The terms of this agreement ("Terms of Service") govern the
relationship between you and SUPERMOON studio, a Korean company (business ID 287-87-00758)
having its registered office at Mario Tower 818-ho, 28, Digital-ro 30-gil,
Guro-gu, Seoul, Republic of Korea, (hereinafter "SUPERMOON studio" or
"Us" or "We") regarding your use of SUPERMOON studio's
games, websites and related services (the "Service"). Use of the
Service is also governed by SUPERMOON studio's Privacy Policy and other
relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any SUPERMOON
studio website or accessing a game, you must agree to these Terms of Service
and the Privacy Policy. You may also be required to register an account on the
Service (an "Account"). By registering for an Account or otherwise
using the Service, you represent that you are age 3 or older. If you are
between the ages of 13 and 17, you represent that your legal guardian has
reviewed and agreed to these Terms. If you access the Service from a Social
Networking Site ("SNS"), such as Facebook or Google+, you shall
comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE
TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT
INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE
PROHIBITED.
SUPERMOON studio reserves the right, at its discretion, to change, modify,
add or remove portions of these Terms of Service, its Privacy Policy and
other relevant SUPERMOON studio policies at any time by posting the amended
terms on the SUPERMOON studio Service. You will be deemed to have accepted such
changes by continuing to use the Service. If at any point you do not agree to
any portion of the then-current version of our Terms of Service, the SUPERMOON
studio Privacy Policy, or any other SUPERMOON studio policy, rules or codes of
conduct relating to your use of the Service, your license to use the Service
shall immediately terminate, and you must immediately stop using the Service.
1. License
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of
Service and any other relevant SUPERMOON studio policies, SUPERMOON studio
grants you a non-exclusive, non-transferable, non-sublicensable, revocable and
limited license to access and use the Service for your own non-commercial
entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
- You shall not create an Account or access the Service if you are under
the age of 3; You shall restrict use by minors, and you will deny access
to children under the age of 13. You accept full responsibility for any
unauthorized use of the Service by minors. You are responsible for any use
of your credit card or other payment instrument (e.g. paypal) by minors.
- You shall not (or attempt to) purchase, sell, rent or give away your
Account, create an Account using a false identity or information, or on
behalf of someone other than yourself; You shall not use the Service if
you have previously been removed by SUPERMOON studio, or previously been
banned from playing any SUPERMOON studio game.
- You shall use your Account only for non-commercial purposes; You shall
not use the Service to advertise, or solicit, or transmit any commercial
advertisements, including chain letters, junk or spam e-mail or repetitive
or misleading messages to anyone.
Login information and Your 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 shall not share the Account or the Login Information, nor let anyone else
access your Account or do anything else that might jeopardize the security of
your Account. In the event you become aware of or reasonably suspect any breach
of security, including without limitation any loss, theft, or unauthorized
disclosure of the Login Information, you must immediately notify SUPERMOON
studio and modify your Login Information. You are solely responsible for maintaining
the confidentiality of the Login Information, and you will be responsible for
all uses of the Login Information, including purchases, whether or not
authorized by you. You are responsible for anything that happens through your
Account.
SUPERMOON studio reserves the right to remove or reclaim any usernames at
any time and for any reason, including but not limited to claims by a third
party that a username violates the third party's rights.
The Service supports only one Account per game on a supported device.
License Limitations
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.
You agree that you will not, under any circumstances:
- Engage in any act that SUPERMOON studio deems to be in conflict with
the spirit or intent of the Service or make improper use of SUPERMOON
studio's support services.
- 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, any
SUPERMOON studio game or any SUPERMOON studio game experience.
- Modify or cause to be modified any files that are a part of the
Service or any SUPERMOON studio game without SUPERMOON studio's express
written consent.
- 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 or playing SUPERMOON studio's
games. 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.
- Disrupt, overburden, or aid or assist in the disruption or
overburdening of any computer or server ("Server") used to offer
or support the Service or any SUPERMOON studio game environment.
- 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.
- 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 SUPERMOON
studio, 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.
- 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.
- Post any information that contains nudity, excessive violence, or
offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite
harassment, abuse, or harm of another person, group, including SUPERMOON
studio employees, including SUPERMOON studio's customer service
representatives.
- 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 right of any person or entity or
impersonates any other person, including without limitation a SUPERMOON
studio employee.
- 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 any SUPERMOON studio
game, or to obtain any information from the Service or any SUPERMOON
studio game using any method not expressly permitted by SUPERMOON studio.
