LobStar Games Terms of Service (“Agreement”)
These terms of
service (“Terms”, “Agreement”) apply to your access and use of LobStar Games
Corporation (“LobStar Games”)’s games, websites and other services (the
“Service”). Please read them carefully.
Accepting these Terms
If you access or
use the Service, it means you agree to be bound by all of the terms below. So,
before you use the Service, please read all of the terms. If you don’t agree to
all of the terms below, please do not use the Service.
You agree you are
over 13 years old. If you are between 13 and 18 years old, you need to review
and agree by your legal guardian (like parents).
This Agreement sets
forth the legal terms for your use of the Service that are made available via
the Apple App Store, Google Play, Amazon Appstore, Facebook and/or any related
services related to our games.
Also, if a term
does not make sense to you, please let us know by support@lobstargames.com
Changes to these Terms
We reserve the
right, at our sole discretion, to modify or replace these Terms of Service by
posting the updated terms on the Service at any time. Your continued use of the
Service after any such changes constitutes your acceptance of the new Terms of
Service.
Please review this
Agreement periodically for changes. If you do not agree to any of this
Agreement or any changes to this Agreement, do not use, access or continue to
access the Service or discontinue any use of the Service immediately.
Privacy Policy
For information
about how we collect and use information about users of the Service, please
check out our privacy policy available at https://www.lobstargames.com/p/privacy-policy.html
Third-Party Services
From time to time,
we may provide you with links to third party websites or services that we do
not own or control. Your use of the Service may also include the use of
applications that are developed or owned by a third party. Your use of such
third party applications, websites, and services is governed by that party’s
own terms of service or privacy policies. We encourage you to read the terms
and conditions and privacy policy of any third party application, website or
service that you visit or use.
Accounts
When you create an
account or use another service to log in to the Service, you agree to maintain
the security of your password and accept all risks of unauthorized access to
any data or other information you provide to the Service.
You understand that
if you delete your account, or if we delete your account in accordance with
these terms, you may lose access to any data previously associated with your
account (including, without limitation, the level or score you have reached in
our Games and any Virtual Money or Virtual Goods associated with your account).
You acknowledge and
agree that you shall have no ownership or other property interest in any
account that you create using any of our services. We may suspend, terminate,
modify or delete any of these accounts at any time for any reason or no reason,
with or without notice to you.
If you discover or
suspect any Service security breaches, please let us know as soon as possible.
Virtual Goods and Virtual Money
Our Games may
include virtual currencies such as coin and gems (“Virtual Money”) or items or
services for use with our Games (“Virtual Goods”). If you are over 18 years old
you may be able to buy Virtual Goods or Virtual Money. You agree that once
purchased Virtual Money and Virtual Goods have no monetary value and can never
be exchanged for real money, real goods or real services from us or anyone
else. You also agree that you will only obtain Virtual Money and/or Virtual
Goods only from us, and not from any third party. You agree that Virtual Money
and Virtual Goods are not transferrable to anyone else and you will not
transfer or attempt to transfer any Virtual Money or Virtual Goods to anyone
else.
The balance of
virtual goods or virtual currency does not contain real value. The user agrees
that the sales of all virtual currencies and goods are final and that the
company does not make refunds once the transactions are complete. When a user
purchases virtual goods or currencies from the company, the delivery of goods
will be carried out as soon as the purchase is complete and thus, the user
agrees that they forfeit the right to withdraw and cancel since they have
already received the benefits of the relevant virtual goods and/or currencies.
The company may
manage, regulate, change or remove the contents of all virtual currencies or
goods without being held liable by the user.
When the company
stops or terminates the user’s account without limits to its contents according
to the Terms and Conditions of the company, the user will lose all of the
virtual currencies and goods they hold and the company will not make a refund
and compensate for the loss.
Refund Policy
You can request for
a purchase withdrawal if you have purchased any virtual goods or currencies in
cash within the last 7 days and if they are completely unused. If you have
purchased them within the last 7 days but have used up part of them, then you
can no longer request for a purchase withdrawal.
Moreover, if you
have received any additional virtual goods together with those purchased and
part of such additional virtual goods have been used up, you are no longer able
to request for a purchase withdrawal.
In addition, if you
have received any virtual goods or currencies as a gift, you cannot request for
a purchase withdrawal for these or exchange them for cash.
Purchase
withdrawals can be made through our customer service (support@lobstargames.com) and it will be
returned to the same method you used to make the payment. When processing your
purchase withdrawal request, the virtual goods and currencies will be
collected, however, please understand that the time of refund will differ
according to the payment method used.
However, if there
was a fault with the virtual goods and currencies you received, you can make a
purchase withdrawal request within the 3 months of their purchase, or within
the 30 days from the date you knew or could know about the fault, whichever
comes first.
Your Content & Conduct
Our Service may
allow you and other users to post, link and otherwise make available content.
You are responsible for the content that you make available to the Service,
including its legality, reliability, and appropriateness.
When you post, link
or otherwise make available content to the Service, you grant us the right and
license to use, reproduce, modify, publicly perform, publicly display and
distribute your content on or through the Service. We may format your content
for display throughout the Service, but we will not edit or revise the
substance of your content itself.
Aside from our
limited right to your content, you retain all of your rights to the content you
post, link and otherwise make available on or through the Service.
You can remove the
content that you posted by deleting it. Once you delete your content, it will
not appear on the Service, but copies of your deleted content may remain in our
system or backups for some period of time. We will retain web server access logs
and then delete them.
