IMPORTANT! PLEASE READ CAREFULLY.
THIS VERSION OF MASANGSOFT END USER LICENSE AGREEMENT WILL BECOME EFFECTIVE ON 6/1/2014 G.M.T.
LAST REVISED 5/2/2015,
1. GRANT OF A LIMITED LICENSE TO USE THE SERVICE.
Subject to your acceptance of and continuing compliance with these TOU, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client. You may not use the Service for any other purpose, or using any other method.
2. ADDITIONAL LICENSE LIMITATIONS.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service or any Game in violation of the License Limitations will be regarded as a breach of this Agreement and an infringement of Masangsoft’s copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances: use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience; exploit the Service, a Game or any part thereof for any commercial purpose, including without express written consent of Masangsoft, unless otherwise stated in a Game EULA; (b) communicate or facilitate any commercial advertisement or solicitation; (c) gather in-game currency, items or resources for sale outside the Game without Masangsoft’s authorization; or (d) perform in-game services in exchange for payment outside the Game, e.g., power-leveling; use the Service for any group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Masangsoft’s prior written consent; use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment; provided, however, that Masangsoft may, at its sole and absolute discretion, allow the use of certain third party user interfaces; modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Masangsoft; host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by Masangsoft in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks; facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; or (b) any connection using programs or tools not expressly approved by Masangsoft; or disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a “Server”); or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
4. USE OF THE SERVICE BY MINORS.
5. ACCESSING THE SERVICE.
You may establish an Account only if: (i) You are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) You are not an individual specifically prohibited by Masangsoft from using the Service. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time Masangsoft becomes aware that you have registered an Account without meeting the foregoing requirements, Masangsoft reserves the right to suspend, terminate and/or delete the Account.
Establishing an Account.
When creating or updating an Account on the Service, you are required to provide Masangsoft with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. For certain Games, an unused authentication key provided to you by Masangsoft will be required when adding a Game license to an Account. A Game license must be added to an Account before you can play that Game online, where applicable. You agree that you will supply accurate and complete information to Masangsoft when requested, and that you will update that information promptly after it changes.
Username and Password.
During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are 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. 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 Masangsoft by emailing firstname.lastname@example.org.
6. ACCOUNT SUSPENSION/CANCELLATION.
Software and Services.
In an effort to improve its products and services, Masangsoft may require that you download and install updates to the Service and to the Games you have installed on your device. You acknowledge and agree that Masangsoft may update the Service and the Games, including the Game client(s) on your device, with or without notifying you.
Game clients and Service.
The Game clients and the Service (including without limitation, any 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 or replays of Games, and the Game client and server software) are copyrighted works owned by Masangsoft and its licensors. Masangsoft reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works.
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 MASANGSOFT. Masangsoft does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.
Masangsoft owns, has licensed, or otherwise has rights to all of the content that appear in the Service or the Games. You agree that, except as set forth in a Game EULA, you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. Masangsoft does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in a Game, unless such transfer is made using a marketplace explicitly authorized or administered by Masangsoft.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you choose a recurring subscription for any Game, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription or the Account. Masangsoft may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT MASANGSOFT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PREPAID TIME OR CREDIT LEFT ON YOUR BALANCE WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY LAW.
10. RESTRICTIONS AND CONDITIONS OF USE.
No Violation of Laws.
You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation.
Misuse of Service.
You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
No Data Mining.
You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Masangsoft; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a Game client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
“User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant Masangsoft a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, enter into computer memory, use, and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
Collection of Non-Personal Data.
Masangsoft shall have the right to obtain data that cannot be used to identify you from your connection to the Service without any further notice to you. Certain Games playable on the Service include a tool that will allow your device system to forward information to Masangsoft in the event that the Game crashes. This tool will collect system and driver data from your device system during the crash and forward a report containing that data to Masangsoft.
Content Screening and Disclosure.
Masangsoft does not, and cannot, pre-screen or monitor all User Content. However, Masangsoft’s representatives may monitor and/or record your communications (including without limitation chat text) when you are using the Service or playing a Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume any responsibility or liability for User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Masangsoft policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone we believe may be threatened; or (e) to report a crime or other offensive behavior.
