Terms of Service

 

1 About these terms

1.1 These terms apply to your download, access and/or use of Hinode games, whether on your computer, on a mobile device, on our website www.hinode-studio.com (the "Website") or any other website, device or platform (each a "Game" and together the "Games"). These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time (we refer to all our Games and other services collectively as the "Services" in these terms). In these terms references to "Hinode", "we", "us" and "our" are references to Hinode Inc. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.

1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.

1.3 These terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, Amazon App Store or Windows Phone Store), on any website or platform where you can play our Games such as www.facebook.com, and on our website at www.hinode-studio.com (the “Website”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy (see paragraph 11 below).

1.4 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.

 

2 Service Access & Use

2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

 

3 Accounts

3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.

3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.

3.3 In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.

3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

3.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.

3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

3.9 Your account is personal to you and you are not entitled to transfer your account to any other person.

 

4 Virtual Money and Virtual Goods

4.1 Our Games may include virtual currencies such as gold bars and gems (“Virtual Money"), items or services for use with our Games (“Virtual Goods"). You agree that once purchased Virtual Money and/or Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money and/or Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money and/or Virtual Goods to anyone else.

4.2 You do not own Virtual Goods and/or Virtual Money but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.

4.3 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.

4.4 If you do not connect your game play on a device to an account that is linked to either your social network account or a Hinode account, we will not be able to restore any Virtual Money or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:

- any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.3 above;

- any risk of loss of Virtual Money that you receive from us without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers; and

- any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.

4.5 The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected your game play on a device to an account that is linked to either your social network account or King account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Goods which you purchase from us, upon completion of the purchase as described in paragraph 4.3 above; and/or (ii) in other cases, at the time the Virtual Goods are credited or awarded to you.

4.6 We reserve the right to control, regulate, change or remove any Virtual Money and/or Virtual Goods without any liability to you at any time.

4.7 We may revise the pricing for Virtual Money and/or Virtual Goods offered through the Services at any time. We may limit the total amount of Virtual Money or Virtual Goods that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.

4.8 Depending on your platform, any Virtual Money or Virtual Goods purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

4.9 Without limiting the other provisions of these Terms, if we suspend or terminate your account in accordance with these terms you may lose any Virtual Money and/or Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.

4.10 Refund Policy

- You can request for a purchase withdrawal if you have purchased any Virtual Money or Virtual goods in cash within the last 7 days and if they are completely unused. If you have purchased them within the last 7 days but have used up part of them, then you can no longer request for a purchase withdrawal.

- If additional Virtual Money and/or Virtual Goods are provided with purchased Virtual Money and Virtual Goods, you cannot request a withdrawal if some of the additional Virtual Money and/or Virtual Goods are used.

- In addition, if you have received any virtual goods or currencies as a gift, you cannot request for a purchase withdrawal for these or exchange them for cash.

- Purchase withdrawals can be made through our customer service (cs@hinode-studio.com) and it will be returned to the same method you used to make the payment. When processing your purchase withdrawal request, the virtual goods and currencies will be collected, however, please understand that the time of refund will differ according to the payment method used.

- However, if there was a fault with Virtual Money and Virtual Goods you received, you can make a purchase withdrawal request within the 3 months of their purchase, or within the 30 days from the date you knew or could know about the fault, whichever comes first.

- If a minor deals with us without consent from the legal representative, the minor or the legal representative can cancel the transaction. In such a case, we can request the submission of a public identity certificate to confirm the identity and age of the minor before refund processing. If the minor does not have such the identity certificate, the legal representative may request cancellation by presenting his credentials and documents certifying the statutory representative's qualifications.

 

5 User conduct and content

5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.

