1.2. Eligibility of User. Natural persons as opposed to any kinds of legal entities shall have the right to create an account. By accessing, using and/or submitting content or messages to or through our Services, you represent and agree that you have the legal capacity to agree to accept these Terms in the jurisdiction where you reside. You agree to comply with these Terms on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to use our Services using your account. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with these Terms and all other policies, notices and/or agreements.
1.3 Parental Control Information. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information on such protection is available at sites such as www.getnetwise.org. The preceding website is provided for information purpose only, and Beatrain is not affiliated with www.getnetwise.org. This is not intended as an endorsement of www.getnetwise.org’s site, services, or policies.
2. About Accessing and Using Our Services
2.1. Limited License. Subject to your agreement and complete compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use our Services for your own personal and non-commercial use. You agree not to use our Services for anything else.
2.2. Revocation of Limited License, Change of Services. We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Money or Virtual Goods, without any liability to you. You understand and agree that you will not be compensated under any circumstances for any Virtual Money, Virtual Goods, anything else associated with your account, or for any other reason whatsoever, regardless of whether you are barred from access to them as a result of revocation of the limited license or change of our Services.
In addition, we reserve the right to change all or part of our Services without any liability to you, at any time without any prior notice to you. Without limiting the generality of our rights reserved in the foregoing, we may modify our Services: (a) for technical reasons (such as technical difficulties experienced by us or on the internet); (b) to allow us to improve user experience; (c) where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services); (d) because it no longer makes business sense for us to provide the relevant Service; or (e) because we have altered the Services we provide.
You understand and agree that you will not be compensated under any circumstances for any Virtual Money, Virtual Goods, anything else associated with your account, or for any other reason whatsoever, regardless of whether you are barred from access to them as a result of revocation of the limited license or change of our Services.
2.3. System Outage. There may also be times when our Services or any part of a Service is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. You agree that Beatrain has no responsibility and is not liable for unavailability of the Services or any part thereof, any loss of materials, data, transactions or any other information or materials caused by such system outages, or other losses whatsoever resulting from such system outage.
2.4. Game Rules. The specific game rules, scoring rules, controls and guidelines for each Services can be found within the Service itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Service which you choose to access and/or play.
2.5. Third Party Charges. You are responsible for the internet connection and/or mobile charges that you may incur for playing our Services. You should ask your mobile operator if you are unsure what these charges will be, before you play. In addition, we are not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions.
2.6. Equipment/ Internet. You are also responsible for obtaining and maintaining computer hardware, mobile phone device, communication device, equipment, operating system, data connection and services necessary for using the Service under Users’ own responsibility and at Users’ own expense.
3.1. User Log In. You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. For purposes herein, the term “log in details” means your user name, password, and other information used to access your account, and shall also include such log in details and account for any social network or third party platform that you may allow our Services to interact with.
3.2. Responsibility of Account User. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS CONFIDENTIAL AND ALL USES OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOGIN DETAILS, WHETHER NOT AUTHORIZED BY YOU. You may not use anyone else’s account or permit others to use your account at any time. You acknowledge and agree to accept full responsibility for all fees and purchases made through your account (including any unauthorized purchases) and agree to fully compensate us for any loss or harm that may result. Beatrain will not be responsible to you for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise.
3.4. Termination of Inactive Account. WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 180 days. In such event, you will no longer be able to access and/or use the Services using the terminated account. Any Virtual Money and/or Virtual Goods associated with the terminated account will also be deleted, and no refund will be offered to you with respected to such Virtual Money or Virtual Goods deleted.
3.5. Effect of Account Termination. You understand that if you delete your account, or if we terminate and/or 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 Services and any Virtual Money or Virtual Goods associated with your account).
4. Virtual Goods and Virtual Money
4.1. Our Services may include fictional currencies such as coins, gold coins and points (“Virtual Money”) and virtual items or services for use with our Services (“Virtual Goods”). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Virtual Goods for real money and/or other credits. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third party store used by us, and not from any third party. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, in our sole discretion.
