PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
If you reside outside of the Republic of Korea, the terms of this agreement (the "Terms of Service") govern the relationship between you and Dreamotion Inc. corporation and/or its affiliates ( "Dreamotion" "we," or "us") regarding your play or use of, or participation in, Dreamotion mobile games ("Games") and related services and game support applications, including, without limitation, Every Dreamotion App or other game related applications ("Application” or "Applications”), Dreamotion-branded websites (“Websites”), online communities for Games or social network services offered platform for Games (collectively, the "Services"). Use of the Service is also governed by Dreamotion's Privacy Policy and other relevant policies, which are incorporated herein by reference.
THESE TERMS CREATE A LEGALLY BINDING AGREEMENT between you ("User" or "you") and Dreamotion in relation to the Services.
Before accessing or using the Service, including browsing any Dreamotion website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. 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 the Terms of Service in the jurisdiction where you reside. If you are legally incompetent or are under the age of 13 or less, your use of our Services may be limited unless we obtain a consent from your legal guardian or parent. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
Dreamotion reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Dreamotion policies at any time by posting the amended terms on the Dreamotion Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Dreamotion Privacy Policy, or any other Dreamotion policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
1-1. Limited License
Subject to your agreement and continuing compliance with these Terms of
Service and any other relevant Dreamotion policies, Dreamotion grants you a non-exclusive, non-transferable,
non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial
entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
1-1-1. You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
1-1-2. 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 Dreamotion, or previously been banned from playing any Dreamotion game.
1-1-3. You shall use your Account only for non-commercial purposes; 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.
1-2. 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 (as
defined below), 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.
1-3. System Outage
There may also be times when our Services or any part thereof are not
available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. You agree that
Dreamotion 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.
1-4. 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 the
Terms of Service and you agree that you shall comply with them in respect of each individual Service which you
choose to access and/or play.
1-5. Third Party Charges
You are responsible for the internet connection and/or mobile charges
that you may incur for playing the Games or using the Services. You should ask your mobile operator if you are
unsure what these charges will be, before you play or use the Services. In addition, we are not responsible or
liable to you for any credit card or bank-related charges and fees related to your transactions in relation to the
use of the Services.
1-6. 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 your own responsibility and at your own expense.
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). 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 Dreamotion 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.
Dreamotion reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
2-1. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Dreamotion reserves 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. Dreamotion reserves the
right to take action as a result, which may include terminating your Account and prohibiting you from using the
Service in whole or in part.
2-2. Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, Dreamotion MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Dreamotion SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. 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 ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND Dreamotion IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
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 Dreamotion.
2-2-1. Guest Account
If you use the Services without creating a Dreamotion account, we will
create and assign to your device an identifier that is similar to an account number ("Guest Accounts")
PLEASE
KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORTS OR MAY NOT USE VIRTUAL MONEY OR VIRTUAL GOODS FOR WHICH YOU
HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITHOUT CREATING A Dreamotion ACCOUNT.
2-2-2. SNS Account
You may allow our Services to interact with a third party social network or
platform, which will provide data about you to us. If you choose to connect to one of our Websites or Applications
through a third-party social network such as Facebook or Game Center (for iOS devices), we may collect personal
Information from your profile on such third-party social networks, such as your name, username, and photograph. You
should ensure that you read their terms of service and privacy policies to understand how they treat your data and
what data they might share with us.
2-2-3. 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. Dreamotion will not be responsible to you for any losses resulting from an unauthorized access
or use of your account, whether fraudulently or otherwise.
2-2-4. 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 merchandise such Virtual
Money or Virtual Goods deleted.
2-2-5. Effect of Account Termination
You understand that if you delete your account, or if we
terminate and/or delete your account in accordance with the Terms of Service, 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).
3-1. You have no other rights, title or ownership with respect to Virtual Money or Virtual
Goods.
Dreamotion owns, has licensed, or otherwise has rights to use all of the content that appears in the
Service or in Dreamotion 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 virtual goods or
currency appearing or originating in any Dreamotion game, whether earned in a game or purchased from Dreamotion, or
any other attributes associated with an Account or stored on the Service.
3-2. Virtual Money or Virtual Goods
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 a legal adult in your country of residence. If
you are a legal adult in your country of residence, 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.
