Terms of Service ("TOS")
Effective Date: June 14, 2019.
These terms of service (“TOS”) apply to you and OneGame Studio ("OneGame”) regarding your use of OneGame´s games, websites, discussion forums and related services ("Services"). Use of the Services is also governed by OneGame´s Privacy Notice available at http://www.onegame.mobi/privacy.htm , which is incorporated by reference.
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.
By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.
Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.
If you access the Services from a social networking site ("SNS"), such as Facebook, you agree to comply with its terms of service as well as these TOS.
OneGame may issue additional policies related to specific components of the Services (including, but not limited to, forums, contests, sweepstakes or loyalty programs). Your right to use the Services is subject to such relevant policies and these TOS.
1. Right to Use the Services
Subject to these TOS, OneGame hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as previously set forth, you do not receive any other license. OneGame retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without OneGame’s prior written consent. OneGame reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from OneGame or third parties.
2. Purchases in the Services
OneGame may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
OneGame may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither OneGame nor any other person or entity has any obligation to exchange Virtual Items for anything of value. OneGame is not liable for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
By law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that OneGame is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary.
If you ask for your personal data to be deleted as described in OneGame’s Privacy Notice, you will permanently forfeit all of your Virtual Items without the right to refund, as OneGame will no longer be able associate such Virtual Items with you.
3. Code of Conduct
You agree that you will not, under any circumstances:
4. Third-Party Services
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which OneGame is not a party.
5. Accounts and Login Information
Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). 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 agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. OneGame may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.
OneGame reserves the right to delete your Account if OneGame observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
6. User Contributions
The Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively “User Contributions”).
In exchange for use of the Services, you hereby grant OneGame a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to OneGame's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to OneGame, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.
OneGame, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to OneGame or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by OneGame without compensation to you or any third party and you grant OneGame a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
7. Communications between Users of the Services
OneGame assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. OneGame does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. OneGame may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.
OneGame reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time OneGame chooses, at its sole discretion, to monitor the Services, OneGame nonetheless assumes no responsibility for content made available by users of the Services, and OneGame assumes no obligation to modify or remove any inappropriate content.
8. Suspension and Termination for your Breach
Without limiting any other remedies available to OneGame, if OneGame believes that you are in breach of these TOS, OneGame reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
9. Availability of the Services
OneGame may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if OneGame believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these TOS.
OneGame reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, OneGame does not have to provide refunds for Virtual Items or other items in connection with such discontinued Services.
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. OneGame does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. OneGame does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by OneGame, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
11. Limitations of Liability
In no way will OneGame be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not OneGame has been advised of the possibility of such damages. For purposes of Article 12 “Limitations of Liability,” OneGame’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
In no way will OneGame´s total aggregate liability arising out of or in connection with these TOS, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between OneGame and you.
Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
You agree to indemnify, defend and hold OneGame (and OneGame´s 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 Services, or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
12. Copyright and DMCA
If you believe the Services or any of its content infringes your copyrights, please send a notice to: MOBIONE CO.,LTD, Floor 4th - C'Land Building - No 81 Le Duc Tho Street - My Dinh 2 Ward - Nam Tu Liem District - Hanoi City - Vietnam. or alternatively via email to: [email protected]. Notices sent to the specified address will reach OneGame´s registered DMCA agent.
Please include all of the following in your DMCA notice:
Include the following statement in the body of the DMCA notice:
“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to OneGame.
13. Links to Third-party Products and Services
14. Governing Law
If you are a resident outside the United States, you agree that all disputes between you and OneGame shall be governed by the laws of Vietnam, regardless of conflict of law provisions. You agree that any claim or dispute you may file against OneGame must be resolved exclusively by a court located in Hanoi, Vietnam.
If the jurisdiction of your domicile prohibits OneGame from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
15. Assignment, Severability and Entire Agreement
OneGame may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Notice without OneGame’s prior written consent, and any unauthorized assignment and delegation by you is void.
If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. OneGame’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
This TOS and Privacy Notice set out the entire agreement between you and OneGame regarding the Services and supersede all earlier agreements and understandings between you and OneGame.
Any failure by OneGame to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of OneGame.
If you have any questions about these TOS, please contact [email protected].
16. Licensed application end user license agreement.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
• Some parts of the Service are billed on a subscription basis («Subscription(s)»). Subscription provides access to dynamic content or services in the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game («Subscription Period»). Payments for such subscriptions would be charged at your Apple App Store or Google Play account («Account») when You confirm the Subscription by available confirmation tools of the Game. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
• Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If You do not cancel the Trial Subscription within such period, Subscription Fee shall be withdrawn from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-day trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. This must be done 24 hours before the end of the free trial subscription period (Apple App Store), or at any time before the end of the free trial subscription period (Google Play Store), otherwise it will be renewed as a paid subscription. PG cannot cancel Your free-trial subscription if it has already been activated.
• Subscription is automatically renewable for the same price and duration period as the original subscription package chosen by You, unless You turn off it: in case of an Apple App Store, at least 24-hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time before the end of the subscription period. Subscription Fee for renewal shall be taken from Your Account within 24-hours prior to the end of the current subscription period (Apple App Store), or at the end of the subscription period (Google Play Store) at the cost of the chosen package. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
• Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. If Subscription has already been activated, You can cancel the Subscription at any time and the cancellation will take effect after the end of the last day of that subscription period.
• Except when required by law, paid Subscription Fees are non-refundable.
• OneGame in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period.