Ascend to ZERO TERMS OF SERVICE AND LICENSE AGREEMENT
Effective Date: September 9, 2024
These Terms of Service and License Agreement (“Terms” or “Agreement”), the Rules of Conduct, and our Privacy Policy apply to and govern your use of Ascend To Zero, which comprises the video game software (the “Game Software”); associated media, any software associated with the online mode of the video game (subject to any additional terms of service applicable to such online mode), and any and all copies of such software (collectively, the “Game”); and any printed materials, manuals, and any online or electronic documentation created for or in relation to the Game, and any and all copies of such materials (collectively, the “Documentation”) published by Flyway Games, Inc. (“Company,” “we”, “our,” or “us”). These Terms also apply to and govern your use of the services that support or are related to the Game (collectively, the “Services”).
“User”, “you”, or “player” means the person who uses the Game, the Documentation or Services by: (i) installing, accessing or using the Game Software; (ii) installing, accessing, or using the Game; or (iii) accessing or using the Documentation or Services. If you are a minor (i.e., below the age at which you can provide consent under the laws of your territory) and you choose to use the Game, the Documentation or Services, we must have valid consent from your parents or legal guardian.
BY INSTALLING THIS GAME, YOU AGREE TO BE BOUND BY THE TERMS IN THIS AGREEMENT, AS WELL AS THE RULES OF CONDUCT, AND OUR PRIVACY POLICY.
DO NOT INSTALL THIS GAME IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THE RULES OF CONDUCT, OR OUR PRIVACY POLICY.
PLEASE NOTE THE ARBITRATION AGREEMENT SET FORTH IN SECTION 11 AND THE CLASS ACTION WAIVER IN SECTION 14 BELOW, REQUIRES YOU TO, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATE ON AN INDIVIDUAL BASIS ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY OR THE GAME’S LICENSORS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THE CLASS ACTION WAIVER MEANS THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
IN ORDER TO USE THE GAME, THE DOCUMENTATION OR SERVICE ON SPECIFIC PLATFORMS OR DEVICES, YOU WILL ALSO BE REQUIRED TO ACCEPT AND COMPLY WITH ALL RULES OF EXTERNAL PLATFORMS OR DEVICES APPLICABLE TO THE GAME, THE DOCUMENTATION OR SERVICE, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY PLATFORM’S TERMS OF SERVICE AND PRIVACY POLICY. TO THE EXTENT THAT THE PROVISIONS OF THESE TERMS CONFLICT WITH THE PROVISIONS OF THE TERMS OR POLICIES OF THIRD-PARTY PLATFORMS, THESE TERMS SHALL GOVERN.
[Table of Contents]
Limited License
Amendments, Updates, and Patches
Prohibited Uses
Accessing the Game and Services
Ownership
Player-Created Content
Disclaimers
Limitation of Liability; Indemnification
Period and Termination
Transfer of Terms and Conditions
Grievance Handling and Dispute Resolution; Arbitration Agreement
Inadequacy of damages
Governing Law and Disputes
Class Action Waiver
Copyright Notice
Refund Policy
Other policies
Miscellaneous
Limited License
Subject to your agreement and compliance with these Terms, the Company and, as applicable, its licensors grant to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to download, install and use one (1) copy of the Game on one (1) computer, console, or similar device now known or hereafter devised (each, a “Device”) at any given time solely for your personal use (the “License”). Subject to Section 3(f) (consent to account transfer), the License shall be non-transferrable. All rights not specifically granted under this License are hereby reserved by the Company and, as applicable, by its licensors. The Game is licensed to you, not sold. This License does not give you any title or ownership in the Game and should not be construed as a sale or transfer of any intellectual property or other rights to the Game. The License shall terminate automatically if you fail to comply with these Terms. In such event, you must uninstall all copies of the Game and the Game Software. You may also terminate the License at any time by uninstalling the Game Software from your Devices (including any archival copies).
