Terms of Service

 

1. Introduction

If you reside outside of the Republic of Korea, the terms of this agreement (the “Terms of Service”) govern the relationship between you and Tritonesoft Inc. and/or its affiliates (“Tritonesoft Inc.,” “we,” or “us”) regarding your use of Tritonesoft Inc.’s mobile games (“Tritonesoft Inc. Games”) and related services, including, without limitation, the use of Tritonesoft Inc. Games, participation in an online community for Tritonesoft Inc. Games or Tritonesoft Inc. branded websites (collectively, the “Tritonesoft Inc. Service”).

For your reference, Heroes’ Will Official Forum means the social network platform jointly operated by Tritonesoft Inc., which provides users with various social network services and information for enjoyment of their games. For the avoidance of doubt, we assume no responsibility, obligation, or liability for (a) your use of Tritonesoft Inc.’s and/or its affiliate’s games provided via Heroes’ Will Official Forum or (b) services of the Heroes’ Will Official Forum in connection with such games.

Use of the Tritonesoft Inc. Service is also governed by Tritonesoft Inc.’s Privacy Policy as well as the community standards, which is incorporated herein by reference. We may collect and use your content and information in accordance with this Privacy Policy.

By downloading Tritonesoft Inc. Games, accessing and/or using the Tritonesoft Inc. Service, and/or creating a Forum Account, you accept and agree to be bound by the Terms of Service, the Tritonesoft Inc. Privacy Policy, and the Forum Standards (collectively, the “Tritonesoft Inc. Policy”).

Tritonesoft Inc. may amend, at our discretion, any portion of the Tritonesoft Inc. Policy at any time by posting or displaying the amended Tritonesoft Inc. Policy within and/or on Tritonesoft Inc. Games, and Tritonesoft Inc. branded website. You will be deemed to have accepted such amendments by continuing to use the Tritonesoft Inc. Service. Except as otherwise stated, any such amendments will be automatically effective 30 calendar days after they are initially posted.

 

2. License

2.1.  Ownership of Tritonesoft Inc.

Tritonesoft Inc. owns, has licensed, or otherwise has the right to use all of the content that appears in the Tritonesoft Inc. Service, including, without limitation, a user account, virtual items and virtual currencies.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A GUEST ACCOUNT (COLLECTIVELY, “GAME ACCOUNTS”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO A GAME ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TRITONESOFT INC.

2.2. Limited License

Tritonesoft Inc. hereby grant you a non-exclusive, non-transferable, and revocable limited license to use the Tritonesoft Inc. Service subject to the terms of the Tritonesoft Inc. Policy. You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under the Tritonesoft Inc. Policy, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

2.3.  Trades of Virtual Items and Virtual Currency

Tritonesoft Inc. prohibits and does not recognize any purported transfers of virtual items or virtual currency effectuated outside of the Tritonesoft Inc. Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Tritonesoft Inc. Service, unless expressly authorized by Tritonesoft Inc.. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.

 

3. User Content

3.1. Your Representations and Warranties

“User Content” means any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through the Tritonesoft Inc. Service.

By transmitting, submitting, or posting any User Content while using the Tritonesoft Inc. Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable 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; and (c) free of viruses, adware, spyware, worms or other malicious code.

You acknowledge and agree that you are solely responsible for all User Content you post or otherwise transmit via the Tritonesoft Inc. Service. Tritonesoft Inc. assumes no responsibility for illegal contents or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under the Tritonesoft Inc. Policy.

You further acknowledge and agree that any of your personal information within such content will at all times be processed by Tritonesoft Inc. in accordance with its Privacy Policy.

3.2. License to Use User Content

You hereby grant Tritonesoft Inc. a worldwide, royalty free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through the Tritonesoft Inc. Service, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving a written notice to us at any time. In such a case, Tritonesoft Inc. will cease any use of the User Content within 3 months after receiving such a notice from you.

3.3.  Content Screening

You acknowledge and agree that Tritonesoft Inc. may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.

 

4. Fees and Purchase Terms

You agree to pay all fees and applicable taxes incurred by you. Tritonesoft Inc. may revise the pricing for the goods and services it licenses to you through the Tritonesoft Inc. Service at any time.

YOU AGREE AND ACKNOWLEDGE THAT Tritonesoft Inc. IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A GAME  ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Notwithstanding the foregoing, if you verify in a reasonable way that you reside in the European Union and you purchase virtual items or currencies from Tritonesoft Inc., you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. You acknowledge and agree that the performance of our service is deemed to begin once you use any portion of virtual currencies or virtual items in playing Tritonesoft Inc. Games, which result in losing your right of withdrawal.

Some of Tritonesoft Inc. Games may be described as a “free game” within the description page of App marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT.

