1. General Terms
1.2. Eligibility of User
Natural persons as opposed to any kind of legal entities shall have the right to create an account. By accessing, using, and/or submitting content or messages to or through our Services, you represent and agree that you have the legal capacity to agree to accept these Terms in the jurisdiction where you reside. You agree to comply with these Terms on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to use our Services using your account. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with these Terms and all other policies, notices, and/or agreements.
1.3 Parental Control Information
Parental control protections (such as computer hardware, software, applications, or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to minors.
2. About Accessing and Using Our Services
2.1. Limited License and revocation
Subject to your agreement and complete compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use our Services for your own personal and non-commercial use. You agree not to use our Services for anything else. Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law.
We reserve the right to revoke the limited license granted to you herein at our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Money or Virtual Goods, without any liability to you. You understand and agree that you will not be compensated under any circumstances for any Virtual Money, Virtual Goods, anything else associated with your account, or for any other reason whatsoever, regardless of whether you are barred from access to them as a result of the revocation of the limited license.
You agree that you will not, under any circumstances:
(a) Engage in any act that deems to be in conflict with the spirit or intent of the Service or make improper use of our support services.
(b) Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service, Game, or any Game experience.
(c) Modify or cause to be modified any files that are a part of the Service without written consent from Skypeople
(d) Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players, and any other act that intentionally abuses or goes against the design of the Service.
(e) Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service.
(f) Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
(g) Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Skypeople, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
(h) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
(i) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
(j) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Skypeople employees, including Skypeople’s customer service representatives.
(k) Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other rights of any person or entity or impersonates any other person, including without limitation a Skypeople. employee.
(l) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or to obtain any information from the Service using any method not expressly permitted by Skypeople.
(m) Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service.
(n) Collect or post anyone's private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Service.
2.2. Change of Services (Optional)
We reserve the right to change all or part of our Services without any liability, at any time without any prior notice to you. Without limitation, the generality of our rights reserved in the foregoing, we may modify our Services:
(a) for technical reasons (such as technical difficulties experienced by us or on the internet);
(b) to allow us to improve user experience;
(c) where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services);
(d) because it no longer makes business sense for us to provide the relevant Service; or
(e) because we have altered the Services we provide.
2.3. System Outage
There may also be times when our Services or any part of a Service is not available for technical or maintenance-related reasons, whether on a scheduled or unscheduled basis. You agree that Skypeople has no responsibility and is not liable for unavailability of the Services or any part thereof, any loss of materials, data, transactions, or any other information or materials caused by such system outages, or other losses whatsoever resulting from such system outage.
2.4. Game Rules
The specific game rules, scoring rules, controls, and guidelines for each Service can be found within the Service itself. You agree to comply with such rules, scoring rules, controls, and guidelines form part of these terms in respect of each individual Service which you choose to access and/or play.
2.5. Third Party Charges
You are responsible for the internet connection and/or mobile charges that may incur for playing our Services. You should ask your mobile operator if you are unsure what these charges will be before you play. In addition, we are not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions.
2.6. Equipment/ Internet
You are also responsible for obtaining and maintaining computer hardware, mobile phone device, communication device, equipment, operating system, data connection, and services necessary for using the Service under Users' own responsibility and expense.
3.1. User Login
You agree that you shall take all steps necessary to protect your login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. For purposes herein, the term “login details” includes your user name, password, and other information used to access your account, and shall also include such login details and accounts for any social network or third-party platform that you may allow our Services to interact with.
3.2. Responsibility of Account User
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS CONFIDENTIAL AND ALL USES OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOGIN DETAILS, WHETHER OR NOT AUTHORIZED BY YOU. You may not use anyone else’s account or permit others to use your account at any time. You acknowledge and agree to accept full responsibility for all fees and purchases made through your account (including any unauthorized purchases) and agree to fully compensate us for any loss or harm that may result. Skypeople will not be responsible to you for any losses resulting from unauthorized access or use of your account, whether fraudulently or otherwise.