Subject to your agreement and compliance with these Terms and any limitations set by the respective platform from which You are accessing the Game, the Company and, as applicable, its licensors also grant to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to: (i) create live or recorded gameplay videos that leverage assets from the Game, such as images, video, sound effects, recordings, and in-game music (“Gameplay Videos”); and (ii) distribute such Gameplay Videos on websites that permit others to view such Gameplay Videos without any charge of any kind. For the avoidance of doubt, you may not license or sublicense your Gameplay Video to anyone else for a fee or any other commercial use without first receiving our written authorization to do so. You may not include in any Gameplay Video (nor anywhere linked near or on the same webpage as the Video) any content that is prohibited by us in these Terms or the Rules of Conduct. Any Gameplay Video must include the following prominent disclaimer either at the beginning of the Video or, if live-streaming, near the Video in a visible font: “This video is subject to the Game’s Terms of Service and was not endorsed or sponsored by Flyway Games, Inc.” We may terminate the limited license granted to you to create, distribute or otherwise make available a Gameplay Video for any reason (or for no reason at all) without notice or liability to you.
a) These Terms can be found at any time on the Game’s official website.
b) The Company may change or update these Terms in its sole discretion, and at any time, to the extent consistent with applicable laws and regulations.
c) Material changes to these Terms will be brought to your attention as Company may determine in its sole discretion. If any such future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you may terminate these Terms in accordance with Section 9 (Period and Termination) below and you will no longer be able to use, as applicable, the Game, the Documentation or Services. You are otherwise responsible for checking this page regularly to make note of any changes. Your continued use of the Game, the Documentation or Services after we have posted updated Terms means that you agree to the changes and updates to these Terms.
d) Company may provide updates, patches and other modifications to the Game that must be installed for the User to continue to play the Game properly or at all. Company may, as applicable, update, patch or modify the Game remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to Company the right to deploy and apply such patches, updates and modifications. All provisions of these Terms that refer to the Game shall also include all such patches, updates and modifications.
e) Company may upgrade, change, or terminate the Game, Game Software, the Documentation or Service, or it may discontinue offering any or all without further notice to you.
Company provides the Game, the Documentation and the Service to Users only for personal, non-commercial and entertainment purposes, as limited by these Terms. You agree not to violate any of these Terms. Violation of any portion of these Terms may lead to temporary or permanent suspension of your Account that you create with us in relation to the Game, the Documentation and the Service, if applicable, or your access to the Game, the Documentation or Services. Violation of any portion of these Terms may, in some instances, require an investigation by the Company (although Company is not obligated to do so or to monitor access to or use of the Game, the Documentation or Services), in accordance with these Terms. You agree to only use the Game, the Documentation and the Services, or any part of them, in a manner that is consistent with these Terms and you SHALL NOT, AND NOT ATTEMPT TO:
a) without written permission from Company, use, advertise or exploit in any manner the Game, the Documentation or the Services (in each case in whole or in part) for non-personal, commercial purposes;
b) use the Game, the Documentation or Services in connection with unauthorized software, applications, services, or Devices. Such use may be illegal, voids any warranty, and is a breach of these Terms;
c) without a separate, additional license from Company, use the Game or permit the use of the Game on more than one Device;
d) use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise allowed through normal operation of the Game (as it is intended to be played) or explicitly permitted by Company in writing;
e) make copies of the Game, the Documentation or the Services (in each case in whole or in part);
f) sell, rent, lease, license, distribute, upload to any Internet server or other website, or otherwise transfer any portion or copies of the Game, the Documentation or Services without the express prior written consent of Company which may involve the payment of a fee (for the Account and, separately, any digital assets); or attempt to access or search the Game, the Documentation or Services or download content from the Game, the Documentation or Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, or similar) other than software provided by Company or other generally available third-party web browsers.
g) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, the Documentation or Services (in each case in whole or in part) or infringe any patent, trademark, copyright or other proprietary rights, except as applicable law expressly permits, in which case any and all lawful modifications, adaptations, improvements, etc., and all copyrights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Company or, as applicable, its licensors on creation, in any event, and all moral rights (these include the right to be credited as the author of a work and the right to object to derogatory treatment of a work) therein shall be deemed waived (which means you will not be able to enforce your moral rights);
h) remove, disable, avoid, impair, descramble, or circumvent any security protections or any technical measures that control access to the Game, the Documentation or Services, or attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
i) upload, modify, share, display or publish any information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any Device resource;
j) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game, the Documentation or Services;
k) export or re-export the Game or Services or any copy or adaptation of the Game, the Documentation or the Service in violation of any applicable laws or regulations;
l) create data or executable programs that mimic the data or functionality in the Game, the Documentation or Services;
m) steal or publish information belonging to others (including but not limited to personal information or personal data, non-personal information, or payment information) without requisite consent or a license;
n) impersonate any person, including Company, our affiliates, our licensors, our designated partners, our designated representatives, or our employees;
o) harm the reputation of Company, our affiliates, our service providers or licensors, or the reputation of the Game, the Documentation or the Services;
p) post, link to, advertise, promote, or transmit anything relating to the Game, the Documentation or the Services in any form or through any media that is illegal, invasive of privacy, harmful, threatening, abusive, blasphemous, harassing, tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, pedophilic, libelous, obscene, hateful, racially or ethnically offensive, or relating to or encouraging money laundering or gambling, or upload, modify, share, display or publish any information that is harmful to minors;
q) take advantage of the Company or others by exploiting, deceiving or misleading others in any way (as determined in our sole discretion);
r) use the Game, the Documentation or Services (in each case in whole or in part) in a manner that is related to illegal activities or any action that negatively impacts the provision, delivery or support of the Game, the Documentation or Services;
s) exploit errors and bugs found while playing the Game, the Documentation or using the Services;
t) violate any applicable law, rule, or regulation in connection with your access or use of the Game, the Documentation or Services;
u) access or use the Game, the Documentation or Services for any purpose that is beyond the scope of the Game’s, the Documentation’s or the Services’ intended use (in Company’s sole judgment), such as tampering with, or using non-public areas of the Game, the Documentation or Services, the computer systems of Company or its providers, or the technical delivery systems of Company and its providers;
v) use, develop, advertise, trade, or distribute unauthorized programs, including but not limited to any programs that intercept communications in the Game between a game and a game server or between a Service and its server, or any unauthorized third-party programs or Devices that may affect the Game or normal game play or access to the Services (including but not limited to hacks, cheats, helpers, bots, scripts, trainers, automatic programs, automatic mouse, mouse with macro function, programs that collect or modify game data by reading the game memory, etc.).
w) disrespect or use offensive words, symbols, or other communication (determined by context and in Company’s sole discretion) towards others, including based on their race, gender, nationality or otherwise;
x) create nicknames that are offensive or provoke negative imagery;
y) manipulate the results of the Game in an unfair way or otherwise access or use the Game or Services in a manner that confers an unfair advantage or disadvantage to any player including yourself;
z) use someone else’s Account (or any other platform account) to access the Game, the Documentation or Services;
(aa) use IP proxying or other methods to disguise the location of your use or Device, whether to circumvent geographical restrictions on the use of the Game, the Documentation or Services or for any other purpose or in a way that violates these Terms;
(ab) use, display, mirror, or frame without our express written consent the Game or Services or any individual element within the Game, the Documentation or Services, the name or any trademark, logo or other proprietary information of Company, our affiliates, our service providers or licensors; or
(ac) encourage or enable any other individual to do any of the foregoing.
Any action which is not defined in these Terms that negatively impacts the delivery of the Game, the Documentation or Services, or that negatively affects other players, may be subject to warning and penalty, including termination of the License granted to you herein.
Furthermore, you agree that you shall abide by any safety information, security instructions, required updates, or any other relevant notices contained on the Game’s official website, in the Game’s manual, or otherwise associated with the Game, the Documentation or Services.
The accessibility of the Game, the Documentation and Services may be subject to the Company shutting them down, in whole or in part, for any period the Company deems appropriate to enable the update or technical maintenance of the Game, the Documentation or Services, or any other action that the Company determines in its sole discretion. The availability of the Game, the Documentation and Services may also be subject to your geographic location. The Company may make amendments to the Game, the Documentation and Services or restrict access (including cancellation, termination, modification or suspension of a User’s Account or License) by all or specific Users without notice and in its sole discretion.
The License confers to you no title or ownership in the Game, including any in-game items, the Documentation, or Services, and it should not be construed as a sale of any rights in the Game, the Documentation or Services.
You agree and acknowledge that all rights, title, and interest, including intellectual property rights in and connected with the Game, the Documentation and the Services and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) (the “Game IP”), are owned by Company or, as applicable, its licensors. We do not provide you with any interest in the Game IP and you hereby agree that you do not, and will not, claim any ownership rights in the Game IP. Except as expressly authorized by us in writing, you may not create works based on the Game IP or modify, distribute, or transmit the Game IP. If you do not abide by the requirements of this section, we shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Game, the Documentation or Services, or, in the alternative, have an unlimited license thereto.
The Company or, as applicable, its licensors have ownership rights and intellectual property rights to the Game, the Documentation and Services.