4.2. You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use such virtual items exclusively within the Services – any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title or ownership with respect to Virtual Money or Virtual Goods. YOU ACKNOLWEDGE AND AGREE THAT VIRTUAL MONEY OR VURTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE.
4.3. You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our services begins and completes promptly, and therefore your right of withdrawal is lost at this point.
4.4. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you.
5. User Conduct and Content
5.1. You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from playing our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing our Services.
5.2. You promise that all the information you provide to us while accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3. Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services, including through third party platforms, by you or another user (“Content”). Such Content may be redistributed by us or others through the Services or through third party platforms. You understand and agree that all Content that you may post or transmit when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4. You agree not to upload, communicate, transmit or otherwise make available any Content (a) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; (b) that is or could reasonably be viewed as invasive of another’s privacy; (c) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; (d) which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); (e) which infringes any intellectual property right or other proprietary right of others; (f) which consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or (g) which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5. You agree that you will not: (a) use our Services to harm anyone or to cause offence to or harass any person; (b) use another person or entity’s email address in order to sign up to use our Services; (c) use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services); (d) disguise, anonymize or hide your IP address or the source of any Content that you may upload; (e) use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; (f) remove or amend any proprietary notices or other ownership information from our Services; (g) interfere with or disrupt our Services or servers or networks that provide our Services; (h) attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us; (i) harvest, scrape or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms); (j) sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Money or Virtual Goods; (k) disrupt the normal flow of a Service or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Services, or engaging in real time exchanges; (l) disobey any requirements or regulations of networks connected to our Services; (m) use our Services in violation of any applicable law or regulation; (n) use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or (o) use our Services in any other way not permitted by these terms.
5.6. We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7. We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that play our Services and we make no undertaking to do so.
5.8. You are solely responsible for your interactions with other users of our Services.
6. Using our Services against opponents
6.1. Some of our Services allow you to compete with or against another User. You may be able to choose to (i) play against another User whom we selects for you, or (ii) play against one of your contacts from a social network (such as Facebook) or other third party platform that you have allowed our Services to access and interact with. Some of Services may also allow you to search for your friends (for example, by your friend’s email address). We may also display the display names of your past opponents so that you can easily find them to play again.
6.2. Where we selects an opponent for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or level you have reached in the Service).
6.3. By accessing and/or using those of our Services which allow you to use against an opponent, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching your display name and unique ID.
7.1. We reserve the right to suspend or terminate your access to our Services (including by deleting your account) and revoke your limited license granted herein, without or without prior notice to you, at any time for any reason or for no reason.
7.2. Without limiting the generality of Section 7.1, if we believe that you are in material breach of these Terms (including by repeated minor breaches), we may terminate and delete your account without warning. We may also terminate or suspend your account for any other reason that we in our sole discretion determine appropriate. For the purposes herein, any breach of Sections 5.4 or 5.5 shall be deemed to constitute material breaches of these Terms subject to immediate termination of your account and access to our Services.
7.3. You agree to compensate us for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
8. Disclaimer and Release
8.1. Disclaimer of Warranties. THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE PROVIDED “AS IS” AND WITH NO REPRESENTATION OF WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES AND OUR SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARARY, PUNITIVE OR OTHER DAMAGES ARISING OUR OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES AND/OR ANY HYPERLINED WEBSITE.
Although we attempt to ensure the integrity and accurateness of the Services, we make no guarantees whatsoever as to the correctness or accuracy of the Services, or that your use of the Services will be uninterrupted, error-free, or secure, or that errors or defects will be corrected, or that the Services, the server(s) on which the Services are hosted, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
8.2. Limitation of Liability. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THOSE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU IN THE 100 DAY PERIOD ENDING ON THE DATE OF YOUR CLAIM.