3.3. Termination of Inactive Account
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 180 days. In such an event, you will no longer be able to access and/or use the Services using the terminated account. Any Virtual Money and/or Virtual Goods associated with the terminated account will also be deleted, and no refund will be offered to you with respect to such Virtual Money or Virtual Goods deleted.
3.5. Effect of Account Termination
You understand that if you delete your account, or if we terminate and/or delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).
4. Virtual Goods and Virtual Money
4.1. Our Services may include fictional currencies such as coins, gold coins and points (“Virtual Money”), and virtual items or services for use with our Services (“Virtual Goods”). You agree that you will only purchase Virtual Money and/or Virtual Goods from us or an official third-party store used by us, and not from any unauthorized third-party. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, at our sole discretion.
4.2. You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use such virtual items exclusively within the Services – any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title, or ownership with respect to Virtual Money or Virtual Goods. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS, OR SERVICES FROM US OR ANYONE ELSE.
4.3. You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our services begins and completes promptly, and therefore your right of withdrawal is lost at this point.
4.4. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods at our sole discretion and without any liability to you.
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 playing our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing our Services.
5.2. You agree that all the information you provide to us while 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, including through third-party platforms, by you or another user (“Content”). Such Content may be redistributed by us or others through the Services or through authorized third-party platforms. You understand and agree that all Content that you may post or transmit 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. We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity, or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted, or otherwise made available via our Services.
5.5. We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that play our Services and we make no undertaking to do so.
5.6. You are solely responsible for your interactions with other users of our Services.
6. Using our Services against opponents
6.1. Some of our Services allow you to compete with or against another User. You may be able to choose to (i) play against another User whom we select for you, or (ii) play against one of your contacts from a social network (such as Facebook) or other third-party platforms that you have allowed our Services to access and interact with. Some Services may also allow you to search for your friends (for example, by your friend’s email address). We may also display the names of your past opponents so that you can easily find them to play again.
6.2. Where we select an opponent for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or level you have reached in the Service).
6.3. By accessing and/or using those of our Services that allow you to use against an opponent, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must know your email address themselves in order to search for you.
7.1. We reserve the right to suspend or terminate your access to our Services (including by deleting your account) and revoke your limited license granted herein, with or without prior notice to you, at any time for any reason or for no reason.
7.2. Without limiting the generality of Section 7.1, if we believe that you are in material breach of these Terms (including by repeated minor breaches), we may terminate and delete your account without warning. We may also terminate or suspend your account for any other reason that we in our sole discretion determine appropriate. For the purposes herein, any breach of Sections 2.1 shall be deemed to constitute material breaches of these Terms subject to immediate termination of your account and access to our Services.
7.3. You agree to compensate us for all losses, harm, claims, and expenses that may arise from any breach of these Terms by you.
8. Disclaimer and Release
8.1. Disclaimer of Warranties
THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE PROVIDED “AS IS'' AND WITH NO REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES, AND OUR SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES AND/OR ANY HYPERLINKED WEBSITE.
Although we attempt to ensure the integrity and accurateness of the Services, we make no guarantees whatsoever as to the correctness or accuracy of the Services, or that your use of the Services will be uninterrupted, error-free, secure, or that errors or defects will be corrected, or that the Services, the server(s) on which the Services are hosted, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
8.2. Limitation of Liability
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THOSE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU IN THE 100 DAY PERIOD ENDING ON THE DATE OF YOUR CLAIM.
8.3. Statute of Limitation
Any claim or cause of action arising out of or related to the use of the Services, including any Services or information available through third-party platforms, or the Terms must be filed within 1 year after such claim or cause of action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such a 1 year period, such claim or cause of action are forever barred.
8.4. We are not responsible and expressly disclaim any liability for any transactions administered by a third-party payment service provider and/or store.
9. Intellectual property
9.1. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) are owned by or licensed to us.
9.2. All pages within the Website and any material made available through Services are the property of Skypeople and/or its affiliates. The Website and the Services are protected by federal and international copyright and trademark laws. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing. All rights not expressly granted by these Terms are reserved by Company Name
9.3. In particular, and without limiting the application of paragraph 9.2, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
9.4 The trademarks, trade names, trade dress, logos, and service marks displayed in the Services or any third-party platform, including but not limited to “Skypeople,” are the registered and/or unregistered trademarks of Skypeople. All other trademarks, service marks, and logos used in the Services are the trademarks, service marks, or logos of their respective owners.