11. DISCLAIMER OF WARRANTIES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MASANGSOFT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
To submit a warranty claim to Masangsoft, please call 051-664-8723~3 or send to Western Centum Road, Hae-un-dae gu, Busan, Korea. The user is responsible for the costs of returning media to Masangsoft.
12. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION.
MASANGSOFT IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL MASANGSOFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, MASANGSOFT’S SERVICE, ANY GAME OR ANY GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF MASANGSOFT EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Masangsoft and its affiliates shall be limited to the fullest extent permitted by law.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MASANGSOFT IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
You agree to indemnify, defend and hold Masangsoft 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 Game, or any breach by you of this Agreement, the Code of Conduct or any Game EULA.
13. DISCLOSURES; THIRD PARTY FEATURES.
Masangsoft’s Games and the Service may incorporate third-party technology that enables advertising on Masangsoft and/or in certain Games playable, which may be downloaded temporarily to your personal device and replaced during online game play. As part of this process, Masangsoft and/or its authorized third party advertisers may collect standard information that is sent when your personal device connects to the Internet including your Internet protocol (IP) address.
You and Masangsoft each agree that all disputes between you and Masangsoft that arises out of, or relates to, these TOU, will be resolvned in accordance with the Masangsoft Dispute Resolution Policy. Should any portion of the Masangsoft Dispute Resolution Policy be found illegal or unenforceable, you agree that such portion shall be severed and the remainder of the Masangsoft Dispute Resolution Policy shall be given full force and effect.
15. GOVERNING LAW.
Except as expressly provided otherwise, these TOU shall be governed by and construed under the laws of Republic of Korea, without regard to choice of law principles.
Those who choose to access the Service from locations outside of Republic of Korea do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, these TOU shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
The files, programs, and any and all computer code contained or utilized by the Service may not be re-exported, downloaded or otherwise exported into any country against which the Korean Government maintains comprehensive economic sanctions or to anyone on Korean Ministry of Strategy and Finance's list of Specially Designated Nationals and Blocked Persons or Korean Ministry of Strategy and Finance's Denied Persons List or Entity List. Additionally, Masangsoft is also restricted from providing services that may be available through the Service to all such countries and/or individuals. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Masangsoft may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these TOU without Masangsoft’s prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
In the event any litigation is brought by either party in connection with these TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
All notices given by you or required under this Agreement shall be in writing and addressed to: Masangsoft, 19F, 30 Centum seo-ro, Haeundae-gu, Busan, Korea (U-dong, KNN Bd), Attn: Global Service Business Team.
You hereby agree that Masangsoft would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these TOU, in addition to such other remedies as Masangsoft may otherwise have available to it under applicable laws.
Masangsoft shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Masangsoft, including without limitation, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Effective Date: 2014.06.12
Your Privacy Matters to Us
Welcome to Masangsoft. Your privacy is important to us.
By using the Service, you are expressing your agreement to this Policy and the processing of your data, including your personal information, in the manner provided in this Policy. If you do not agree to these terms, please do not use the Service.
Information Collection and Use
Masangsoft collects information as described below. Masangsoft’s primary goals in collecting and using information is to create your account, provide Services to you, improve our Service, contact you, conduct research and create reports for internal use. We store information on servers located in Korea via Amazon Web Services and may store information on servers and equipment in other countries.
While you are browsing Masangsoft's Sites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor and analyze your use of the Service. In addition, we may ask you to submit and we may process data that is personal to you, including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on social networking websites and other third party sites, user names and e-mail and mail addresses. We may use this information to create a user profile. We may use your email address to contact you about your experience with Masangsoft Sites and notify you about company news and promotions. Your gender and birthday may be used to analyze user trends and target certain promotions. Your mail address may be used if we have merchandise or other physical promotional materials that we want to send to you.