5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:

- that is illegal or could cause liability

- which you do not have a right to make available lawfully (such as inside information or confidential information);

- that is or could reasonably be viewed as invasive of another's privacy;

- that is or could reasonably be viewed as harassing and defamatory

- that is or could reasonably be viewed as obscene or otherwise objectionable;

- that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;

- which infringes any intellectual property right or other proprietary right of others;

- which consists of any unsolicited or unauthorised advertising, promotional materials, or any other form of solicitation; or

- which contains software viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

5.5 You agree that you will not:

- use our Services to harm anyone or to cause offence to or harass any person;

- create more than one account per platform to access our Services;

- use another person or entity’s email address in order to sign up to use our Services;

- use our Services for fraudulent or abusive purposes;

- disguise, anonymise or hide your IP address or the source of any Content that you may upload;

- use our Services for any commercial or business purpose or for the benefit of any third party;

- remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;

- interfere with or disrupt our Services or servers or networks that provide our Services;

- attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

- Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;

- sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Money and/or Virtual Goods;

- disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;

- disobey any requirements or regulations of any network connected to our Services;

- use our Services in violation of any applicable law or regulation;

- use our Services to cheat or design or assist in cheating, or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or

- use our Services in any other way not permitted by these terms.

 

6 Playing our Games with other users

6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:

- choose to play against another user or to play socially with another user whom Hinode selects for you, or

- play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with.Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

6.2 Where Hinode selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent.

6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. 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 publically, and not your email address; another user must already know your email address themselves in order to search for you.

 

7 Your breach of these terms

7.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

- reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.

- modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;

- suspend and/or terminate your access to our Services;

- modify, suspend and/or delete your account or parts of your account;

- Without limitation, any breaches of paragraphs 4.1, 4.7, 5.4 or 5.5 are likely to be considered material breaches.

7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

 

8 Limitation Of Liability

8.1 In no event shall Hinode, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.

 

9 Warranty Disclaimer

9.1 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

9.2 Hinode, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

10 Intellectual Property

10.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.

10.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.

10.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. 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.

10.4 You must not make use or 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.

10.5 By submitting Content (as defined in paragraph 5.3) via our Services you:

- are representing that you are fully entitled to do so;

- grant us and our group companies the right to edit, adapt, publish and use your entry 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;

- 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. You agree to waive any such moral rights you may have in the Content; and

- 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.

10.6 We do not review or accept any suggestions or ideas, including ideas for new games, characters, game names, skills, promotions, game feedback and improvements (hereinafter referred to as "Voluntary Suggestions"). However, if you submit the Voluntary Suggestions to us, you acknowledge and agree that we do not need to maintain its confidentiality and allow to use it for any purpose without paying any liability or consideration.

 

11 Privacy

11.1 For information about how we collect and use information about users of the Service, please check out our privacy policy available at https://www.hinode-studio.com/privacy-policy/en.

 

12 Links & Third Party Content

12.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. 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 own privacy policy does not apply in relation to that data.

 

13 Providing information and displaying ads

13.1 We may display ads for the purpose of maintaining this service, etc., and you agree to the advertisement which is exposed when using the service.

13.2 We shall not be liable for any loss or damage caused by your the participation, communication or transaction in the ads of Section 13.1, which is the third party entity provided by us.

13.3 We may request additional informations about you for the purpose of improving the service and introducing the service to you. You may approve the request and provide or refuse additional information.s

13.4 You agree that we may send various information, including commercial information for commercial purpose which is deemed necessary during the use of the service by SMS, smart phone notification (push notification), e-mail, etc. through the personal information collected from you. However, if you do not want to receive at any time, we do not send out the advertisement information when you refuse to receive.

 

14 Transferring these terms

14.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

 

15 Separability

15.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.

 

16 Waivers

16.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

 

17 Termination

17.1 We reserve the right to modify or discontinue them at our sole discretion without any liability to you at any time for reasons as below:

- for legal reasons (such as privacy, data protection, or other legal matter related to the content or the execution of our services);

- for reasons to improve the user experience;

- for reasons that that our services have changed;

- for economic reasons due to a limited number of users continuing to make use of them over time;

- for technical reasons (such as technical difficulties experienced by us or on the internet) or;

- for other reasons.

 

18 Governing Law

18.1 This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Seoul, Republic of Korea, without giving effect to any principles of conflicts of law.

 

19 Changes to these terms

19.1 You can find these terms at any time by visiting hinode-studio.com/terms-of-service/en.

19.2 We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.

 

20 Entire Agreement

20.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.

 

21 Questions about these terms

21.1 If you have any questions about these terms or our Services you may contact us by email at cs@hinode-studio.com.

 

Updated : Aug 28, 2018