3-3. Cash value
You do not own Virtual Goods or Virtual Money but instead you purchase a
limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services - any
balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. YOU ACKNOWLEDGE AND AGREE THAT
VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM
US OR ANYONE ELSE.
3-4. license to use Virtual Goods or Virtual is Money
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.
3-5. Right for Virtual items
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.
3-6. Virtual items in the “real world”
We prohibit and do not
recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the
purported sale, gift or trade in the “real world” of anything that appears or originates in our
Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may
subject your account to termination.
3-7. Purchase via platforms
We may offer various subscription plans for Games, purchasing of
virtual items or virtual currencies via various platforms, such as Apple or Google.
All title, ownership, and intellectual property rights in and to the Product (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Dreamotion and/or Dreamotion's licensor(s). The Product is licensed, not sold, for your use. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights in the Product.
You agree that all Products and Third Party Materials contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use. No portion of the Products or Third Party Materials may be reproduced in any form or by any means other than as permitted under applicable license.
5-1. Submission of User Content
"User Content" means any communications, images, sounds, and
all the material, data, and information that you upload or transmit through a Dreamotion game client or the Service,
or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting
any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is
(a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other
third party rights, and that you have permission from any third party whose personal information or intellectual
property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and
(d) you acknowledge and agree that any of your personal information within such content will at all times be
processed by Dreamotion in accordance with its Privacy Policy.
5-2. Content Screening
Dreamotion assumes no responsibility for the conduct of any user
submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or
conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk.
By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with
your expectations. You bear all risks associated with the use of any User Content available in connection with the
Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the
Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, 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.
Dreamotion reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Dreamotion chooses, in its sole discretion, to monitor the Service, Dreamotion nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
6-1. Public Discourse
The Service may include various forums, blogs and chat features where
you can post User Content, including your observations and comments on designated topics. Dreamotion cannot
guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea
or information that you would like to keep confidential and/or don't want others to use, do not post it on the
Service. Dreamotion shall have no responsibility to evaluate, use or compensate you for any ideas or information you
may choose to submit.
6-2. Responsible For Your Own Content
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 select 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 the 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.
6-3. Your License to Dreamotion
You hereby grant to Dreamotion an irrevocable, perpetual,
transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third
party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize,
publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or
provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter
into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative
works thereof in connection with our provision of the Service, including marketing and promotions of the Service.
You also hereby grant to Dreamotion the right to authorize others to exercise any of the rights granted to
Dreamotion under these Terms of Service. You further hereby grant to Dreamotion the unconditional, irrevocable right
to use and exploit your name, likeness and any other information or material included in any User Content and in
connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights
of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is
altered or changed in any manner. Dreamotion does not claim any ownership rights in your User Content and nothing in
these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.
Dreamotion has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
6-4. 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 Dreamotion games. Dreamotion
reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully
cooperate with Dreamotion to investigate any suspected unlawful, fraudulent or improper activity, including, without
limitation, granting Dreamotion access to any password-protected portions of your Account.
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, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
6-4-1. 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 select 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 the 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.
6-4-2. When we select 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).
6-4-3. By accessing and/or using 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 for you with your email address. Please note that we will only show your display name publicly, and not your email address; another User must know your email address themselves in order to search for you.
6-4-4. You will be able to connect your third party platform accounts to our community services in accordance with Dreamotion Policy, as we desire to promote friendship among Users of our Services by allowing Users to interact and transfer information freely with others. Our community services may be interlinked with third party platforms as you register your third party platform account as an account for our community services, and therefore, our community services may not be normally provided if you no longer qualify for such third party platform service or withdraw from such platform. Dreamotion Policy may include rules for managing our community services that govern your activity in connection to our community services, support rights of Users and/or others and enhance sound culture for the community services we provide.
Dreamotion strongly encourages you not to disclose any personal information about yourself in your communications via the community services. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in submissions or for any results obtained from the use of any such statements or information. Under no circumstances will Dreamotion or its affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the submissions or on any information or materials obtained through the Websites, Services, or any third party platform. We have no obligation to monitor the Websites, Services, any third party platform, or the community services, or any submissions or other materials that you or other third persons or parties transmit or post on the Websites, in the Services, on any third party platform, or in the community services.
