Terms of Service, in human words:
You’re welcome to play our game as long as you follow the rules and treat others with respect. Don’t cheat and harass, and remember that in-game data, chat, and content belong to the company. We want to keep things fair, fun, and safe so everyone can enjoy the experience.
1. These terms of service (the "Terms") set forth the agreement relating to the terms of the service (together with the application, the "Service") between Bergamot Games Inc.. (the "Company") and the customer using the Service ("you" or the "customer").
2. You may not use the Service unless you agree to the Terms. You shall be deemed to have agreed to the Terms at the time when you begin the use of the Service.
1. If you are under the age of twenty (20), you may use the Service only when your statutory agent (your parent, etc.) agrees to the Terms.
2. If you are under the age of fifteen (15), you must perform all procedures in connection with the Service, including agreeing to (and obtaining a permission for agreeing to) the Terms (this document), together with your parent (your father or mother).
3. If you are under the age of twenty (20) and use the Service, the Company will deem that your statutory agent (your parent, etc.) has agreed to the Terms.
4. The Company may restrict your use of a part of the Service if you are under the age of twenty (20).
1. The Terms apply to all customers using the Service. You must comply with the terms in using the Service.
2. In addition to the Terms, terms of service and guidelines separately set forth, and arrangements and notices separately announced from time to time by the Company, in connection with the provision and usage of the Service, shall be deemed to be part of the Terms. If the contents of such terms of service, etc., set forth or announced separately are different from those of the Terms, the contents of such terms, etc. shall prevail.
1. The Company may, without your prior consent or any prior notice to you, from time to time, add or amend the contents of the Terms (the "Amendment"), and you shall accept such Amendment.
2. If any Amendment of the Terms is made, terms of the use of the Service shall be subject to the Terms after such Amendment.
1. The Company only grants to you a right to use the Service and does not transfer to you any right relating to the Service.
2. The Company, subject to your agreement with the Terms, grants to you a non-exclusive and non-assignable limited right to install and use the Service (excluding source codes and object codes) with only one device and for non-profit-making purpose.
3. The term of the use of the Service shall start on the day you have started to use the Service and shall terminate on the day you stop to use the Service or the day the Company terminates the agreement pursuant to the Terms, whichever is earlier. If you attempt to avoid any step for technology protection of the Service, your right to use shall terminate immediately.
4. You understand and agree that your in-game text/voice communications and related gameplay telemetry may be processed and analyzed to operate the Service, provide features, ensure safety, and measure performance as described in our Privacy Policy.
1. All information, programs and software, trademarks, trade names, or intellectual property rights (including all types of rights, including but not limited to patent rights, utility model rights, trademark rights, design rights, know-how, trade secrets and copyrights) (collectively, the "Intellectual Property Rights") relating to technology in connection therewith and any other rights including the right to use and power to control in connection therewith belong to the Company or any third-party who grants the right to use to the Company and do not belong to you.
2. You have no Intellectual Property Right or right to claim with respect to the data that you accumulate or record while using the Service.
3. You shall be deemed to have granted to the Company a non-exclusive right to use indefinitely, free of charge and throughout the world (including a right to make a copy, to make an automatic public transmission (or to make it transmittable), to adapt, to translate, or to sublicense) the information you upload to the Service (including posts on message boards) in the business of the Company (including but not limited to mobile site, PC site and all kinds of other medias operated by the Company, including the Service) . You may not exercise the author's moral right against the Company.
4. In the event the Company incurs any damage due to any information you upload to the Service, you must indemnify such damage to the Company when claimed by the Company.
1. Matters with respect to the data in connection with the Service you accumulate or record while using the Service and any other data the Company maintains (together with the Service data and game data, the "Data" in this article) shall be dealt with by an individual agreement to be entered into by the parties, in addition to the Terms.
2. The Company may, without any prior notice to you, delete, modify or transmit any Data at its discretion, in any of the following events:
(1) the volume of your Data exceeds the data capacity limit set by the Company;
(2) the contents of the Data is in breach of prohibited matters set forth in the Terms or the individual agreement;
(3) the Company determines that it is necessary for operational and maintenance purposes of the Service;
(4) the Company determines, at its discretion, that the Data will impede smooth operation of the Service;
(5) the Company determines that the Data transmission is inappropriate;
(6) the Service is terminated; or
(7) the Company determines that it is necessary for any other reason.