- Solicit or attempt to solicit Login Information or any other login
credentials or personal information from other users of the Service or any
SUPERMOON studio game.
- 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.
SUPERMOON studio reserves the right to determine what conduct it considers
to be in violation of the rules of use or otherwise outside the intent or
spirit of these Terms of Service or the Service itself. SUPERMOON studio
reserves the right to take action as a result, which may include terminating
your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and
Service
WITHOUT LIMITING ANY OTHER REMEDIES, SUPERMOON STUDIO MAY LIMIT, SUSPEND,
TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS
THEREOF IF YOU ARE, OR SUPERMOON STUDIO SUSPECTS THAT YOU ARE, FAILING TO
COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED
ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN
LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT
TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS
AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SUPERMOON
STUDIO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE
SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND
SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT,
AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE
IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES,
INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING
INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION,
SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS.
SUPERMOON STUDIO RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN
INACTIVE FOR 180 DAYS.
SUPERMOON studio reserves the right to stop offering and/or supporting the
Service or a particular game or part of the Service at any time, at which point
your license to use the Service or a part thereof will be automatically
terminated. In such event, SUPERMOON studio shall not be required to provide
refunds, benefits or other compensation to users in connection with such
discontinued Service
. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (including without
limitation any games, titles, computer code, themes, objects, characters,
character names, stories, dialogue, catch phrases, concepts, artwork,
animations, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, documentation, in-game chat transcripts, character
profile information, recordings of games played using a SUPERMOON studio game
client, and the SUPERMOON studio game clients and server software) are owned by
SUPERMOON studio. SUPERMOON studio reserves all rights, including without
limitation, all intellectual property rights or other proprietary rights, in
connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE
THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND
YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND
SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SUPERMOON STUDIO.
2.3. Virtual Items
SUPERMOON studio owns, has licensed, or otherwise has rights to use all of
the content that appears in the Service or in SUPERMOON studio games.
Notwithstanding any provision to the contrary herein, you agree that you have
no right or title in or to any content that appears in the Service, including
without limitation the virtual goods or currency appearing or originating in
any SUPERMOON studio game, whether earned in a game or purchased from SUPERMOON
studio, or any other attributes associated with an Account or stored on the
Service.
3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all
the material, data, and information that you upload or transmit through a SUPERMOON
studio game client or the Service, or that other users upload or transmit,
including without limitation any chat text. By transmitting or submitting any
User Content while using the Service, you affirm, represent and warrant that
such transmission or submission is (a) accurate and not confidential or
misleading; (b) not in violation of any laws, contractual restrictions or other
third party rights, and that you have permission from any third party whose
personal information or intellectual property is comprised in the User Content;
(c) free of viruses, adware, spyware, worms or other malicious code; and (d)
you acknowledge and agree that any of your personal information within such
content will at all times be processed by SUPERMOON studio in accordance with
its Privacy Policy.
3.1.1. Content Screening
SUPERMOON studio assumes no responsibility for the conduct of any user
submitting any User Content, and assumes no responsibility for monitoring the
Service for inappropriate content or conduct. We do not, and cannot, pre-screen
or monitor all User Content. Your use of the Service is at your own risk. By
using the Service, you may be exposed to User Content that is offensive,
indecent or otherwise not in line with your expectations. You bear all risks
associated with the use of any User Content available in connection with the
Service. At our discretion, our representatives or
technology may monitor and/or record your interaction with the Service or
communications (including without limitation chat text) when you are using the
Service.
By entering into these Terms of Service, you hereby provide your
irrevocable consent to such monitoring and recording. You acknowledge and agree
that you have no expectation of privacy concerning the transmission of any User
Content, including without limitation chat text or voice communications.
SUPERMOON studio reserves the right in its sole discretion to review,
monitor, prohibit, edit, delete, disable access to or otherwise make
unavailable any User Content (including without limitation your User Content)
without notice for any reason or for no reason at any time. If at any time SUPERMOON
studio chooses, in its sole discretion, to monitor the Service, SUPERMOON
studio nonetheless assumes no responsibility for User Content and assumes no
obligation to modify or remove any inappropriate User Content. We have the
right, but not the obligation, in our sole discretion to edit, refuse to post,
or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you
can post User Content, including your observations and comments on designated
topics. SUPERMOON studio cannot guarantee that other members will not use the
ideas and information that you share. Therefore, if you have an idea or
information that you would like to keep confidential and/or don't want others
to use, do not post it on the Service. SUPERMOON studio shall have no
responsibility to evaluate, use or compensate you for any ideas or information
you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or
in connection with the Service and that you provide to others. SUPERMOON studio
may reject, refuse to post or delete any User Content for any or no reason,
including, but not limited to, User Content that in the sole judgment of SUPERMOON
studio violates these Terms of Service.