 

5. Your Responsibility in Using Service

You agree that, while using the Tritonesoft Inc. Service, you will not, under any circumstances:

- send, post, transmit or make available any material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

- stalk, harass, threaten, or defraud other Tritonesoft Inc. users or any members of Tritonesoft Inc. support personnel;

- use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Tritonesoft Inc. Service;

- interfere with or disable any security-related features of the Tritonesoft Inc. Service, or any part thereof;

- damage, disable, overburden, or impair the Tritonesoft Inc. Service, including, without limitation, (i) by sending, posting, transmitting or distributing anything that contains a virus, spyware, or other harmful material intended to damage or interfere with the Tritonesoft Inc. Service or (ii) attempting to disrupt servers that relate to the Tritonesoft Inc. Service;

- make improper use of Tritonesoft Inc.’s support services, including by submitting false abuse reports;

- misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Tritonesoft Inc. Service;

- create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a Tritonesoft Inc. official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure;

- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Tritonesoft Inc. Service;

- modify any part of the Tritonesoft Inc. Service without Tritonesoft Inc.’s prior written consent;

- send, post, transmit or make available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity;

- buy, sell, trade, or advertise to sell any virtual currency or items or Game Account for commercial purposes;

- send, post, transmit or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without Tritonesoft Inc.’s prior written consent

- attempt to collect any personal information about any users or to disclose such information;

- share the password or other information that let anyone else access your Game Account.

- access another user’s Game Account without permission;

- assist, permit or encourage any party in engaging in any of the activities described in the above listing; and

- use the Tritonesoft Inc. Service in any manner that may violate any applicable laws or regulations or is prohibited by the Tritonesoft Inc. Policy.

 

6. Third Party Advertising

Tritonesoft Inc. may feature advertisements from third parties or provide links on the Tritonesoft Inc. Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Tritonesoft Inc. Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. Tritonesoft Inc. makes no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Tritonesoft Inc. and may collect data or solicit personal information from you. Tritonesoft Inc. is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

 

7. SMS Notifications, Push Notifications & Local Notifications

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. You may also be able to manage them from your device’s settings page for the relevant game. We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.

 

8. Copyright Notice

8.1. Infringement Notification

The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.

If you believe in good faith that any materials in Tritonesoft Inc. Games, or Tritonesoft Inc. branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to Tritonesoft Inc.’s designated agent set forth below. For your notice to be effective, it must include the following information:

(a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;

(b) Your contact information, including your address and email address;

(c) A statement that you have a good faith belief that the disputed 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 that is allegedly Infringed; and

(e) Your physical or electronic signature.

The contact information of Tritonesoft Inc. is as follows:

Tritonesoft Inc.

5F, World Merdian Venture Center #1, Geumcheon-gu Gasan-dong 60-24

Seoul, the Republic of Korea

Email:ask@tritonesoft.com

8.2. Counter Notification

If your User Content or other information has been taken down by the above-infringement notification, you may send Tritonesoft Inc.’s designated agent a counter-notification that contains the following information:

(a) Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled;

(b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

(c) Your name, address, and email address; and

(d) Your physical or electronic signature.

 

Please bear in mind that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others.

 

9. User Interactions

9.1. Member Disputes

You are solely responsible for your interactions with other users of the Tritonesoft Inc. Service. We may, at its sole discretion, attempt to mediate disputes between users, but is not obliged to become involved in any way with such disputes.

9.2. Release  

If you have a dispute with any users of the Tritonesoft Inc. Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

 

10. Suspension & Termination of Tritonesoft Inc. Service

Tritonesoft Inc. MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE TRITONESOFT INC. SERVICE AND/OR GAME ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAILS TO COMPLAY WITH ANY PORTION OF THE TRITONESOFT INC. POLICY. For the avoidance of doubt, the Tritonesoft Inc. Policy apply to all users of the Tritonesoft Inc. Service.

Tritonesoft Inc. reserves the right to stop providing or supporting any part of the Tritonesoft Inc. Service or a particular game at any time either permanently or temporarily, at which point your license to use the Tritonesoft Inc. Service or a part thereof will be automatically terminated or suspended. In such an event, Tritonesoft Inc. is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Tritonesoft Inc. Service.

 

11. Disclaimers & Indemnifications

11.1. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Tritonesoft Inc. SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER Tritonesoft Inc. NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “TRITONESOFT INC. PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

11.2. Disclaimers of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT TRITONESOFT INC. PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT TRITONESOFT INC. PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TRITONESOFT INC. PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL TRITONESOFT INC. PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TRITONESOFT INC. IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

11.3. Indemnification

You agree to indemnify and hold harmless Tritonesoft Inc. Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the Tritonesoft Inc. Service, (b) any violation by you of the Tritonesoft Inc. Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.

Tritonesoft Inc. may assume the defense of any matter for which you are required to indemnify Tritonesoft Inc. by sending notice of such an intention to you. You shall use best efforts to cooperate with Tritonesoft Inc.’s defense of these claims.

 

12. General Provision

12.1. Governing Law

The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the Tritonesoft Inc. Policy, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

12.2. Dispute Resolution

If you have any claim arising out of this Agreement 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 in Seoul administered by 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.

All claims filed or brought contrary to Section 12.2. will be considered improperly filed. If you file a claim improperly, Tritonesoft Inc. will be entitled to recover attorney fees and costs up to $1,000, provided that Tritonesoft Inc. has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.