3. The Company shall assume no responsibility whatsoever for any of the deletion, modification and transmission set forth in the previous paragraph. Whether or not attributable to the Company, the Company shall assume no responsibility whatsoever against any person for any loss of Data.
1. The Company may, without any prior notice to you, change all or any part of the contents of the Service at its discretion. The Company shall assume no responsibility whatsoever for any damage you incur by any modification to the contents of the Service.
2. The Company may, without any prior notice to you, temporarily suspend the provision of the Service, in any of the following events:
(1) any periodic or urgent maintenance of facilities for the Service is performed;
(2) the Service cannot be operated due to natural disasters such as earthquake, flood, tsunami, etc.
(3) the Service cannot be operated due to fire, power loss or any other unexpected accident;
(4) the Service cannot be operated due to war, dispute, revolution, convulsion, riot, turmoil, labor dispute, etc.;
(5) the Company determines, at its discretion, that the Service needs to be temporarily suspended due to operational or technical reasons; or
(6) all or a part of the Service needs to be temporarily suspended based on laws and regulations and or an instruction or order by governmental agencies.
3. The Company may, without any prior notice to you, suspend or terminate all or a part of the Service.
If "posting feature" is included in the Service, this "Usage of the Posting Feature" shall apply.
1. If "posting feature" is included in the Service and you use the posting feature of the Service, you are prohibited from posting information (information consisting of letters, voices, illustrations, photographs, movies, etc.) relating to any of the following items:
(1) any information that identifies or that may identify an individual, such as name, address, telephone number or e-mail address;
(2) any information that violates public orders and morals;
(3) any information relating to criminal behaviors or containing illegal contents;
(4) any information for profit-making purposes;
(5) any information that defames a third party or violates a third party's reputation;
(6) any information that violates a third party's copyrights or other rights;
(7) any information that falls under religious activities or political solicitations;
(8) any information that interferes with the operation or use of the Service;
(9) any information that violates or may violate any law or regulation; or
(10) any information that the Company deems inappropriate in light of the operational policies of the Service.
2. If the Company finds any information containing the prohibited matters described above posted, it may, at its own discretion, take any of the following action; provided, however, that the Company assumes no monitoring nor deleting obligation:
(1) delete such information without notifying you;
(2) prohibit you who made such post from posting;
(3) delete your registration information, etc.; or
(4) report to public institutions such as police in cases where the content of such post is related to crimes or puts someone's life in danger.
3. If you find any post by another customer in violation of the Terms, you must report to the Company. If the Company determines whatever you report to be in violation of the Terms, the Company shall delete such post, give a notice to and delete the registration information of the customer who makes such posting within twenty-four (24) hours.
4. With respect to the information you post on the message board on the Service, the provisions in "2. THE SERVICE AND THE USE OF THE SERVICE, Data of the Service, 3" of the Terms shall apply.
If "point system" is included in the Service, this "Point System" shall apply.
1. If the "point system" is included in the Service, the Company may, at its discretion or in accordance with the provisions separately set forth in the Service or on the official site of the Service, grant points to you. You may not transfer the points earned to any third-party.
2. You may use the services provided within the Service by using the points earned, and details (including the effective term of the points, ways to earn points, etc.) shall be separately set forth in the Service or on the official site of the Service.
3. All points shall automatically vanish in any of the following events:
(1) you cease using the Service;
(2) you are disqualified from using the Service; or
(3) you are in violation of any provision of the Terms, etc.
1. You may need to pay a usage fee for using a part of the Service. The amount of usage fee and methods of payment vary depending on the service you use. The amount of usage fee and method of payment shall be set forth in the Service or on the official site of the Service.
2. The Company may, at any time, amend the amount of usage fee and terms of payment, and such amendment shall be notified to you by posting the contents of such amendment in the Service or on the official site of the Service. In order to be aware of such notifications without delay, you should periodically check the amount of usage fee and terms of payment appearing in the Service or on the official site of the Service.
3. The amended amount of usage fee and terms of payment shall become effective at the time when such notification of amendment appears in the Service or on the official site of the Service.
4. If you do not agree to an amendment made pursuant to the provisions in paragraph 2 above, you may, at any time, take any procedure to cease the use of the Service (such as uninstallation, stop to use, withdrawal from membership, etc.).