3.2.3. Your License to SUPERMOON studio
You hereby grant to SUPERMOON studio an irrevocable, perpetual,
transferable, fully paid-up, royalty-free, worldwide license (including the
right to sublicense and assign to third party) and right to copy, reproduce,
fix, adapt, modify, create derivative works from, manufacture, commercialize,
publish, distribute, sell, license, sublicense, transfer, lease, transmit,
publicly display, publicly perform, or provide access to electronically,
broadcast, communicate to the public by telecommunication, display, perform,
enter into computer memory, and use and practice, in any way, your User Content
as well as all modified and derivative works thereof in connection with our
provision of the Service, including marketing and promotions of the Service.
You also hereby grant to SUPERMOON studio the right to authorize others to
exercise any of the rights granted to SUPERMOON studio under these Terms of
Service. You further hereby grant to SUPERMOON studio the unconditional,
irrevocable right to use and exploit your name, likeness and any other
information or material included in any User Content and in connection with any
User Content, without any obligation to you. Except as prohibited by law, you
waive any rights of attribution and/or any moral rights you may have in your
User Content, regardless of whether your User Content is altered or changed in
any manner. SUPERMOON studio does not claim any ownership rights in your User
Content and nothing in these Terms of Service is intended to restrict any
rights that you may have to use and exploit your User Content. SUPERMOON studio
has no obligation to monitor or enforce your intellectual property rights in or
to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the
Service and any other parties with whom you interact through the Service and/or
SUPERMOON studio games. SUPERMOON studio reserves the right, but has no
obligation, to become involved in any way with these disputes. You will fully
cooperate with SUPERMOON studio to investigate any suspected unlawful,
fraudulent or improper activity, including, without limitation, granting SUPERMOON
studio access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our
officers, directors, agents, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with such
disputes.
4. Fees and Purchase Terms
4.1.Purchases
In the Service you may purchase, with "real world" money, a
limited, personal, non-transferable, non-sublicensable, revocable license to
use (a) "virtual currency", including but not limited to virtual cash
or diamonds, all for use in SUPERMOON studio games; (b) "virtual in-game
items" (together with "virtual currency", "Virtual
Items"); and (c) other goods or services ("Merchandise"). You
are only allowed to purchase Virtual Items from us or our authorised partners
through the Service, and not in any other way.
SUPERMOON studio may manage, regulate, control, modify or eliminate Virtual
Items and/or Merchandise at any time, with or without notice. SUPERMOON studio
shall have no liability to you or any third party in the event that SUPERMOON
studio exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where
expressly authorized in the Service. Other than as expressly authorized in the
Service, you shall not sell, purchase, redeem or otherwise transfer Virtual
Items or Merchandise to any person or entity or attempt any of the aforesaid,
including but not limited to SUPERMOON studio, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE
FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in SUPERMOON studio games is a
service provided by SUPERMOON studio that commences immediately upon acceptance
by SUPERMOON studio of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone
using an Account registered to you. SUPERMOON studio may revise the pricing for
the goods and services offered through the Service at any time. YOU ACKNOWLEDGE
THAT SUPERMOON STUDIO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND
THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS
WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. SUPERMOON studio may
require that you accept updates to the Service and to SUPERMOON studio's games
you have installed on your device or computer. You acknowledge and agree that SUPERMOON
studio may update the Service and SUPERMOON studio games, with or without
notifying you. You may need to update third party software from time to time in
order to receive the Service and play SUPERMOON studio games.
6. Disclaimer of Warranties
WITHOUT LIMITING SUPERMOON STUDIO'S LIABILITY UNDER
SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE. SUPERMOON STUDIO DOES NOT WARRANT THAT YOU
WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE
TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy;
Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERMOON STUDIO SHALL NOT BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER
SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE
TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT SUPERMOON STUDIO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, SUPERMOON
STUDIO SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO SUPERMOON
STUDIO IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU
ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO SUPERMOON STUDIO
DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND SUPERMOON STUDIO'S EXCLUSIVE
LIABILITY) FOR ANY DISPUTE WITH SUPERMOON STUDIO IS TO STOP USING THE SERVICE
AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY
CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT OF SUPERMOON STUDIO OR FOR DEATH OR PERSONAL INJURY
ARISING FROM ANY NEGLIGENCE OR FRAUD OF SUPERMOON STUDIO.