9.5. By submitting Content via our Services you:
(a) are representing that you are fully entitled to do so;
(b) grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, edit, adapt, modify, host, store, publish, create derivative works of, publicly perform, display, market, advertise and sell your Content and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
(c) acknowledge that you may have what is known as “moral rights” in the Content (for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment), and agree to waive any such moral rights you may have in the Content; and
(d) agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
9.6. You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other User of our Services.
9.7. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. If you believe in good faith that materials hosted by us infringe your intellectual property rights have been infringed, then please contact us by accessing the Customer Center in our Services and provide the following information:
(a) a description of the intellectual property rights in reasonably sufficient details and an explanation as to how they have been infringed;
(b) a description of the infringing material and where the infringing material is located;
(c) your address, phone number, and email address at which we can contact you;
(d) a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of the material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(e) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
The Notice of Your Claim may also be submitted in writing to our designated agent as follows:
Glohow Co., Ltd.
1201 Bangkok Business Center Building, 29, Sukhumvit 63 Road (Ekkamai), Khlong Tan Nuea, Watthana, Bangkok 10110 Thailand
Support email: email@example.com
10.3. You acknowledge that the Website and Services may not be private or secure, and we make no guarantees whatsoever. You are responsible for taking necessary and appropriate precautions and security measures best suited for your use of the Services.
We may provide links to third-party websites or services within our Services solely as a convenience to you. You understand that we do not control any contents, goods, or services by such third parties. We do not make any representations or warranties whatsoever about any other website that you may access through our Services, and we do not endorse the same. Access and use of the linked site or services are solely at your own risk and responsibility, and you acknowledge and agree that we are not responsible or liable to you, directly or indirectly, for any losses or harm caused by your use of the linked website or services, and any contents, information, advertisement, or other links therein.
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefore. However, we may transfer or assign all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent and without any restriction.
14. Non-excluded liabilities
Notwithstanding Section 8, nothing in these Terms limits our liability for fraud, willful injury or violation of law, or any other liability which may not by law be excluded.
You agree to indemnify, defend and hold harmless Skypeople, its officers, directors, affiliates, parents, subsidiaries, partners, employees, consultants, representatives, and agents from and against any and all liabilities, claims, losses, damages, expenses, and costs (including reasonable attorney fees and court costs) that may arise from any breach of these Terms by you, your access to and use of the Services.
16. Entire agreement
These Terms set out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all earlier agreements and understandings between you and us. A person who is not a party to these Terms has no right to rely upon or enforce any part of these Terms.
17. Update of Services. (Change Title from Modification)
If any part of these Terms is held to be unlawful, void, or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of these Terms shall remain valid and enforceable.
19. Waivers of Our Rights
Our failure or delay to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by us.
20. Choice of Law and Forum.
The Terms are governed by and construed in accordance with the laws of the Republic of Korea without regard to its conflict of law provisions. You and Skypeople each agree that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Terms or the relationship between you and Skypeople shall be brought exclusively in the courts located in Seoul, Korea Court You and Skypeople agree to submit to the personal jurisdiction of the courts located Seoul, Korea, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
21.2. The Company may set aside separate operational policies.
21.3. "NFT" means "Non-fungible Token" which has its unique key values. Users may use NFT issued by the Company or third parties within Company's game services or in Klip.
21.4. "Address" means a unique address utilized by the Company's services in order to record user information.
21.5. If you transfer an item into NTF, it will become the user's property. If you import it to the game, it will be considered as an item.
21.6. The Company is not liable for any damages incurred due to the user's negligence in sending NTF to the wrong address.
21.7. The Company may suspend the user's account and limit the use of services in the following cases:
(a) When trading NFT in an unauthorized manner
(b) When using NFT for unlawful purposes
(c) When the act violates the Company's operational policy and is considered cheating
enforcement date : 25 Jan 2023