5. You must pay usage fee in advance, and once paid, such usage fee shall not be returned to you unless otherwise the Company expressly agrees or announces. You must pay all fees incurred in connection with the use of the Service (including fees which have not been fixed due to a dispute between the parties or otherwise).
6. With respect to any payment you make through any settlement service, you must make payments in accordance with the terms set forth by the settlement service company you designate. Any question or dispute arising in connection with the usage fee between you and the settlement service company shall be settled between the parties and the Company shall assume no responsibility whatsoever in respect thereof.
7. The Company will not issue any receipt or notification to you with respect to the usage fee.
8. You agree that the usage fee will not be returned to you even if the Service cannot be used due to disconnection or defect of the internet service (regardless of whether such service is subject to fees or not) you use.
1. You must prepare the hardware, internet access and whatever else necessary to use the Service on your own responsibility and at your own cost.
2. You acknowledge that, in addition to costs set forth in the previous paragraph, you need to pay all communication costs, internet connection fee, electricity expense, and other costs necessary to use the Service, and agree to pay such costs.
1. The Service includes services that require registration in order to use them. If you wish to use any of such services, you must apply to the Company for registration for use in a manner designated by the Company.
2. You will be qualified to use the Service which requires registration only after the Company reviews your application and approves your registration. The Company may reject your application in case the Company determines inappropriate as a result of the review of your application.
1. The Service includes services that require an ID and password in order to use them. When using such service, you may login by entering your ID and password (collectively, the "ID" issued by the Company or a third party designated by the Company.
2. You must not let another person use the ID or share it with another person, and shall assume all responsibility for the management of the ID whether or not you or another person has used it.
3. You will be responsible for the consequences of the use of the Service with the ID, whether you use the Service with the ID by yourself or not. (Any use of the Service with the ID shall be deemed to be so used by yourself, and you must bear all usage fee and will be liable for any other obligation whatsoever arising from such use.)
4. If you forget your password, you must immediately report to that effect to the Company and follow the instructions to be given by the Company.
1. If you, or if the Company determines that you are likely to, fall under any of the following items, the Company may, without any prior notice or warning to you, immediately terminate or suspend your qualification to use the Service. The Company will then deem that you have withdrawn from your membership. The Company shall assume no responsibility whatsoever to anyone for such determination:
(1) if you interfere with the operation of the Service;
(2) if you edit, deface or disseminate the information you have obtained through the use of the Service;
(3) if you violate with your obligation or prohibited matters set forth in the Terms, or with any of the provisions of the Terms or the individual agreement;
(4) if you give any damage to the credit of the Company;
(5) if it is found that any false declaration was made with respect to the information relating to yourself;
(6) if any damage is incurred by anyone in using the Service or the Service is misused by any third-party due to your leak of your ID or password with your willfulness or negligence;
(7) if it is found that you were disqualified or temporarily suspended to use the Service by the Company in the past;
(8) if you are in violation of any rules on the use of the Service provided for by the Company; or
(9) if the Company deems that you are disqualified to use the Service for any other reasons.
2. If the Company incurs any damage as a result of your falling in any of the above items, you must fully indemnify the Company.
3. If the Company determines that you hold more than one (1) ID, the Company may suspend the use of the Service for each of such ID.
4. When the Company takes actions provided for in this article, the Company has no obligation to return any of the usage fee for the Service which the Company has already received.
1. While you are using the Service, the Company may, depending on the contents of the Service, obtain customer information (i.e., IP address, ID, password, product identification number, identifying information generated by the use of cookie technology, manufacturer, model, location, available time, size for the advertisement display, calling history, browsing history and application usage history, location information, and photographs, application data and contacts data, etc. saved on the device, among the information relating to your device that may be obtained from your device) from your device, and you agree to this condition in advance.
2. The Company may disclose the customer information and information provided by you through the use of the Service to a third-party only with your consent; provided, however, that this shall not apply if such disclosure is necessary for the Company to perform any legal obligation, or if any court, prosecutor's office, police, bar association, consumer information center or any similar governmental institution or any other similar entity or individual requests the Company to provide or disclose such information in accordance with laws and regulations or rules.
3. You must not express any objection or make any claim to the Company for its advertising of any data (name of game character, handle name, etc.) you create in using the Service.
Your personal information shall be handled in accordance with "Privacy Policy" of the Company.
