TERMS OF SERVICE (Last Update 17,01,2022)
The purpose of this agreement (“Terms of Service”) is to govern the relationship between you and Trimindsgame Corporation (hereinafter “Trimindsgame”,”we”, “our”, or “us”) regarding your use of games and the other services through devices.
1.2 Effect and Change of Terms of Service
1) Terms of Service becomes effective upon installation, use, and access the game and/or service.
2) You agree that the periodical check for changes on Terms of Service indicates your agreement to Terms of Service. We are not responsible for any damage to the users caused by not acknowledging the changes on Terms of Service.
3) In the event of amendment to Terms of Service, Trimindsgame shall notify and check the user’s agreement to the amendment to Terms of Service. If the notice for the request on consent or reject to the amendment has been sent and no response from the users, it may consider as the consent.
4) If the user does not agree to the amendment, Trimindsgame or the user may terminate the contract of using the service.
1.3 Other Applicable Rules
It shall be construed in accordance with Act On The Consumer Protection In Electronic Commerce, Act On The Regulation Of Terms And Conditions, Game Industry Promotion Act, Act On Promotion Of Information And Communications Network Utilization And Information Protection, Content Industry Promotion Act and other relevant laws.
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using our game client, and the game clients and server software) are owned by us. We reserve all rights, including without limitation, all intellectual property rights, or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TRIMINDSGAME.
We own, has licensed, or otherwise have rights to use all the content that appears in the Service or in our games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the items, content, features, goods, services, or currency appearing or originating in any our game, whether earned in a game or purchased from us, or any other attributes associated with an Account or stored on the Service.
3. USING THE SERVICE
3.1 Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant our policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
1) You accept full responsibility for any unauthorized use of the Service such as any use of your credit card or other payment instrument by minors.
2) You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by us, or previously been banned from playing any our game.
3) You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
3.1.1 Login information and Your Account
You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. We reserve the right to remove or reclaim any usernames at any time and for any reason. The Service supports only one account per game on a supported device.
3.1.2 Use Limitations
Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law. Therefore, you agree that you will not, under any circumstances:
1) Engage in any act that We deem to be in conflict with the spirit or intent of the Service or make improper use of our support services.
2) Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any game or game experience.
3) Modify or cause to be modified any files that are a part of the Service or any game without our express written consent.
4) Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing our games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
5) Disrupt, overburden, or aid or assist in the disruption or overburdening (directly or indirectly) of any computer or server used to offer or support the Service or any our game environment.
6) Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
7) In the event of circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
8) Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by us.
9) Post any information that is violent, abusive, threatening, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
10) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including our employees, including our customer service representatives.
11) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including our employees.
12) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used for a specific purpose.
13) Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service.
14) Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
15) Use any our game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
We reserve the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We reserve the right to take action as a result, which may terminate your Account and prohibit you from using the Service in whole or in part.
3.2 User Content
3.2.1 Content Screening
We assume no responsibility for the conduct of any user submitting any User Content, and assume no responsibility for pre-screening and monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk. You may be exposed to User Content that is offensive, indecent or otherwise not live up to your expectations. We reserve the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content.
3.2.2 User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or our games. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims.
4. PAYMENT OF FEES AND REFUND
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use below:
Virtual currency, including but not limited to virtual cash, coin or gems, all for use in our games;
Virtual in-game items, content or features; and
Other goods or services (“Virtual Items”)
You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
We may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. We shall have no liability to you or any third party in the event that we exercise any such rights.
The sell, purchase, redeem or otherwise transfer to any person or any third party, or entity or attempt any of the aforesaid of Virtual Items is prohibited except where expressly authorized in the Service.
The Virtual Items for use in games is a service provided by us that becomes valid immediately upon acceptance by us of your purchase.
4.2 Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. We may revise the pricing for the Virtual Items offered through the Service at any time.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
5. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
WITHOUT LIMITING ANY OTHER REMEDIES, TRIMINDSGAME MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU FOR THE CASES BELOW:
IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE;
IF YOU CREATE RISKS OR POSSIBLE LEGAL LIABILITIES;
FOR ANY INFREINGEMENT OF THE THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR
FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE
YOU ACKNOWLEDGE AND AGREE THAT YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
We reserve the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
6. PRIVACY AND USE
You take responsibility and agree to indemnify, defend and hold Trimindsgame (and our 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 Service, or any breach by you of these Terms of Service.
8. DISPUTE RESOLUTION
8.1. Informal Dispute Resolution
Disputes arising between Trimindsgame and the user in relation to the Terms of Service shall be amicably resolved by agreement between the two parties. For U.S. and Canadian residents, You must try to informally resolve any dispute directly with us for at least thirty (30) days before you start an arbitration.
8.2 Arbitration Agreement
If a lawsuit is filed due to unresolved the dispute in 8.1, you agree that it shall be construed in accordance with the laws of South Korea and without regard to any conflict of law principles, any claim for breach of Terms of Service shall be governed by the laws of South Korea. All other claims, including claims related to consumer protection laws/unfair competition laws, and claims due to negligence and tort, are governed by the laws of your country of residence. In the event of a dispute between the parties relating to Terms of Service, the jurisdiction of the courts of South Korea shall govern, unless the laws of the country of residence of the user provide for the choice of the courts of the country of residence to settle such dispute.
9. FORCE MAJEURE
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of us, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions about these Terms or our services, please contact us at firstname.lastname@example.org.
We are not responsible for matters not specified in this agreement in principle. This agreement is enacted on January 17, 2022 and is effective from January 17, 2022.