8.3. Statute of Limitation. Any claim or cause of action arising out of or related to use of the Services, including any Services or information available through third party platforms, or the Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
8.4. We are not responsible and expressly disclaim any liability for any transactions administered by a third party payment service provider and/or store.
9. Intellectual property
9.1. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
9.2. All pages within the Website and any material made available through Services are the property of Beatrain and/or its affiliates. The Website and the Services are protected by federal and international copyright and trademark laws. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing. All rights not expressly granted by these Terms are reserved by Beatrain.
9.3. In particular, and without limiting the application of paragraph 10.2, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
9.4 The trademarks, trade names, trade dress, logos, and service marks displayed in the Services or any third party platform, including but not limited to “Beatrain” are the registered and/or unregistered trademarks of Beatrain. All other trademarks, service marks and logs used in the Services are the trademarks, service marks or logos of their respective owners.
9.5. By submitting Content via our Services you: (a) are representing that you are fully entitled to do so; (b) grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, edit, adapt, modify, host, store, publish, create derivative works of, publicly perform, display, market, advertise and sell your Content and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; (c) acknowledge that you may have what are known as “moral rights” in the Content (for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment), and agree to waive any such moral rights you may have in the Content; and (d) agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
9.6. You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other User of our Services.
9.7. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. If you believe in good faith that materials hosted by us infringe your intellectual property rights have been infringed, then please contact us by accessing the Customer Center in our Services and provide the following information:
(a) a description of the intellectual property rights in reasonably sufficient details and an explanation as to how they have been infringed;
(b) a description of the infringing material and where the infringing material is located;
(c) your address, phone number and email address at which we can contact you;
(d) a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(e) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
10.3. You acknowledge that the Website and Services may not be private or secure, and we may no guarantees whatsoever. You are responsible for taking necessary and appropriate precautions and security measures bested suited for your use of the Services.
We may provide links to third party websites or services within our Services sorely as a convenience to you. You understand that we do not control any contents, goods or services by such third party. We do not make any representations or warranties whatsoever about any other website that you may access through our Services, and we do not endorse the same. Access and use of the linked site or services is solely at your own risk and responsibility, and you acknowledge and agree that we are not responsible or liable to you, directly or indirectly, for any losses or harm caused by your use of the linked website or services, and any contents, information, advertisement, or other links therein.
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefor. However, we may transfer or assign all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent and without any restriction.
14. Non-excluded liabilities
Notwithstanding Section 8, nothing in these Terms limits our liability for fraud, willful injury or violation of law, or any other liability which may not by law be excluded.
You agree to indemnify, defend and hold harmless Beatrain, its officers, directors, affiliates, parents, subsidiaries, partners, employees, consultants, representatives, and agent from and against any and all liabilities, claims, losses, damages, expenses, and costs (including reasonable attorneys’ fees and court costs) that may arise from any breach of these Terms by you, your access to and use of the Services.
16. Entire agreement
These Terms set out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all earlier agreements and understandings between you and us. A person who is not a party to these Terms has no right to rely upon or enforce any part of these Terms.
If any part of these Terms is held to be unlawful, void or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of these Terms shall remain valid and enforceable.
19. Waivers of Our Rights
Our failure or delay to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
20. Choice of Law and Forum.
The Terms are governed by and construed in accordance with the laws of the Republic of Korea without regard to its conflict of law provisions. You and Beatrain each agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms or the relationship between you and Beatrain, shall be brought exclusively in the courts located in Seoul, Korea. You and Beatrain agree to submit to the personal jurisdiction of the courts located Seoul, Korea, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
The provisions of Sections 2.2, 2.3, 2.5, 3, 4, 5.3, 7, 8, 9, 15, 16, 17, 18, 19, and 20, and all representations by you hereunder, will survive any termination of these Terms.
22. Questions about the Terms
If you have any questions about these terms or our Services you may contact us via Customer Center provided within the Services, or at:
Beatrain Co., Ltd.
Support e-mail: firstname.lastname@example.org