You agree to indemnify, defend and hold SUPERMOON studio (and our 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 Service, or any breach by you of these Terms of Service, however the
foregoing does not apply if the infringement of rights is not attributable to
your intentional or negligent behavior.
8. Dispute Resolution and Law
If a dispute arises between you and SUPERMOON studio, we strongly encourage
you to first contact us directly to seek a resolution at supermooncompany@gmail.com. You agree that any claim or
dispute you may have against SUPERMOON studio must be resolved exclusively by a
court located in Seoul, Republic of Korea.
9. Severability
You and SUPERMOON studio agree that if any portion of these Terms of
Service or of the SUPERMOON studio Privacy Policy is found illegal or
unenforceable, in whole or in part by any court of competent jurisdiction, such
provision shall, as to such jurisdiction, be ineffective solely to the extent
of such determination of invalidity or unenforceability without affecting the
validity or enforceability thereof in any other manner or jurisdiction and
without affecting the remaining provisions of the terms, which shall continue
to be in full force and effect.
10. General Provisions
10.1. Assignment
SUPERMOON studio may assign or delegate these Terms of Service and/or the SUPERMOON
studio Privacy Policy, 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 the Terms of Service or Privacy Policy without SUPERMOON
studio's prior written consent, and any unauthorized assignment and delegation
by you is ineffective.
10.2. Supplemental Policies
SUPERMOON studio may publish additional policies related to specific
services such as forums, contests or loyalty programs. Your right to use such
services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents
expressly incorporated by reference herein (including the SUPERMOON studio
Privacy Policy), contain the entire understanding of you and SUPERMOON studio,
and supersede all prior understandings of the parties hereto relating to the
subject matter hereof, whether electronic, oral or written, or whether
established by custom, practice, policy or precedent, between you and us with
respect to the Service.
10.4. No Waiver
The failure of SUPERMOON studio to require or enforce strict performance by
you of any provision of these Terms of Service or the SUPERMOON studio Privacy
Policy or failure to exercise any right under them shall not be construed as a
waiver or relinquishment of SUPERMOON studio's right to assert or rely upon any
such provision or right in that or any other instance.
The express waiver by SUPERMOON studio of any provision, condition, or
requirement of these Terms of Service or the SUPERMOON studio Privacy Policy
shall not constitute a waiver of any future obligation to comply with such
provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of
Service, no representations, statements, consents, waivers, or other acts or
omissions by SUPERMOON studio shall be deemed a modification of these Terms of
Service nor legally binding, unless documented in physical writing, hand signed
by You and a duly appointed officer of SUPERMOON studio.
10.5. Notices
We may notify you via e-mail or any other communications means to contact
information you provide to us at our company e-mail supermooncompany@gmail.com. All notices given by you or
required from you under these Terms of Service or the SUPERMOON studio Privacy
Policy shall be in writing and addressed to: Mario Tower 818-ho, 28, Digital-ro
30-gil, Guro-gu, Seoul, Republic of Korea. Any notices that you provide without
compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these
Terms of Service to SUPERMOON studio are of a unique and irreplaceable nature,
the loss of which shall irreparably harm SUPERMOON studio and which cannot be
replaced by monetary damages alone so that SUPERMOON studio shall be entitled
to injunctive or other equitable relief (without the obligations of posting any
bond or surety or proof of damages) in the event of any breach or anticipatory
breach by you.
You irrevocably waive all rights to seek injunctive or other equitable
relief, or to enjoin or restrain the operation of the Service or any SUPERMOON
studio game, exploitation of any advertising or other materials issued in
connection therewith, or exploitation of the Service or any content or other
material used or displayed through the Service and agree to limit your claims
to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
SUPERMOON studio shall not be liable for any delay or
failure to perform resulting from causes outside the reasonable control of SUPERMOON
studio, including without limitation any failure to perform hereunder due to
unforeseen circumstances or cause beyond SUPERMOON studio's control such as
acts of God, war, terrorism, riots, embargoes, acts of civil or military
authorities, fire, floods, accidents, strikes, or shortages of transportation
facilities, fuel, energy, labor or materials.
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