All Player-Created Content must acknowledge and display the appropriate copyright and trademarks. Using third-party intellectual property without a license or permission is not permitted.
All Player-Created Content must not contain (or link to) other sources or advertisements containing any hacks, exploits, virtual currency farming, illegal activities, content that would conflict with the Game’s ratings, if applicable, or any other inappropriate content as determined by Company.
The Company does not commit to any monitoring or supervision of Player-Created Content. However, there may be situations in which the Company does need to monitor, screen, edit, block or remove any Player-Created Content, in whole or in part, sent through or appearing in the Game or through the Services (for example, if the Company considers the Player-Created Content may be in breach of these Terms, may cause harm, or if otherwise required to by law).
By making Player-Created Content, you agree to these Terms, the Rules of Conduct, and Company’s Privacy Policy. Furthermore, you agree to indemnify Company from any legal claims or fees that arise in relation to your Player-Created Content.
The Game is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other relevant laws. All rights are reserved worldwide. The Game contains certain materials licensed by Company from others, and Company and, as applicable, its licensors may protect their rights in the event of any violation of these Terms.
Save as set out in Section 8 (Limitation of Liability; Indemnification) below, the Company and, as applicable, its licensors are not responsible for:
a) any interruption of the Game or Services, use of the Game, the Documentation or Services, or termination of an Account or an applicable platform account due to any action or fault of the User or failure of the User’s Device (as applicable);
b) any action of a telecommunications provider to cease or fail to provide the telecommunication service;
c) any unavoidable reasons that cause the Game or Services to fail, such as maintenance, replacement, regular inspection, construction, etc., save with respect to intentional or material negligence of the Company;
d) any problems caused by the User’s Device or problems related to the network environment;
e) the information, data, facts, reliability, accuracy, quality etc. of any content posted or transmitted by the User or a third party in the Game or Services or on the official website of the Company or Game;
f) your interactions with other Users or third parties when using the Game, the Documentation or Services (we may, at our sole discretion, attempt to mediate disputes between Users, but we are not obliged to become involved or become responsible in any way with such disputes.);
g) anything which is the responsibility of a third party (unless they are under the direction and control of the Company);
h) any loss involved when making selections or using the Game, the Documentation or Services, particularly when Users fail to receive the results they expect of the Game;
i) any loss of the User’s in-Game assets (such as in-Game items or downloadable content); or
j) circumstances in which the Company limits the Users’ use of Game or Services in accordance with the relevant laws or government policies.
Save as set out in Section 8 (Limitation of Liability; Indemnification) below, Company and, as applicable, its licensors do not make any promises regarding your use of the Game, the Documentation and Service. The Game, the Documentation and Services are provided “as is” and “as available,” without warranty of any kind (including any implied warranty of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or any warranties arising out of course of dealing, course of performance, or usage of trade), to the maximum extent permitted by law. You acknowledge that use of the Game, the Documentation and Services is at your sole risk. Company and, as applicable, its licensors do not make any promises that you will be able to enjoy continuous, error-free, secure or virus-free operation of the Game, the Documentation, Services or your Account.
Please note that some jurisdictions do not allow the above warranty limitations, so these limitations depend on where you live and may not apply to you.
The Game or Services may allow you to access third-party websites or services, and we provide access only as a convenience and are not responsible for any content, products, or services available through these websites or resources. You acknowledge sole responsibility for, and assume all risks arising from, your use of any such third-party websites or services.
The Company, its affiliates and subsidiaries, and, as applicable, its and their licensors will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Game, the Documentation or Services, including where the damage or loss results from our breach of these Terms.
The Game, the Documentation or Services may be changed or suspended temporarily and without notice for any reason, including where we decide to end the Game, the Documentation or Service (in whole or in part), in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms, we and our affiliates and subsidiaries will not be liable to you or to any other person in the event that all or part of the Game, the Documentation or Services are unavailable, discontinued, modified or changed in any way.