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, with or without prior notice to you, at any time for any reason or for no reason. In such event, Dreamotion is not required to provide refunds, benefits or other compensation to Users in connection with such discontinued elements of the Services.
7-2. Without limiting the generality of Section 7-1, if we believe that you are in material breach of the Terms of Service (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 2-1 shall be deemed to constitute material breaches of the Terms of Service 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 of your breaches of the Terms of Service.
We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the "options" or "settings" page within the relevant Game.
WITHOUT LIMITING Dreamotion'S LIABILITY UNDER SECTION 7 BELOW, 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, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Dreamotion 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 OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Dreamotion SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Dreamotion HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, Dreamotion SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Dreamotion IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO Dreamotion DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Dreamotion'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH Dreamotion IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Dreamotion OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Dreamotion.
You agree to indemnify, defend and hold Dreamotion (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, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE 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.
10-1. Member Disputes
You are solely responsible for your interactions with other Users of the
Services. We may, at its sole discretion, attempt to mediate disputes between Users. We are not responsible and
expressly disclaim any liability for any transactions administered by a third party payment service provider and/or
store.
11-1. 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 Users) is owned by or licensed to us.
11-2. All pages within the Websites and any material made available through Services are the property of Dreamotion and/or its affiliates. The Websites 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 the Terms of Service are reserved by Dreamotion.
11-3. In particular, and without limiting the application of paragraph 11-2, 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.
11-4. The trademarks, trade names, trade dress, logos, and service marks displayed in the Services or any third party platform, including but not limited to " http://www.dreamotion.us" are the registered and/or unregistered trademarks of Dreamotion. All other trademarks, service marks and logs used in the Services are the trademarks, service marks or logos of their respective owners
11-5. 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, sub-licensable, 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.
11-6. 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.
11.7. 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,
then please contact us by accessing the Customer Center in our Services and provide the following information:
11-7-1. a description of the intellectual property rights in reasonably sufficient details and an explanation as to how they have been infringed;
11-7-2. a description of the infringing material and where the infringing material is located;
11-7-3. your address, phone number and email address at which we can contact you;
11-7-4. 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 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.
The notice of your claim may also be submitted in writing to our designated agent as follows:
DMCA
Agent
Dreamotion Inc.
401, 10, Hwangsaeul-ro 335beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea
Email: privacy@dreamotion.us
12-1. We collect, process, use and share your personal information in accordance with our Privacy Policy, which is incorporated herein and constitutes part of the Terms of Service.
12-2. By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in the manner set forth in our Privacy Policy. If you do not agree to our Privacy Policy you should not access and/or use our Services, including any Services available through third party platforms.
12-3. You acknowledge that the Websites 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 solely 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.
Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and Dreamotion is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.
We, may provide Users with advertisements about our Services and/or other products or services, including those of a third party, that you may be interested in. Please see our Privacy Policy for details.
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefore. However, we may transfer or assign all or a part of our rights or responsibilities under the Terms of Service to someone else without obtaining your consent and without any restriction.
Notwithstanding Section 9 and 10, nothing in the Terms of Service 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 Dreamotion, 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 by you of the Terms of Service, your access to and use of the Services.
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Dreamotion Privacy Policy), contain the entire understanding of you and Dreamotion, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
You and Dreamotion agree that if any portion of these Terms of Service or of the Dreamotion Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
The failure of Dreamotion to require or enforce strict performance by you of any provision of these Terms of Service or the Dreamotion Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Dreamotion's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Dreamotion of any provision, condition, or requirement of these Terms of Service or the Dreamotion Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Dreamotion shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Dreamotion.
If you have any claim arising out of the Terms of Service against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, either party may refer such a dispute to the Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.
The Terms of Service 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 Dreamotion hereby agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of the Service or the relationship between you and Dreamotion, shall be brought exclusively to the Seoul Central District Court in the Republic of Korea.
Dreamotion may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
You acknowledge that the rights granted and obligations made under these Terms of Service to Dreamotion are of a unique and irreplaceable nature, the loss of which shall irreparably harm Dreamotion and which cannot be replaced by monetary damages alone so that Dreamotion shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Dreamotion game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 10 (if any).
Dreamotion shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Dreamotion, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Dreamotion's 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 the Terms of Service or our Services, you may contact us via customer center provided within the Services, or at: 'privacy@dreamotion.us.'