Masangsoft may at times offer you the ability to post content to a blog, message board, chat room or within Masangsoft’s applications or other forums. You should have a separate account from Masangsoft’s site on Forum site which is forum.masangsoft.com. You should be aware that any visitor to the Forums may read your postings on the Forums. Furthermore, any information that you may post to a Forum, including your username or other account profile information, will be disclosed and available to all users and viewers of that Forum, and will therefore no longer be private. Masangsoft cannot guarantee the security of such information that is disclosed or communicated online in public areas such as the Forums, and you provide such information at your own risk. Masangsoft does not author, edit, endorse, or monitor any Forum. You acknowledge and agree that Masangsoft has no responsibility for the accuracy or availability of information provided on any Forum. Masangsoft reserves the right at any time, in its sole discretion, to remove any content that a user may post on any Forum and restrict their access to any Forum.
iOS and Android Platforms
When you use any of the Masangsoft games or applications on a mobile platform, we may collect and record certain information such as your unique device ID (persistent / non-persistent), hardware type, media access control (“MAC”) address, international mobile equipment identity (“IMEI”), the version of your operating system (“OS”), your device name, your email address, and your location (based on your Internet Protocol (“IP”) address). This information is useful to us for troubleshooting and helps us understand usage trends.
In addition, we create a unique user ID to track your use of our Service. This unique user ID is stored in connection with your profile information to track the Masangsoft games you are playing.
We may collect your email address when you contact our customer service group and we may use that email address to contact you about your gaming experience with Masangsoft games and notify you about company news and promotions.
Game Data Collection
Whenever you play our games, we collect data about all of your interactions with the game and with the other players inside the game via server log files. This data is stored within Amazon Web Services and etc.
We may also acquire information from you through (1) your access and participation in message boards on the Service, (2) your participation in surveys regarding the Service or (3) your participation in a sweepstakes or contest through the Service.
A cookie is a small text file that we transfer to your computer and/or device, to identify a user's computer/device and to "remember" things about your visit, such as your preferences or a user name and password. Information contained in a cookie may be linked to your personal information for purposes such as improving the quality of our Service, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.
We may feature advertising within our Service. The advertisers may collect and use information about you, such as your Service session activity, device identifier, MAC address, IMEI, geo-location information and IP address. They may use this information to provide advertisements of interest to you.
In addition, you may see our games advertised in other services. After clicking on one of these advertisements and installing our game, you will become a user of our Service. In order to verify the installs, a device identifier may be shared with the advertiser.
How We Use Information
We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:
• create game accounts and allow users to play our games;
• identify and suggest connections with other Masangsoft users;
• operate and improve our Service;
• understand you and your preferences to enhance your experience and enjoyment using our Service;
• respond to your comments and questions and provide customer service;
• provide and deliver products and services you request;
• send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
• communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by Masangsoft and our selected partners;
• enable you to communicate with other users; and
• link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.
Disclosure of Your information
Masangsoft does not share your personal information except as approved by you or as described below:
• With your consent, for example, once you agreed to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies.
• Masangsoft may engage other companies and individuals to perform services on our behalf. Example of these services include analyzing data. These agents and service providers may have access to your personal information in connection with the performance of services for Masangsoft.
• We may release your information as permitted by law or when we believe that release is appropriate to comply with the law; enforce or apply our rights; or protect the rights, property, or safety of us or our users, or others. This includes exchanging information with other companies and organizations for fraud protection.
• Masangsoft may share your information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company.
• We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.
Changes to the Policy
We reserve the right to change this Policy at any time. If we decide to change this Policy, we will post those changes on this page and update the date at the top of the page. The changes will be effective when posted. Please check this page on a regular basis so that you remain aware of what information we collect and how we use it.
Masangsoft takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties.
Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers" from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties.
Our Policy Regarding Children
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use our Service. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal information. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at email@example.com.
Opting Out of Marketing
You may opt-out of receiving promotional emails from us by following the instructions in those emails. Basically, we will consider as you agreed to receive promotional emails but if you contact us to support.masangsoft.com, we will not send you any promotional emails. Apart from that, if you opt-out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
We may transfer information that we collect about you to affiliated entities or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in other regions with laws governing data collection and use that may differ from Korea law, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to Korea and the use and disclosure of information about you, including personal information, as described in this Policy.
19F, 30 Centum seo-ro, Haeundae-gu, Busan, Korea (U-dong, KNN Bd).
If you have any questions about this Policy, please contact us at support.masangsoft.com.