The Company, its affiliates and subsidiaries, and, as applicable, its and their licensors do not accept any responsibility for:
a) any damage or loss caused to you where you are not entering into these Terms as a consumer;
b) any failure, suspension or termination of access to the Game, the Documentation or Services or any content in connection with or arising out of a force majeure event. In these Terms, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; or
c) any claims brought against you by a third party except as stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND, AS APPLICABLE, ITS AND THEIR LICENSORS, WILL NOT BE LIABLE IN ANY WAY FOR ANY: (i) LOSS OF PROFITS; (ii) LOST REVENUE; (iii) LOST SAVINGS; (iv) LOSS OR EXPOSURE OF DATA; OR (v) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE GAME, THE DOCUMENTATION OR THE SERVICES, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND, AS APPLICABLE, ITS AND THEIR LICENSORS, ARISING UNDER, RELATING OR IN CONNECTION WITH THESE TERMS OR THE GAME, THE DOCUMENTATION OR SERVICES, INCLUDING ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES OR INJURIES, EXCEED FIFTY U.S. DOLLARS ($50). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW.
You agree that you will compensate (in legal terms this is often referred to as indemnifying) the Company, its partners, affiliates, subsidiaries, contractors, licensors, officers, directors, employees (the “Indemnified Parties”), and will defend, protect, indemnify and hold harmless the Indemnified Parties from any claims, lawsuits, damages, losses, liabilities and expenses (including reasonable legal and attorneys’ fees) arising directly or indirectly out of or in conjunction with your acts or omissions including: (A) use, or misuse of the Game, the Documentation or Services; and (B) your breach of any of the provisions of these Terms. Company reserves the right to assume exclusive defense and control over all matters subject to indemnification by you.
These Terms are effective unless and until terminated by either you or Company. Company or the User may terminate the License or the User’s access to the Game, the Documentation or Services at any time, for any reason or no reason at all, without prior notice. Termination by Company will go into effect immediately upon the termination or deletion of your Account. This Agreement, and any license granted by Company to you, is terminated immediately when you delete the Game Software. Except as required by applicable laws or permitted by our Refund Policy, Company will not issue a refund for purchase of the Game or any downloadable content or any other items lost due to such termination, whether voluntary or involuntary, and you also acknowledge that Company is not liable to provide a refund for any reason, even if you terminate the Terms. You are fully responsible for any problem that may occur due to inaccurate information you provided when registering an Account, and you also acknowledge that Company reserves the right to terminate your Account if the information you provided is inaccurate.
Sections 2 (Amendments, Updates, and Patches), 3 (Prohibited Uses), 5 (Ownership), 6 (Player-Created Content), 7 (Disclaimers), 8 (Limitation of Liability; Indemnification), 9 (Period and Termination), 11 (Grievance Handling and Dispute Resolution; Arbitration Agreement), 12 (Inadequacy of Damages) 13 (Governing Law and Disputes), 14 (Class Action Waiver) 16 (Refund Policy) 17 (Other Policies) and 18 (Miscellaneous) shall survive any termination of these Terms.
Transfer of the License to access and use the Game can only occur as set out in these Terms.
a) If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Before taking any formal action, you agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within thirty (30) days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this Section. Please forward your dispute to: Flyway Games, Inc., Attn. Legal Department, 18F, 327 Gangnam-daero, Seocho-gu, Seoul, Korea (06627).
b) Subject to subsection (a) above, (i) if you live in the United States any disputes arising out of or in connection with this Agreement shall be determined by arbitration in San Ramon, California. The arbitration shall be administered by JAMS (or any like organization successor thereto). The arbitrator shall follow any applicable federal law and California state law in rendering an award. (ii) If you live in the European Economic Area or the United Kingdom, this Agreement is to be governed by and construed in accordance with the laws of the Netherlands, and any disputes arising out of or in connection with this Agreement shall be finally settled by arbitration by the International Chamber of Commerce (“ICC”), which rules are deemed to be incorporated by reference in this clause. The legal place of arbitral proceedings shall be Amsterdam, The Netherlands. The language to be used in the arbitral proceedings shall be English. (iii) If you live anywhere else, you and Company agree that any disputes arising out of or in connection with this Agreement shall be finally settled by arbitration by the Korean Commercial Arbitration Board, in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board. The number of arbitrators shall be one. The seat, or legal place, of arbitral proceedings shall be Seoul, the Republic of Korea. The language to be used in the arbitral proceedings shall be English. Regardless where you live in (i)-(iii) above, in any action or suit to enforce any right or remedy under this Agreement, to interpret any provisions of this Agreement, or to settle a dispute between the parties hereto, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees and expenses. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. If a dispute arises between Company and the User, Company shall faithfully demonstrate the measures taken in respect of the User, including any restrictions of usage, and will comply with result of any arbitration decision.
c) The Company has the sole discretion on whether to, and to what extent to, but no obligation to, enforce any rights of Company or take any actions as stated in these Terms.
d) This agreement to arbitrate disputes is intended to encompass all disputes or claims arising out of your relationship with Company, including our respective subsidiaries, affiliates, predecessors in interest, successors, licensors, and assigns, arising out of or relating to the Game, the Documentation or Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory).