12.3. Entire Agreement

The Tritonesoft Inc. Policy is complete and exclusive understanding of you and Tritonesoft Inc. relating to your use of the Tritonesoft Inc. Service, and supersede all prior understandings of the parties hereto.

12. 4. Language

The translation of English language version of the Tritonesoft Inc. Policy is provided for informational purposes only and does not modify the English language version of the Tritonesoft Inc. Policy. If there is a conflict between the English language version of the Tritonesoft Inc. Policy and its translation, the English version of the Tritonesoft Inc. Policy will control.

The failure of Tritonesoft Inc. to require or enforce strict performance by you of any provision of the Tritonesoft Inc. Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Tritonesoft Inc.’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Tritonesoft Inc. in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.

12.5.  No Waiver

The failure of Tritonesoft Inc. to require or enforce strict performance by you of any provision of the Tritonesoft Inc. Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Tritonesoft Inc.’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Tritonesoft Inc. in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.

13.6.  Force Majeure

Tritonesoft Inc. will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of Tritonesoft Inc., including, without limitation, any failure to perform under the Tritonesoft Inc. Policy due to unforeseen cause beyond Tritonesoft Inc.’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials

13.7.  Severability

If any portion of the Tritonesoft Inc. Policy is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the Tritonesoft Inc. Policy remain in full force and effect.

 

<Management Policy>

Category

Actions that bring restrictions

Consequences

Inappropriate Behavior

Slandering, using curse words and insulting other users on their physical traits

1st: 1-day restriction                                     2nd: 5-day restriction                                     3rd: 7-day restriction                                     4th: 10-day restriction                                   5th: Permanent restriction

All acts that disturb other users from using the game services

Disturbing other users or staff to the point where the game can't operate properly (ex. False reports)

Posting the same or similar articles repeatedly which disrupts other users’ use of service

Spreading false information and attempting or committing criminal actions during the use of the game or in game itself which are against the law

Naming

Using inappropriate names that breach naming policy

1st: Change without consent

2nd: 5-day restriction (Change without consent)

3rd: 7-day restriction  (Change without consent)

4th: 10-day restriction (Change without consent)

5th: Permanent restriction (Change without consent)

Impersonation

Deceiving other users for improper gains and/or impersonating the company or staff to attempt fraud

1st: 3-day restriction

2nd: 7-day restriction

3rd: Permanent restriction

* Withdraw acquired Data (Game money, EXP, etc.)

Abusing

Abusing methods in the game repeatedly to acquire game money or EXP through unfair gameplay

1st: 15-day restriction

2nd: 30-day restriction

3rd: Permanent restriction

* Withdraw acquired Data (Game money, EXP, etc.)

Abusing methods in the game repeatedly to acquire game money or EXP through unfair gameplay (Trivial)

1st: 3-day restriction

2nd: 30-day restriction

3rd: Permanent restriction

* Withdraw acquired Data (Game money, EXP, etc.)

Fraud & Assumed Names

Attempting to scam or confuse others by using inappropriate nicknames or special characters

1st: 7-day restriction

2nd: 30-day restriction

3rd: Permanent restriction

* Withdraw acquired Data (Game money, EXP, etc.)

Scamming in attempt to gain game items and game money

Cash Trade

Attempting to and/or exchanging game items and game money for cash or other objects

1st: 1-day restriction

2nd: 5-day restriction

3rd: 7-day restriction

4th: 10-day restriction

5th: Permanent restriction

* Withdraw acquired Data (Game money, EXP, etc.)

Attempting to and/or exchanging game accounts and/or game items and game money for cash or other objects

1st: Permanent restriction

* Withdraw acquired Data (Game money, EXP, etc.)

Advertisement

Distributing promotions for business purposes

1st: 7-day restriction

2nd: 15-day restriction

3rd: 30-day restriction

4th: Permanent restriction

Spreading ways to abuse the game in the game or in game communities that harm the game services

1st: 7-day restriction

2nd: Permanent restriction

Spread of Personal Information

Distributing information of other users without consent

Permanent restriction

Misusing System Errors    & Bugs

Misusing bugs knowingly to take advantage and disturb the game services.

(Includes repeating specific procedures inside the game)

1st: 15-day restriction            

2nd: Permanent restriction

* Withdraw acquired Data (Game money, EXP, etc.)

Misusing bugs knowingly to take advantage and disturb the game services. (Trivial)

(Includes repeating specific procedures inside the game)

1st: 3-day restriction          

2nd: Permanent restriction

* Withdraw acquired Data (Game money, EXP, etc.)

Unauthorized Programs

Creating illegal programs unauthorized by the company and/or using illegal programs to abuse the game services

Permanent restriction

* Withdraw acquired Data (Game money, EXP, etc.)

Invalid Sign Up

Acquiring game items/money unfairly by repeatedly using the game services (ex. Sign up) and harming other users

Permanent restriction

Invalid Purchase

All activities of making purchases or cancellations in methods that are not authorized by the company.

Permanent restriction

Making purchases by using a third party's credit cards and/or cell phones for game items and/or billing services