The Company may, if it determines at its own discretion to be necessary, have free access to any information and data you post, provide or disclose on or through the Service and any information and data, etc., which is sent to, received from or exchanged between customers.
1. The Service may include a feature that displays on-site advertisement (i.e., advertisements by the Company or a third-party which is posted to your device from time to time and is updated while you are using such device, or advertisements with alert service).
2. While you are using the Service, the Company or the advertiser of the on-site advertisement may use information relating to yourself or your device that may be obtained from your device (i.e., IP address, product identification number, manufacturer, model, location, available time, size for the advertisement display, etc.) for its advertisement placement or for the confirmation of advertisement placing feature. The Company may also disclose the total number of advertisements and any other data in a manner you will not be identified.
3. Any transaction in connection with the on-site advertisement (i.e., transaction between the advertiser and you in connection with a product displayed on the on-site advertisement) shall be made under the responsibility of the advertiser and you, and the Company assumes no responsibility whatsoever on the contents of the advertisement or such transaction.
4. The Company will deem that you have agreed to receive on-site advertisements whenever you use the Service. (Please do not use the Service if you do not want to receive the on-site advertisement.)
1. You must not, when using the Service, notify to any third-party, the status of defects, how the defects were reported, how long it took to fix them, process or length of the fixing work, any ID given or any corresponding password or any other information in connection with the Service.
2. You must comply with the Terms and if the Company incurs any damage as a result of your violation of any of the Terms, you must indemnify such damage.
3. If you find any bug in the software or any defect resulting from the usage environment, you must report to the Company by a method provided for by the Company and cooperate in the improvement of the software.
4. If the Company deems that you are in violation of the Terms or have taken an action which is likely to be in such violation, you must immediately cooperate with the Company and follow the Company's instructions.
5. If you are notified by the Company or another person that you fall under any of the prohibited matters provided for in the Terms or the individual agreement or that you have taken any action that is likely to fall under any of such prohibited matters, you must immediately cease such action.
1. You must assume full responsibility on the use of the Service and on every action and the results thereof in connection with the use of the Service.
2. You must use the Service on your own responsibility, and if you give damage to another person or the Company during the use of the Service, you must indemnify such damage on your own responsibility at your own cost.
You are prohibited from taking the following actions when using the Service:
(1) share your rights to use with a third-party;
(2) assign, transfer, sale, change the ownership of, create a pledge or other security interest on, or take any other similar action relating to any of the rights you have in connection with the Service for any other person;
(3) trade (including trading in internet auctions) real-world currencies or items on other service sites with the virtual in-game currencies or in-game items acquired through the Service or with the real money;
(4) repetitively install and uninstall the Service in order to acquire items on the Service;
(5) take any action that infringes or may infringe intellectual property rights, such as copyrights and trademarks, of the Company or any other person;
(6) take any action that infringes or may infringe any assets, privacy or image right of any other person;
(7) take any action that is abusive or offensive racially, religiously or sexually, or any action that defames or gives damage to any other person's credit or any harassing action (any action the Company deems as an action attacking a specific person or a group and is giving any mental damage);
(8) take any action that leads to or may lead to crimes such as fraud;
(9) transmit or post any obscene or child abusing images or documents;
(10) open or solicit for pyramid scheme, or take any similar action;
(11) deface or delete accessible information on the Company or any other party;
(12) use the Service by masquerading;
(13) masquerade as Company's officer or employee, or as customer supporting staff designated by the Company;
(14) conduct a pre-election campaign, an election campaign, or any similar action and any action in violation of the Canada Elections Act;
(15) conduct any religious or similar activity, or any religious soliciting;
(16) conduct any political or similar activity, or any political soliciting;
(17) advertise or promote to, or solicit any other person, or disrupt transmission of information among any other persons;
(18) forward, request to forward or forward in response to any other person's request, chain mails;
(19) take any action that will give adverse impact on the operation of the Service, such as illegally access to a facility of any other party or a facility prepared for the operation of the Service or transmitting vast amounts of information;
(20) take any action advantageous to yourself and disadvantageous to others by using any program that does not work as the Company has intended to;
(21) access to any other person's server and use a service that is same as or similar to the Service;
(22) transmit harmful programs such as viruses or junk mail, or keep such programs receivable by any other person;
(23) modify any program, or conduct reverse engineering, analyzing, or establishment, distribution or usage of utilities, in connection with the Service;
(24) use the Service with any terminal that is modified or altered in a way that the manufacturer of the terminal has not authorized;
(25) take any action that may break trust relationship between any other party and the Company;
(26) fail to make necessary filings to the supervisory agency or fail to obtain authorizations in accordance with laws and regulations, when such procedures are required, or take any other action that is or may be in violation of such laws and regulations;
(27) collect or disclose personal information of any other person without obtaining the consent of such person or in a fraudulent manner;
(28) take any action that is in violation of any of the foregoing items, laws and regulations, the Terms or public order and morals, any action that gives any damage to the credit of the Company or infringes the Company's assets, or any action that is disadvantageous to any other person or the Company and will disturb other customers;
(29) post a link, with the purpose of fostering actions mentioned in the foregoing items, to any data as to which such actions are already taken; and
(30) take any other action that the Company deems inappropriate.