Without prejudice to any other rights or remedies that Company may have, you acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms by you, because Company would suffer irreparable losses if you breach these Terms. Accordingly, you agree that Company and, as applicable, its licensors shall be entitled to the remedies of an injunction, specific performance or any other equitable remedy, in addition to any other remedies available to it under the applicable law. For the avoidance of doubt, Company and, as applicable, its licensors shall be entitled to an injunction, specific performance or any other equitable remedy without bond, other security or proof of losses.
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. (i) If you live in the United States, these Terms shall be interpreted and governed by the laws of the State of California, the courts of the State of California shall have exclusive jurisdiction for all purposes regarding this Agreement, and venue of any action brought hereunder shall be exclusively in the County of Contra Costa. (ii) If you live in the European Economic Area or the United Kingdom, these Terms shall be interpreted and governed by the laws of the Netherlands. (iii) If you live anywhere else, these Terms shall be interpreted and governed by the laws of the Republic of Korea and all lawsuits related to these Terms are subject to the jurisdiction of the courts in Korea pursuant to relevant laws such as the Code of Civil Procedure. Other laws may apply if you use the Game outside of these locations. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that local law applies.
Consistent with the foregoing arbitration agreement, you agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the Game, the Documentation or Services or these Terms. You also agree not to seek to combine any action or arbitration related to the Game, the Documentation or Services or these Terms with any other action or arbitration without the consent of all parties to these Terms and all other actions or arbitrations.
If you think any materials from Company or Company-branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to Company’s designated agent as set forth below. Also, to ensure your notice is effective, you must include the following information:
a) Sufficient details to enable us to identify the work claimed to be infringed;
b) Your contact information, including your address and email address;
c) A statement that you have a good faith belief that the disputed work is not authorized by the copyright owner, its agent, or the law;
d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right in the work that is allegedly infringed; and
e) Your physical or electronic signature;
The contact information of Company’s designated agent is as follows:
Flyway Games, Inc.
Attn: Legal Affair Department Agent
18F, 327 Gangnam-daero, Seocho-gu, Seoul, Korea (06627)
Email: service@flywaygames.com
Except as set forth herein, all sales for paid content related to the Game, the Documentation or Services including in-Game items are final, and Company is not obligated to issue any refunds for sales of paid content except as required by applicable laws or as permitted by a third-party platform’s refund policy. Requests for refunds for any paid content must be made directly to the third-party platform as prescribed in the third-party’s refund policy. If requested by the third-party, Company will review and process a User’s request for refund consistent with any applicable laws and the third-party’s refund policy. In case of termination due to your breach of these Terms or the Rules of Conduct, you are not entitled to any refund.
a) Company may use the Privacy Policy, Rules of Conduct and other policies to cover specific details that are not covered in these Terms in order to protect User interests and maintain order in the Game, the Documentation and Services.
b) By agreeing to these Terms, you also agree to be bound by the terms and conditions set out in the Rules of Conduct.
c) Violation of the Rules of Conduct can result in termination of the License granted to you, your Account, or access to the Game, the Documentation or Services.
d) You must be age of majority (i.e., the age at which you can provide consent under the laws of your territory) to play the Game. If you are under the age of majority where you live, you and your parent or guardian must review and agree to these Terms together.
These Terms constitute the entire understanding and agreement between Company and you with respect to the Game, the Documentation and Services and supersede all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between Company and you regarding the Game, the Documentation and Services. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect. Company’s failure to enforce any of the rights or provisions hereof shall not be construed to be a waiver of such right or provision. Any waiver of such right or provision will be effective only by a writing signed by Company. If you have any questions concerning these Terms or the License contained herein, you may contact Company at service@flywaygames.com or 18F, 327 Gangnam-daero, Seocho-gu, Seoul, Korea (06627), Attn. Legal Department.
This Terms of Service has been translated into other languages for the convenience of the players. In case of any discrepancies between the English version and the other versions, the English version shall prevail. However, Korean Terms of Service shall prevail for Korean players.
