loss of data, or other harm that results from such activities.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

8. Limitation on Liability

In no event shall OOPEE (or ITs suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or OOPEE's privacy practices, any game, even if OOPEE has been advised of the possibility of such damages. access to, and use of, any game are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom. notwithstanding anything to the contrary contained herein, OOPEE's liability to you for any damages arising from or related to this agreement or OOPEE’s privacy practices (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the amount you’ve paid OOPEE in the prior 12 months (if any). in no event shall OOPEE’s suppliers have any liability arising out of or in any way connected to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

9. Indemnity

You agree to defend, indemnify and hold harmless OOPEE (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to:

  • Your use of any Game
  • Your User Content
  • Your violation of this Agreement.

OOPEE reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify OOPEE and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of OOPEE. OOPEE will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

10. User Content

“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any Apps. You are solely responsible for Your User Content. You assume all risks associated with the use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that Your User Content does not violate the User Conduct provisions under section 10 hereof. You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by OOPEE. OOPEE is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of Your User Content if You desire.

We reserve the right (but have no obligation) to review any User Content in our sole discretion. At any time for any reason in our sole discretion with or without notice to You we may edit, refuse to post, or remove any User Content posted in the Apps or in any Apps-related sources that is deemed objectionable or violates these Terms or the spirit of these Terms at our sole discretion and determination. If You encounter something You find objectionable and in violation of these Terms, You can bring it to our attention by contacting us. You understand and agree that we are not responsible or liable for any Content generated by users of the Apps. This implies that users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the User Content they upload, communicate, transmit, and/or otherwise make available via our Games and Service.

By uploading, distributing, or otherwise using Your User Content with any Game, You automatically grant, and You represent and warrant that You have the right to grant to OOPEE an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, solely to display Your User Content in any App and Service.

If You provide OOPEE any feedback or suggestions (“Feedback”), You hereby assign to OOPEE all rights in the Feedback and agree that OOPEE shall have the right to use such Feedback and related information in any manner it deems appropriate. OOPEE will treat any Feedback You provide to OOPEE as non-confidential and non-proprietary. You agree that You will not submit to OOPEE any information or ideas that You consider to be confidential or proprietary.

11. User Conduct

You shall accept and abide by the following:

  • You agree not to use any Apps to upload, distribute, or otherwise use any User Content
    • That violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    • That is tortious, trade libelous, defamatory, false, or intentionally misleading,
    • That is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable,
    • That is harmful to minors in any way;
    • That constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
    • That violates of any law, regulation, or contractual obligations.
  • You agree not to use any Apps to
    • Upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
    • Collect information or data regarding other users, including e-mail addresses, post and/or make available to the public any other user’s personal information in the App and/or any App-related services without their consent (e.g., using harvesting bots, robots, spiders, or scrapers);
    • Disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps (e.g., a denial of service attack);
    • Attempt to gain unauthorized access to the App or servers or networks connected to Apps (e.g., through password mining);
    • Interfere with another user’s use and enjoyment of any Apps.
  • You acknowledge and agree that OOPEE may use built-in tracking features to obtain information regarding Your use of the Apps in order to improve the services we provide, and agree that such information is deemed to be User Content for all intents and purposes under these Terms.
  • You shall not
    • Improperly use OOPEE’s support services, including without limitation submission of false reports of abuse or misconduct by any party;
    • Disable, interfere with, or circumvent any security feature of the Apps or any feature that restricts or enforces limitations on the use of or access to the Apps or User Content;
    • Participate in any activities and/or perform any actions that, in OOPEE’s sole opinion, lead to, result in, or may result in an authorized user of the Apps being defrauded of Virtual Currency or Virtual Items that user has earned through authorized App and/or purchased in the Apps;
    • Sell OOPEE’s Apps or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or services of monetary value;
    • Engage in cheating or any other fraudulent activity deemed by OOPEE to be in conflict with the spirit of the Apps;
    • Use or take part in the use of any unauthorized third-party software designed to modify or interfere with Service and/or any OOPEE’s Apps;
    • Share Your password or any credentials You may use to access Your account with anyone;
    • Purchase, sell, rent, or give away Your account, or otherwise make available Your account to any third party;
    • Create an Account using a false identity or information, or on behalf of someone other than Yourself.

12. Modifications of this Agreement

OOPEE is entitled at any time to amend or supplement these Terms and any related provisions (e.g. OOPEE's Privacy Policy). OOPEE shall publish any amendments to these Terms on its website (www.oopee.com/) and may also use other means of notification (e.g. in-app, newsletter, pop-up). The date on which the latest update was made is indicated at the top of this document. We recommend that You print a copy of this Agreement for Your reference and revisit this web-page from time to time to ensure You are aware of any changes.

The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the App again after receiving notification of the amended terms and conditions.

If it so wishes, the user may otherwise terminate the Agreement.

13. Term and Termination

This Agreement runs for an indefinite term.

Either Party may terminate this Agreement at any time by giving 14 days notice (written or electronic communication, e.g. via e-mail, required). However, You may also terminate the User Agreement with immediate effect by deleting the App from Your device.

Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.

If we have reasonable ground to believe that You are in material breach of these Terms of Service, we may suspend Your access to our App and/or terminate this User Agreement. Your breach of Section 1, 10 shall be considered a material breach.

Upon expiry, You will no longer be able to access the App that was the subject matter of the User Agreement. Your in-app progress and any other App-related data will be deleted. Only if OOPEE continues to operate the App, You may again download the App whereby a new User Agreement will start to run. However, any App-related data cannot be restored.

We may

  • Suspend Your rights to use any Game, and/or any related service or
  • Terminate this Agreement at any time for any reason at our sole discretion with or without notice to You, including if we in good faith believe You have violated the User Conduct or any other provision of this Agreement. Without limiting the foregoing, OOPEE reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to OOPEE by the copyright owner or the copyright owner’s legal agent.

Upon termination of this Agreement, Your right to use the App will automatically terminate immediately without right to refund to You for Virtual Currency or Virtual Items acquired, developed during, or purchased in the Apps. You understand that any termination may involve deletion of Your User Content associated therewith from our live databases. OOPEE will not have any liability whatsoever to You for any termination of this Agreement, including deletion of Your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.2, 2, 3, 5, 6, 7, 8, 9, 10, and 13.

14. Accuracy of materials

The materials appearing within OOPEE could include technical, typographical, or photographic errors. OOPEE does not warrant that any of the materials on its website are accurate, complete or current. OOPEE may make changes to the materials contained on its website at any time without notice. However OOPEE does not make any commitment to update the materials.

15. Access

You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use this App. OOPEE does not guarantee that OOPEE's App is available in all geographic locations. You acknowledge that when You use OOPEE's App, Your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. You are solely responsible for any costs You incur to access this application from your mobile device and/or PC device. Your right to use OOPEE's App is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the services.

16. Governing Law

Except to the extent that:

  • Any applicable additional terms incorporated into these Terms provide differently, or
  • The applicable laws and regulations of your jurisdiction mandate otherwise, the Agreement and any dispute or claim arising out of or in connection with the Agreement will be governed by the laws of the Republic of Korea.

17. Contact Us

If you have any questions, complaints or claims with respect to our Services, please feel free to e-mail us at [support@oopee.com].