1. Even if you do not notify the Company any change in the customer information as provided for in the Terms and are suffered from any disadvantage, the Company assumes no responsibility whatsoever.
2. The Company does not guarantee to hold the data you accumulate or record during the term of the Service, permanently or forever.
3. The Company assumes no responsibility whatsoever for any damage you incur or another person incurs as a result of the use of your ID and the corresponding password by others, regardless of whether it is due to your willfulness or negligence.
4. The Company does not guarantee the accurateness or usefulness of the contents of the Service, information provided to you or information you record, or the completeness or accurateness of such information appearing in the Service.
5. Any question, claim, etc. to you from any other person or any request, question, claim, etc. to you against any other person arising in connection with your use of the Service shall be settled on your own responsibility at your own cost and the Company assumes no responsibility or liability relating thereto.
6. Any dispute or conflict arising between you and any other customer shall be settled on your own responsibility at your own cost and the Company assumes no responsibility or liability relating thereto.
7. Even if the provision of the Service is suspended or cancelled due to the occurrence of a suspension event provided for in the Terms or otherwise, the Company assumes no responsibility whatsoever for any damage you incur or another person incurs due to such suspension.
8. Even if the Company terminates the provision of the Service, the Company assumes no responsibility whatsoever for any damage you incur due to such termination.
9. The Company does not guarantee that the Service is free of errors or viruses, or safe operation of the Service.
10. The Company, in any event, assumes no responsibility whatsoever for any damage you incur as a result of using the Service, and has no obligation to indemnify you for any of such damages.
11. The Company assumes no responsibility whatsoever for any disadvantage you suffer which is attributable to any electronic communications company, electrical power supplier or any other companies.
12. The Company assumes no responsibility whatsoever in the event you become in violation of laws and regulations of Canada or any other country as a result of using the Service.
13. Functions and various kinds of data provided by the Service are still under development and the Company does not guarantee any permanent provision of the same.
14. The operation period and termination date of the Service may be modified or the Service may be terminated at the discretion of the Company.
15. Notwithstanding the foregoing, in the event the Company assumes any responsibility for any reason, the Company's liability for your damage shall be limited to the amount of consideration you paid in the last 1 month, and the Company shall assume no responsibility to indemnify you for any incidental damage, indirect damage, special damage, future damage and lost profit.
16. In-game outputs generated by AI can be inaccurate, incomplete, or inappropriate. You should not rely on AI outputs for real-world advice. The Company disclaims all liability arising from your reliance on such outputs to the fullest extent permitted by law.
If any of the clauses in the Terms or a part of them are determined invalid or unenforceable, the remaining provisions of the Terms shall continue to be valid and enforceable.
In the event your action falls under any of the prohibited matters provided for in the Terms, or if the Company recognizes that your action infringes rights or benefits of any third-party including the Company or other customers, the Company may take all necessary measures to recover, and smoothly use, provide and operate the Service. In such event, you will be liable for any damage the Company or any third-party incurred. Whenever necessary, the Company may disclose and provide your private information, such as name, address etc., to any research agency or investigating authority.
All matters with respect to the Terms, including their formation, validity, interpretation and performance, shall be governed by the laws of Canada. Any dispute arising between you and the Company in connection with the Service shall be settled through good faith discussion, and any legal action relating to any dispute which has not been so settled may be instituted, on an exclusive basis, in the courts of the province of British Columbia, Canada. Both parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to the Terms or any dispute arising out of or transactions based on the Terms.
Supplementary Provisions
The Terms shall be effective from July 21, 2024.