You may not post,
link and otherwise make available on or through the Service any of the
following:
·
Content that is libelous, defamatory,
bigoted, fraudulent or deceptive;
·
Content that is illegal or unlawful, that
would otherwise create liability;
·
Content that may infringe or violate any
patent, trademark, trade secret, copyright, right of privacy, right of
publicity or other intellectual or other right of any party;
·
Mass or repeated promotions, political
campaigning or commercial messages directed at users who do not follow you
(SPAM);
·
Private information of any third party
(e.g., addresses, phone numbers, email addresses, Social Security numbers and
credit card numbers); and
·
Viruses, corrupted data or other harmful,
disruptive or destructive files or code.
·
Also, you agree that you will not do any of
the following in connection with the Service or other users:
·
Use the Service in any manner that could
interfere with, disrupt, negatively affect or inhibit other users from fully
enjoying the Service or that could damage, disable, overburden or impair the
functioning of the Service;
·
Impersonate or post on behalf of any person
or entity or otherwise misrepresent your affiliation with a person or entity;
·
Collect any personal information about
other users, or intimidate, threaten, stalk or otherwise harass other users of
the Service;
·
Create an account or post any content if
you are not over 13 years of age years of age; and
·
Circumvent or attempt to circumvent any
filtering, security measures, rate limits or other features designed to protect
the Service, users of the Service, or third parties.
Intellectual Property
We put a lot of
effort into creating the Service including, the logo and all designs, text,
graphics, pictures, information and other content (excluding your content).
This property is owned by us or our licensors and it is protected by U.S. and
international copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws. We grant you the right to use it.
However, unless we
expressly state otherwise, your rights do not include: (i) publicly performing
or publicly displaying the Service; (ii) modifying or otherwise making any
derivative uses of the Service or any portion thereof; (iii) using any data
mining, robots or similar data gathering or extraction methods; (iv)
downloading (other than page caching) of any portion of the Service or any
information contained therein; (v) reverse engineering or accessing the Service
in order to build a competitive product or service; or (vi) using the Service
other than for its intended purposes. If you do any of this stuff, we may
terminate your use of the Service.
Hyperlinks and Third Party Content
You may create a
hyperlink to the Service. But, you may not use, frame or utilize framing
techniques to enclose any of our trademarks, logos or other proprietary
information without our express written consent.
LobStar Games makes
no claim or representation regarding, and accepts no responsibility for third
party websites accessible by hyperlink from the Service or websites linking to
the Service. When you leave the Service, you should be aware that these Terms
and our policies no longer govern.
If there is any
content on the Service from you and others, we don’t review, verify or
authenticate it, and it may include inaccuracies or false information. We make
no representations, warranties, or guarantees relating to the quality,
suitability, truth, accuracy or completeness of any content contained in the
Service. You acknowledge sole responsibility for and assume all risk arising
from your use of or reliance on any content.
Unavoidable Legal Stuff
The service and any
other service and content included on or otherwise made available to you
through the service are provided to you on an as-is or as-available basis
without any representations or warranties of any kind. We disclaim any and all
warranties and representations (express or implied, oral or written) with
respect to the service and content included on or otherwise made available to
you through the service, whether alleged to arise by operation of law, by
reason of custom or usage in the trade, by course of dealing or otherwise.
In no event will
LobStar Games be liable to you or any third party for any special, indirect,
incidental, exemplary, or consequential damages of any kind arising out of or
in connection with the service or any other service and/or content included on
or otherwise made available to you through the service, regardless of the form
of action, whether in contract, tort, strict liability or otherwise, even if we
have been advised of the possibility of such damages or are aware of the
possibility of such damages. Our total liability for all causes of action and
under all theories of liability will be limited to the amount you paid to
[developer name]. This section will be given full effect even if any remedy
specified in this agreement is deemed to have failed of its essential purpose.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
Limited License
LobStar Games
grants you a non-exclusive, non-transferable, limited license to use the
Service in accordance with this Agreement.
Limitation Of Liability
In no event shall LobStar
Games, nor its directors, employees, partners, agents, suppliers, or
affiliates, be liable for damages, direct or consequential, resulting from your
use of the Service, and you agree to defend, indemnify and hold us harmless
from any claims, losses, liability costs and expenses, including but not
limited to attorney’s fees, arising from your violation of any third-party’s
rights.
Warranty Disclaimer
Your use of the
Service is at your sole risk. The Service is provided on an “as is” and “as
available” basis. The Service is provided without warranties of any kind,
whether express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, non-infringement or
course of performance.
LobStar Games, its
subsidiaries, affiliates, and its licensors do not warrant that a) the Service
will function uninterrupted, secure or available at any particular time or
location; b) any errors or defects will be corrected; c) the Service is free of
viruses or other harmful components; or d) the results of using the Service
will meet your requirements.
Copyright Complaints
We take
intellectual property rights seriously. In accordance with the Digital
Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a
policy of terminating, in appropriate circumstances and, at our sole
discretion, access to the service for users who are deemed to be repeat
infringers.
Governing Law
This Agreement (and
any further rules, policies, or guidelines incorporated by reference) shall be
governed and construed in accordance with the laws of Gyeonggi-do, Republic of
Korea, without giving effect to any principles of conflicts of law.
Termination
We may terminate
your access to the Service, without cause or notice, which may result in the
forfeiture and destruction of all information associated with you. All
provisions of this Agreement that by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity, and limitations of liability.
Entire Agreement
These Terms
constitute the entire agreement between you and LobStar Games regarding the use
of the Service, superseding any prior agreements between you and LobStar Games
relating to your use of the Service.
Feedback
Please let us know
what you think of the Service, these Terms and, in general, Games. When you
provide us with any feedback, comments or suggestions about the Service, these
Terms and, in general, Games, you irrevocably assign to us all of your right,
title and interest in and to your feedback, comments and suggestions.
Questions & Contact Information
Questions or
comments about the Service may be directed to us at support@lobstargames.com